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Switching from WHV to De Facto

1045 Views 6 Replies 5 Participants Last post by  Skybluebrewer
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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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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