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Hi Guys,

I am entering Aus on 5th April on WHV and joining my Aussie partner who I have been with for 2 years. I am going to apply for De Facto about 3 months after I get there to demonstrate some time of living together.

My question is, when I apply for De Facto will I get any full working rights once I have submitted application and it is under consideration?

Or will I only gain the full working rights when the bridging visa kicks in at the end of WHV?

Is there any way the WHV can be over-ridden by De Facto?

My reason for asking is because I work in Banking Sales and being restricted to the 6 month per employer is going to mean I will struggle to get a job for such a short period of time with a Bank. Don't really think they will want to take someone on, train them, give them a portfolio only for me to leave a few months later.

Thank you!
 

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Hi Guys,

I am entering Aus on 5th April on WHV and joining my Aussie partner who I have been with for 2 years. I am going to apply for De Facto about 3 months after I get there to demonstrate some time of living together.

My question is, when I apply for De Facto will I get any full working rights once I have submitted application and it is under consideration?

Or will I only gain the full working rights when the bridging visa kicks in at the end of WHV?

Is there any way the WHV can be over-ridden by De Facto?

My reason for asking is because I work in Banking Sales and being restricted to the 6 month per employer is going to mean I will struggle to get a job for such a short period of time with a Bank. Don't really think they will want to take someone on, train them, give them a portfolio only for me to leave a few months later.

Thank you!
You might find this thread and the answers in it somewhat useful and informative. Someone else is planning to go from a WHV to a de facto visa.
 

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Discussion Starter · #3 ·
You might find this thread and the answers in it somewhat useful and informative. Someone else is planning to go from a WHV to a de facto visa.
Thanks, quite useful however the situation is slightly different as I am not sure I want to get married in the next year. I would not want a forced marriage situation as I know I qualify for De Facto. I am sure we will get married one day but I want to go down the traditional route and not for a visa.

I am just wondering if De Facto application pending work rights over-rides the WHV once you apply or if you have to ride out the entirety of WHV....

Thank you
 

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Thanks, quite useful however the situation is slightly different as I am not sure I want to get married in the next year. I would not want a forced marriage situation as I know I qualify for De Facto. I am sure we will get married one day but I want to go down the traditional route and not for a visa.

I am just wondering if De Facto application pending work rights over-rides the WHV once you apply or if you have to ride out the entirety of WHV....

Thank you
I could be wrong, but I think I've read that if you apply for a s/c 820/801 while on a s/c 417 you would be granted a bridging visa with the same visa restrictions and conditions that are on the 462. Again, I could be wrong.

Have you read the partner migration handbook? If so, do you know for certain you meet the requirements for a s/c 820/801?

The reason I ask if you meet the requirements is that you say you've been with your partner for 2 years, but you didn't say if that was in person or online LDR.
 

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When you lodge your 820 application, you will receive an acknowledgement letter and a bridging visa. However the bridging visa doesn't take effect until the current visa expires. So you remain on the WHV for 12 months and the bridging visa takes effect immediately after.
 

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I'd work on the basis that you won't get unrestricted work rights until your WHV ceases, unless a miracle happens and you partner visa is granted within 12 months.

There are some situations where you can extend the 6 month work period, but this is unlikely to apply to you: https://www.homeaffairs.gov.au/Forms/Documents/1445.pdf
 

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I could be wrong, but I think I've read that if you apply for a s/c 820/801 while on a s/c 417 you would be granted a bridging visa with the same visa restrictions and conditions that are on the 462. Again, I could be wrong.

Have you read the partner migration handbook? If so, do you know for certain you meet the requirements for a s/c 820/801?

The reason I ask if you meet the requirements is that you say you've been with your partner for 2 years, but you didn't say if that was in person or online LDR.
A BVA granted from a partner visa application has no such restrictions.

The BVA will have full work rights. It does not go into effect until the WHV ends and you are still onshore so you are bound by the conditions of the WHV until it ends. As mentioned above, the only way around it is to have the 820 granted while you're still on the WHV and that will take over with full work rights. We've seen some very fast 820 grants recently but I doubt that will still be the case around when you apply as things seem to me to go quiet towards the beginning of the new fiscal year. Most people wait around a year and a half, give or take a few months in either direction.
 
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