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Discussion Starter · #1 ·
Hi guys, we just applied for the 820 partner visa and the department gave me a BVC- no work rights. even though I held a BVA with work rights before lodging the 820 application. now I'm thinking of applying work rights on BVC but how go about it. my partner is Australian citizen and works full time as an RN. Any kind of help is much appreciated. thank you very much.
 

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yes I'm aware but I haven't go that stage yet. when I applied for the partner visa they rejected it saying I didn't supply two 888 forms even when I did. do you have any tips on of this ? thanks
 

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Shyt you got in a bit of a pickle.

Can you give the entire story on the 820 app then refusal till to date?

I can recommend a few very good Registered Migration Agents - you will probably need one from your posts so far.

- Yep they do seem to "not see" documents submitted at an often rate. Whats a house here or there!
 

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so the story is that I met my Australian partner almost 18 months ago. but I didn't want to apply partner visa as I was eligible for 190 visa but when I went to see a lawyer they I couldn't apply for any visa other than partner bcos my application extend my previous visa was refused. so we applied for partner visa 3 days before my BVA was expiring. I was thinking they would grant me a BVA as my previous visa was BVA but they didn't. we have submitted all the document except international police clearance and medical. and are trying to get working rights back. wish me luck.

PS. my first 820 application wasn't refused it was "invalid".
 

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Hi guys, we just applied for the 820 partner visa and the department gave me a BVC- no work rights. even though I held a BVA with work rights before lodging the 820 application. now I'm thinking of applying work rights on BVC but how go about it. my partner is Australian citizen and works full time as an RN. Any kind of help is much appreciated. thank you very much.
You can apply for work rights using the following form: https://www.homeaffairs.gov.au/Forms/Documents/1005.pdf

However, it is not as easy as applying for work rights. You will need to demonstrate that you are facing financial hardship and need to work.
 

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yes I'm aware but I haven't go that stage yet. when I applied for the partner visa they rejected it saying I didn't supply two 888 forms even when I did. do you have any tips on of this ? thanks
Are you sure this is the only reason that it was rejected? I know someone who did not supply any 888's and their visa was approved.
 

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Discussion Starter · #9 ·
yeah just because of 888 forms even when they were there. and even my lawyer said he has never seen something like this before. if anyone have any tips on how to make the application stronger, please post. all sorts help is much appreciated.
 

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yeah just because of 888 forms even when they were there. and even my lawyer said he has never seen something like this before. if anyone have any tips on how to make the application stronger, please post. all sorts help is much appreciated.
It is best for you to tell us what evidence you have provided.

However, even with the strongest application ever you still need to meet schedule 3 requirements. If you don't meet schedule 3 a strong application will not help you.
 

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The reason you were required to provide 2 forms 888 is because, due to the previous refusal, you were subject to section 48 at the time you lodged the application.This particular requirement is often the cause of confusion for people who think that all partner visa applications must be accompanied by 2 forms 888 that are less than 6 weeks old. This is not the case.

If the applicant is a person to whom section 48 of the Act applies, the applicant: (ii) must provide, at the same time and place as making the application, an approved form 40SP or 40SP (Internet) that has been completed and signed by an Australian citizen, Australian permanent resident or eligible New Zealand citizen who claims to be the spouse or de facto partner of the applicant (the partner); and
(iii) must provide, at the same time and place as making the application, 2 statutory declarations each of which:
(A) is made by an Australian citizen, Australian permanent resident or eligible New Zealand citizen who is not the partner; and
(B) declares that the applicant and the partner are in a married relationship or de facto relationship; and
(C) was declared no more than 6 weeks before the day on which the application for the Partner (Residence) (Class BS) visa was made.


The real challenge will be schedule 3. You will be asked for it quite quickly after lodgement and you will have very limited time to respond.
 
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