Defacto Visa after only 12 months? - Page 2

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Defacto Visa after only 12 months? - Page 2


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  #11 (permalink)  
Old 01-08-2015, 06:47 PM
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Quote:
Originally Posted by lonsydé View Post
Starlight, well, no need, it is just that this is all also a money factor - the sooner we apply, the sooner I am allowed to work in Australia full-time. That is all... otherwise I could also wait a bit longer WIth a student visa, you are allowed to work 20 hours, but courses are also quite pricey too, so you don't really have enough money to live...Anyway, I think we will apply after my course has finished, so we have lived for about 6 months together, hope that will be proof enough.
Applying for the partner visa two months after you arrive doesn't mean that you will be able to work full time any quicker. You will still be bound by your student visa work restrictions until it expires naturally.When your student visa expires you will go onto your bridging visa and that is when you will be free to work full time.

Which state do you plan to live in? I ask only because states like Victoria allow you to register your relationship but you have to prove 12 months living together so it doesn't help with partner visa applications.

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Old 01-08-2015, 07:09 PM
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NSW - and to my knowledge, you don't have to have lived together for 12 months, you just register, pay the fee, that is all. Engaus, I thought I will be able to work only after the application is approved?


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Old 01-08-2015, 07:15 PM
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Yes for NSW that is correct

You will get a student visa, lets say for 7 months (for the sake of providing an example). Once you apply for a partner visa onshore you will be given a bridging visa. This bridging visa sits dormant until your student visa ends. So after 7 months (or however long your student visa is) you will go onto this bridging visa and this is when you will be given full working rights.

Onshore processing is currently at 15-18 months I believe so if your only doing a short course you will be on a bridging visa for some time before your 820 is granted.

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Old 01-08-2015, 07:23 PM
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Ah okay, that's great - is this for the spousal visa, prospective marriage, or defacto? I thought you only receive the right to work once your visa is granted, meaning 12-18 months without work permission, which would be not so good...


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Old 01-08-2015, 07:31 PM
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Originally Posted by lonsydé View Post
Ah okay, that's great - is this for the spousal visa, prospective marriage, or defacto? I thought you only receive the right to work once your visa is granted, meaning 12-18 months without work permission, which would be not so good...
The partner visa 820/801 (which is the spouse visa and caters for defacto and married couples - it's just the type of relationship that differs not the visa type). The prospective marriage visa is an offshore visa so you are not eligible for a bridging visa.

With waiting times so long these days they have allowed partner visa applicants to have the right to work if they apply onshore.

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Old 01-08-2015, 07:33 PM
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Quote:
Originally Posted by lonsydé View Post
I thought you only receive the right to work once your visa is granted, meaning 12-18 months without work permission, which would be not so good...
The rule used to be that you carried the work conditions from your previous visa onto your bridging visa,but they changed this about 3 years ago. If you are applying for partner visa your bridging visa comes with full work rights

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Old 01-08-2015, 07:44 PM
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Best news of the day - thank you


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Old 01-08-2015, 07:46 PM
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No problems. This is why I wanted to make sure you intended to finish your course because if you didn't then the above wouldn't apply.

Good luck

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Application Date: 5th February 2014
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Old 01-08-2015, 08:23 PM
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When I read threads like this about 12 months living requirement , I get really desperate about my offshore defacto visa which was lodged 29th December .

If Immi is so strict about this, I will get most probably rejected. Even I lived with my partner 26 months without separation in the first place. But after we have a seperation period for 2 months before I came to Australia which was in last 12 months. Im with my partner longer than 3 years but I guess the only important thing is last 12 months.
Life..


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Old 01-08-2015, 08:26 PM
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Quote:
Originally Posted by ernest1 View Post
When I read threads like this about 12 months living requirement , I get really desperate about my offshore defacto visa which was lodged 29th December .

If Immi is so strict about this, I will get most probably rejected. Even I lived with my partner 26 months without separation in the first place. But after we have a seperation period for 2 months before I came to Australia which was in last 12 months. Im with my partner longer than 3 years but I guess the only important thing is last 12 months.
Life..
If you can prove that the separation was temporary and that you remained in constant contact during that time you should have no issues getting the visa granted

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Visa: 820/801 Partner (Defacto) from WHV
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Applied: Online, Onshore (Melbourne)
Application Date: 5th February 2014
Police Checks: 5th February 2014
Medicals: 5th February 2014
GRANT DATE: 4th June 2014

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