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Discussion Starter · #1 ·
Hi All,

This might be a long post and I seriously needed some advice on how to proceed further.

I came to Australia(Melbourne) in December 2019. The reason I came here is because im the only blood relative to my brother who is now citizen of Australia and he is my and he has settled here for more than 6 years along with his wife and his only son and all are citizens of Australia.

My brother’s lawyer gave an idea of bringing me back to Australia because I was the only person living in other country which is India . My mother and father are both deceased and I am still not married so I had an option of coming to Australia under Remaining Relative Visa which was approved and I am currently under bridging visa WA/010 which allows me to stay and study in Australia for indefinite period but there is a condition 8101 which will not allow me to work in Australia legally.
I have tried to apply form 1005 to remove my condition 8101 for about 7 times already and all of them got rejected and im struck with no possibility of getting it. We have got advice from two lawyers and one of them telling us to keep applying and the other one saying that my sponsor has to support me for first two years and then only we can apply to remove the condition. The thing is we apply for working rights once every 3 months and it gets rejected all the time and it takes exactly 1 month for me to get the decision from department which is another sad part to hear that my application got rejected .

I have provided the following supporting documents

1. form 1005
2. Covering letter which states all my problems
3. Providing my Australian bank account statements and my Indian bank account statements which clearly shows I do not have any income
4. My Indian account loan statements were I have to pay monthly emi
5. My current rental agreement
6. My private insurance Bupa statements
7. My telephone bills
8. Excel spreadsheet showing my daily expenses

I seriously don’t know what else I should provide to prove that I have financial hardship. I am 31 years old now and I am struck in Australia with no work for almost 2 years. I am not doing anything for so long and it feels so frustrated. My brother was also depressed mentally as he thinks that he had made huge mistake of bringing me to Australia which made him to get heart attack on January1st this year and even we provided those medical records of my brother who suffered from heart attack.

As a whole family we are struggling because of this situation. Could anyone would like to share their thoughts on this would be highly appreciated and it will be a huge help for my life.

Thanks in advance.

Regards,
Pramod Reynold
 

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From what I have seen on this visas conditions, the sponsor must agree to give you support, accommodation and financial assistance for your first two years of residency in Australia.

I would assume that after 2 years you can apply for working rights.
 

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Discussion Starter · #3 ·
From what I have seen on this visas conditions, the sponsor must agree to give you support, accommodation and financial assistance for your first two years of residency in Australia.

I would assume that after 2 years you can apply for working rights.
Thank you for your response JandE,

could you please let me know because of this 2years thing only my working rights getting rejected?
 

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Thank you for your response JandE,

could you please let me know because of this 2years thing only my working rights getting rejected?
That, I can't answer exactly, but I would assume it would be.

They place a requirement on the sponsor to support for 2 years, so that the visa can be granted. They do not give working rights with the initial bridging visa, presumably because the sponsor has agreed to support for 2 years.

It makes some sense that after 2 years it should change, but not before.
 

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Discussion Starter · #5 ·
Hi JandE, once again thanks for your responses.

but I’m curious to know that from where it states that the sponsor has to support for two years ? Is it something been written that like a law or a rule that states this ?

sorry for troubling you but it would help me to know the exact reasons.
Thanks in advance
 

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It is in the Visa application/sponsor conditions. I assume that the sponsor would have agreed to that when they completed their sponsor section.

Subclass 115 - Remaining Relative visa

Sponsor

There is no cost to apply to sponsor a visa applicant but you must agree to financially support the main visa application and their dependents for their first 2 years in Australia.

Sponsorship obligations last for 2 years from the date when the applicant first enters Australia on the visa.

You must agree that, for the first 2 years the visa holder is in Australia on this visa, you will provide the applicant and any family members who come with them with:
support
accommodation
financial assistance
 

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Discussion Starter · #7 ·
This is very helpful JandE, my final question is I came in Australia on December 6th 2019 but my bridging visa application date started on February 10th 2020. So my two years period start from the date I arrived in Australia which is on 6th of December 2019 or February 10th 2020. When does my two years period gets over ? Is it on 6th of December 2021 or 10th of February 2022 ?

thanks in advance
 

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This is very helpful JandE, my final question is I came in Australia on December 6th 2019 but my bridging visa application date started on February 10th 2020. So my two years period start from the date I arrived in Australia which is on 6th of December 2019 or February 10th 2020. When does my two years period gets over ? Is it on 6th of December 2021 or 10th of February 2022 ?

thanks in advance
Having just read this, I would suggest checking the answer with a Registered Migration Agent:

Subclass 115 Offshore Visa: Sponsorship obligations last for 2 years from the date when the applicant first enters Australia on the visa.

Subclass 835 Onshore Visa: Sponsorship obligations last for 2 years from the date we grant the visa.


Which visa did you apply for ?
 

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Discussion Starter · #9 ·
Hi JandE, thanks for explaining this as well. I have applied for 835 onshore visa and I have bridging grant date as 10th of February 2020
 

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Discussion Starter · #10 ·
Hello JandE, I’m happy to inform that my working rights has been granted today… could you please advice which form should I use to remove my travel restrictions?
 

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Hello JandE, I’m happy to inform that my working rights has been granted today… could you please advice which form should I use to remove my travel restrictions?
Which bridging visa are you on?
 

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Discussion Starter · #12 ·
Hi JandE,

I’m currently underOther Family (Residence) (Class BU) Remaining Relative ( Subclass 835) visa
It also states that I’m :

Bridging visa class - Bridging A ( class WA)
Bridging visa subclass - Bridging A(subclass 010)

And under my visa in :
Travel facility- No travel

could you please help me on how to remove this No Travel condition?

your help is always much appreciated.

thanks in advance.

regards,
Pramod
 

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Hi JandE,

I’m currently underOther Family (Residence) (Class BU) Remaining Relative ( Subclass 835) visa
It also states that I’m :

Bridging visa class - Bridging A ( class WA)
Bridging visa subclass - Bridging A(subclass 010)

And under my visa in :
Travel facility- No travel

could you please help me on how to remove this No Travel condition?

your help is always much appreciated.

thanks in advance.

regards,
Pramod
I assume that you have applied for the 835, but it is not granted yet.

The bridging visa A, (BVA), from your previous substantive visa does not allow travel. I don't think that you can remove a No travel condition from a BVA.

If you want to travel and return to Australia while you have a Bridging visa, you will need to apply for, and be granted, a BVB before you leave.

A BVB is essentially a BVA but with Travel rights.

Make sure you apply for a BVB with working rights too...
 

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Discussion Starter · #14 ·
Thank you JandE, as i already have my full working rights in Australia. Should I have to again apply workings rights if I have to apply for bvb? Or I can apply for bvb for my overseas travel and as I already have working rights in bva and it will be automatically carried to my bvb which if it’s get approved so it will have with no travel restrictions and full working rights ?
 

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Thank you JandE, as i already have my full working rights in Australia. Should I have to again apply workings rights if I have to apply for bvb? Or I can apply for bvb for my overseas travel and as I already have working rights in bva and it will be automatically carried to my bvb which if it’s get approved so it will have with no travel restrictions and full working rights ?
From what I have read, the BVA will be cancelled when the BVB is granted.

When I said "Make sure you apply for a BVB with working rights too...", that is to ensure it doesn't go wrong, ending up with a Bridging Visa with travel, but no work rights.
 

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Hello Pramod, i'm in the same situation as you actually in the sense that I'm on a BVA with NO Work Rights...I've been in Australia since May 2019 & i've been granted a BVA on 20th Sept. 2019. I've applied twice in 2019 & 2020 for Working Rights, but been denied both times. Regarding the sponsorship, looks like all is good as i've already been in Australia for more than 2 years, & my BVA will reach its full 2 years on this upcoming Monday 20th Sep. Can you please tell me what are the docs you've sent which have made your application successful ?
 

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Discussion Starter · #18 ·
Hello Oli,

please find the below documents

1. form 1005 with all the details and reasons
2. Main important thing is a covering letter which explains ur financial hardship
3. Your Australian banking statement 3 months
4. Overseas banking statement 3 months without any incomes
5. Any overseas loan which you’re paying currently with loan statements
6. Your current rental agreement, telephone bills or any other bills in Australia
7. One more main thing is expense report in excel with reasons of each expenses which shows in your last three months bank statement in Australia

hope these documents are sufficient and as you have already in Australia for two years you can apply now and it should be granted soon like I got it in two weeks. I have posted them directly and I have not emailed them.
Good luck Oli
 

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Hello Oli,

please find the below documents

1. form 1005 with all the details and reasons
2. Main important thing is a covering letter which explains ur financial hardship
3. Your Australian banking statement 3 months
4. Overseas banking statement 3 months without any incomes
5. Any overseas loan which you’re paying currently with loan statements
6. Your current rental agreement, telephone bills or any other bills in Australia
7. One more main thing is expense report in excel with reasons of each expenses which shows in your last three months bank statement in Australia

hope these documents are sufficient and as you have already in Australia for two years you can apply now and it should be granted soon like I got it in two weeks. I have posted them directly and I have not emailed them.
Good luck Oli
 

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Hi Pramod, thanks for this precious advice. I'm definitely getting in touch on Monday with my migration agent to start the application. I f I ever need any advice, I'll revert back to you. Thank you mate.
 
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