Australia Forum banner
Status
Not open for further replies.
1 - 12 of 12 Posts

·
Registered
Joined
·
15 Posts
Discussion Starter · #1 · (Edited)
Hi!

Just wondering if anyone could help me with my situation. I am from the USA, and my fiancé is Australia. I am currently in Australia on an ETA. We have submitted our PMV 300 application (December 31, 2017) and have still not heard anything. I arrived April 6th 2018 with this ETA. Is there any option I can take that would allow me to stay in the country, and work?

I do have a return flight back to the USA if I absolutely need to take it, but would definitely prefer to stay in Australia and be with my fiancé. And I also need to make some sort of income.

I have also already been in the country 2 years ago on a Working Holiday 462 Visa.

I wonder if I qualify for any type of Bridging Visa? And if so, which one?

Thank you very much for any help!!
 

·
Registered
Joined
·
7,023 Posts
Is a Work and Holiday Visa an option? Pretty sure you would need to be offshore for the first application.

There is not really a Bridging Visa you could apply for (that you would want).

There is a $7,000 option to get a Bridging Visa!
 

·
Registered
Joined
·
4,534 Posts
Work and Holiday (462) like ampk said, if you qualify. You don't have to go back to the US to apply for it, just be offshore.

Bridging visa A with work rights would have been granted if you applied for an onshore 820/801. You don't get one for an offshore app.
 

·
Registered
Joined
·
15 Posts
Discussion Starter · #4 ·
Work and Holiday (462) like ampk said, if you qualify. You don't have to go back to the US to apply for it, just be offshore.

Bridging visa A with work rights would have been granted if you applied for an onshore 820/801. You don't get one for an offshore app.
Forgot to mention that, just updated my post. I have already been in country on a 462 visa.

Just looking for any way possible to not have to leave my fiancé again, and be able to work.

If hypothetically we decide to get married like, tomorrow... would we be able to switch our PMV to a partners visa? I believe I recall seeing that as an option, we just have to write a letter to immigration stating what we have done? Then the PMV application would turn into an 800/820 application. Would that then give me the BVA?
 

·
Registered
Joined
·
15 Posts
Discussion Starter · #5 ·
Is a Work and Holiday Visa an option? Pretty sure you would need to be offshore for the first application.

There is not really a Bridging Visa you could apply for (that you would want).

There is a $7,000 option to get a Bridging Visa!
What bridging visa is that? Not that I would take that route.. already paid that much for the PMV application haha!
 

·
Registered
Joined
·
4,534 Posts
Forgot to mention that, just updated my post. I have already been in country on a 462 visa.

Just looking for any way possible to not have to leave my fiancé again, and be able to work.

If hypothetically we decide to get married like, tomorrow... would we be able to switch our PMV to a partners visa? I believe I recall seeing that as an option, we just have to write a letter to immigration stating what we have done? Then the PMV application would turn into an 800/820 application. Would that then give me the BVA?
No, if you marry before the 300 is granted, you can request the department to change it to a 309/100 application which is also an offshore option with no bridging visa (see below). You can't do this and get an 820/801.

The option ampk was saying is to apply for the onshore 820/801 but because you can't transfer the fees, you'd have to pay the $7000 application fee all over again. And of course, you'd also need to meet the de facto requirements to even be eligible. The 820/801 is the only partner visa option to give you a BVA with work rights.

"If you marry before we make a decision on your visa application, you will no longer be eligible for this visa. You will need to send the following to the office processing your application:

-evidence that your marriage is valid (registered marriage certificate issued by the relevant legal authority)
-a request to be considered for a Partner visa (subclass 309) and Partner visa (subclass 100).
-a statement telling us you want to withdraw your Prospective Marriage visa application. If you do not withdraw your application, it will be refused as you no longer meet the eligibility requirements for the visa."
Listed under Section 4.
 

·
Registered
Joined
·
4,534 Posts
It sounds like you might just have to wait it out until the 300 is granted, then come back to Oz on it and have work rights then. You won't be able to work on the ETA at all, and you also won't be able to use it for long term stays or living as it's not intended for that and they'll likely stop you on entry some time and tell you they won't let you back in on it. At least, that's what they've done in the past for people that have posted here, typically on 3rd reentry after staying for nearly the entire 3 months each time.
 

·
Registered
Joined
·
7,023 Posts
You nailed it Sky, but was thinking of withdrawing the 820 after PMV decision (if favourable) if evidence was light.
 

·
Registered
Joined
·
12 Posts
It sounds like you might just have to wait it out until the 300 is granted, then come back to Oz on it and have work rights then. You won't be able to work on the ETA at all, and you also won't be able to use it for long term stays or living as it's not intended for that and they'll likely stop you on entry some time and tell you they won't let you back in on it. At least, that's what they've done in the past for people that have posted here, typically on 3rd reentry after staying for nearly the entire 3 months each time.
Hi Sky,

I'm new here.. is there any way that she can legally work from Australia online for a US company paid to her US bank account?

Thanks
 

·
Registered
Joined
·
7,023 Posts
Incidental to holiday online work can be carried out, but you need to be very careful.

Personally I think the risk is too high.
 

·
Registered
Joined
·
4,534 Posts
"You must not work in Australia on this visa."

"It is illegal to work on an ETA."

"Online Work - For tourists holidaying in Australia over short periods it is likely that online work (such as answering emails) which is intended at keeping on top of work back home will not breach condition 8101. However where online work is not just incidental to the visa-holder's travels in Australia the condition may be breached."

I'm no expert, and you're better off creating a new thread to ask that question. But I live in Australia and work for a US company online, and I still file taxes in Oz. So I would say work is work, regardless. And I wouldn't take such a risk having just spent $7,000 on a partner visa. When it comes to immigration, if you're trying too hard to find a loophole, you're probably in the wrong and doing something illegal.

Having to spend a few months apart or more is not uncommon in the partner visa process. Either spend your time here and abide by the conditions of the visa you're on, or go back home and wait it out. This is something that you should have considered prior to choosing a partner visa route.

If you really want to work, do what ampk said. Apply onshore for an 820/801, pay another $7k fee, get your bridging visa and work when it's in effect. Then withdraw the application once the 300 is granted or if you meet the 820/801 requirements already, withdraw the 300 application and wait for a decision on the 820/801 while living and working in Australia.
 
1 - 12 of 12 Posts
Status
Not open for further replies.
Top