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Discussion Starter · #1 ·
Hi folks

Need some advice regarding 820 application as I think I might have landed myself in a bad situation.

I'm currently on a student visa, which allows me to work full time (post-grad research) and expires in November 2018. However I handed in my thesis at the end of last month (March 29th) so at the moment I'm not enrolled in a program anymore. I know I am allowed 3 months with my current student visa to make arrangements for departing australia or applying for new visa. So right now I'm trying to submit my 820 application ASAP.

The problem is that I have also been offered a job and i started on the April 16th (monday). now I'm starting to worry that I shouldnt have accepted because I'm not enrolled anymore so I actually dont have a right to work?? I dont know if the 3 months allowance still allow me to work. Should I stop working right away and put in my 820 application ASAP? If I submit my application in the next week or so, will I be able to work with the BVA that comes with?

I'm almost ready to submit my 820 application, just waiting for a police report from my home country, but I also heard that this can wait? I havent had the form 888 yet but I'm hoping to have them ready by end of next week. I'm applying online so are the forms 888 to be scanned and uploaded as part of the supporting documents?

Sorry for the lengthy post, just really worried about my situation now. TIA.
 

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Apply for the 820 , you can submit police reports later , don't quit your job.

Once you apply for 820, you'll be on bridging visa .Make sure you have you have work rights on that bridging visa. Make sure you apply for 820 visa asap and don't stay illegal for even a minute, otherwise you'll be in big trouble
 

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Discussion Starter · #3 ·
Thanks Dennis. I will get the 820 in asap.
I have also found extra information from the immigration website that I'm allowed to work full time (as the course is now considered not in session) so I will continue working. It also says that I'm entitled to stay on the student visa until it expires once I've applied for a migration visa, in this case the 820. Thanks again.
 

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Dude, you're wrong again.

A BVA is granted as soon as an 820/801 application is made and yes it has work rights, but it does not go into effect until the current visa ends. So the person must abide by any conditions on the current visa until it ends. Current visa gets canceled, so does the BVA. FYI this info is clearly stated on the immigration website.

So OP better figure out their student visa situation first.
 

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From what has been posted, the OP has unrestricted work rights if the course of study is not in session and either the student visa or a bridging A is in effect.

Whether applying for an 820 is well advised is another matter:
Was the partner relationship declared to immigration, and when?
How does the OP propose to satisfy the schedule 1 criteria (married, 12 months de facto at the time of application, registered relationship)?
What evidence is there that the relationship is: genuine, mutual, exclusive, continuing?
Immigration pays particular attention to students who apply for partner visas.
 

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Discussion Starter · #6 ·
@skybluebrewer: I got your point as that's what I'm worrying as well. However I believe there is exception to student completing course earlier than the visa grant period. From two immigration web pages they state

"If you complete the course for which your visa was granted earlier than the end date on the Confirmation of Enrolment, your enrolment will end. You are expected to make arrangements to depart Australia or apply for a new visa. If you have complied with your visa conditions while studying, your visa would not be considered for cancellation (or breaching condition 8202) within three months of completing your course."

"If a student has successfully completed their principal course* early for which their visa was granted and has lodged an application for a migration visa in Australia, the student is entitled to remain on their student visa until the visa expiry date or until the outcome of the migration application. Student visa condition 8105 (work limitation) allows full-time work rights for students who have successfully completed their studies, as the course is considered to be out of session."

Please correct me if I'm wrong but my understanding is that once I've lodged an application for a migration visa (I intend to apply for an 820), I'm allowed to remain on my student visa until it expires (ie. it wont be cancelled prematurely) at which point the BVA will kick in. I do worry that the student visa will be cancelled after 3 months and with it the BVA so I think I should confirm this with the immigration before I apply for the 820.

@wrussell: The relationship is not declared to the immigration yet. But I intend to do so by lodging the 820 on the ground of de facto relationship. I have lived with my Australian partner for >4 years (both our names are on the lease agreement). Over the past 4 years we have travelled together both domestic and oversea and we have itineraries with both our names on. We will provides photos during the trips as well as from our living aspect (ie photos with our pet dog together). We didnt have a joint bank account but we will show both our statements showing that we share the living expenses (rent, groceries etc). We just opened a joint bank account now and will pay rent and groceries from this account going forward (but im not planning to mention this as there's no statement from the account yet as of now), and if immigration ask for further evidence in a year's time then we will provide statement from this account.
does any of this above including my reply to skybluebrewer raise a red flag to you?
 

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I think what Westly is referring to is what did you declare as your marital status on your student visa application and was that correct at the time you applied? So for example if you applied for your student visa in 2015 and said you were single, if you now apply for a partner visa and say you've been in a de facto relationship since 2013, that is inconsistent with your student visa application.
 

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Discussion Starter · #8 ·
Hi Maggie, thanks for the clarification. I was indeed already living with my partner at the time of application, however only for a few months so at the time we did not think about whether we were in a de facto relationship at all. also at the time we were not thinking about applying for this partner visa 4 years later so I didnt even think twice when filling my relationship status on the student visa.

I just checked and I put down as 'never married' at the time of application, which was i guess also correct. Do you know how important/serious is this inconsistency? I guess it's too late now to notify the department about our de facto relationship?
 

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You might want to now work out the exact date you both belive you were in a de facto relationship - I would suggest it would be a post Student Visa application date.
 

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Discussion Starter · #10 ·
Hi ampk
We had started living together since Oct 2013, and I applied for my student visa in Feb 2014. However because at the time of my student visa application we had not lived together for at least 12 months, it would not be considered as de facto. So I think I'm good there for selecting "Never married".

However I'm concerned that the immigration will not be happy that i did not update my relationship status 12 months after we been living together. but at the same time it's not mentioned anywhere on my visa grant letter that I need to update them about this. there's only information about updating them if i have changes in residential address, passport, and educational provider etc. not relationship status.

does anyone think they will have problem with my partner visa application because of this? as other had commented above they are more strict with student applying for partner visa?
 

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Hi ampk
We had started living together since Oct 2013, and I applied for my student visa in Feb 2014. However because at the time of my student visa application we had not lived together for at least 12 months, it would not be considered as de facto. selecting "Never married".

However I'm concerned that the immigration will not be happy that i did not update my relationship status 12 months after we been living together.
Can you please show me that being in a de facto requires "living together" for 12 months?

Many have and do successfully apply for a de facto not having lived together for 12 months.

Selecting de facto on a visa application is an option as is never married.

It also seems common that de facto is not selected as it may be reason not to grant a visa, in the opinion of applicants.
 

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Discussion Starter · #12 ·
you are right that 'living together' for 12 months is not the absolute definition of de facto. however we also wont qualify as de facto anyway according to this:
https://www.homeaffairs.gov.au/trav/stud/brin/student-visa-definitions

"De facto partner
A person is the de facto partner of another person (whether of the same sex or a different sex) if:
they have a mutual commitment to a shared life to the exclusion of all others
the relationship between them is genuine and continuing
they live together or do not live separately and apart on a permanent basis and they are not related by family.

For an application for a Student visa the de facto relationship must have existed for at least 12 months immediately preceding the date of application."

as we had only been in a shared life to the exclusion of all others for about 5 months prior to my student visa application I think it's safe to assume that I did not do anything wrong in that application.
 
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