Student Visa to on-shore de facto visa: work rights

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Student Visa to on-shore de facto visa: work rights


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Old 08-19-2011, 04:13 AM
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Question Student Visa to on-shore de facto visa: work rights

Hello everyone,

I am a German student in Australia, living with my (Australian) boyfriend. I moved in with him in on 19 November 2010 and we want to apply for a de facto visa next year. My confirmation of enrollment is valid until 30 June 2012 and my student visa will expire on 30 August 2012, which means that I will be able to legally work full time from 1 July.

So my question is: If I apply for a de facto visa after 1 July (while having full time work rights), will I have full time work rights when put on Bridging visa A on 1 September?

The reason why I'm wondering is that Bridging visa A is supposed to have the same work rights as the visa I held before, but I'm not sure whether this refers to the student visa in general (so that I would be only able to work 20 h a week) or to the fact that by the time I apply for the de facto visa I already have full work rights as my confirmation of enrollment is no longer valid.

It would be really helpful if anyone here knew the answer to this, as me and my partner might want to consider other options (such as moving overseas together) if I am not able to kick-start my career in Australia straight away after finishing my course.

Thank you!


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Old 08-19-2011, 06:35 AM
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Hi,

Yes, in general, the Bridging visa has the same conditions as the previous visa. I don't think your Bridging visa would be granted with full working rights, even if you apply during a non-study period (whilst you have full rights)...I am more inclined to think that they'd impose the 20hr limit, but that seems strange and if they want to, they can grant the Bridging visa with no working rights.

Once you apply for the de facto visa, when the student visa expires, the Briding visa will come into effect (you don't fill out any forms to apply for it).

If they grant it with no working rights, you can apply to change those conditions if you can prove financial hardship, or if you have an ongoing contract with an employer.


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Old 08-19-2011, 07:03 AM
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Hi,
I actually just called Immigration and they gave me the following information:

The 20h work restriction only applies while my course is in session or if it's finished and my confirmation of enrollment is still in effect. Since From 1 July 2012 neither of these two things will be the case, I have unlimited work right. Good news !


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Old 08-19-2011, 08:26 AM
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Quote:
Originally Posted by GermanGirl View Post
Hi,
I actually just called Immigration and they gave me the following information:

The 20h work restriction only applies while my course is in session or if it's finished and my confirmation of enrollment is still in effect. Since From 1 July 2012 neither of these two things will be the case, I have unlimited work right. Good news !
That's good, just to confirm, did they say that the Bridging visa would definately have work rights?


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Old 08-19-2011, 08:49 AM
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Hi.. I would recommend you call immigration again and clarify work rights on the bridging visa. The same work rights are carried over from your student visa so what I have been told by immigration is that if you have a 20 Hr restriction on your student visa then your bridging visa will have the same work restrictions.

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Old 08-19-2011, 11:25 AM
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full-time working rights apply if application is made after course completion

Hi, I just want to confirm that the same information was given to me.
Being in a similar situation (my course ended on 1st of July and my student visa is expiring on the 1st of september), I called the hotline twice to ask about my working rights during the bridging visa.
The immigration told me I would have no restriction on working hours because I already graduated, hence as there are no more studying sessions, I can keep working full-time during my bridging visa.
If your employer wants a confirmation you can ask him to call the employer hotline, in your presence (so you can confirm your personal details to access your file).


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Old 08-19-2011, 01:13 PM
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Hi honeytree

So your bridging visa starts when your student expires on 1 September and you keep full working rights until your defacto visa is approved?? If this is the case then everybody on that student visa would have full working rights on their bridging visa.

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Old 08-19-2011, 01:37 PM
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Quote:
Originally Posted by whatnext View Post
Hi honeytree

So your bridging visa starts when your student expires on 1 September and you keep full working rights until your defacto visa is approved?? If this is the case then everybody on that student visa would have full working rights on their bridging visa.
From what i understood that would only apply to applicants who completed their course at the time of application
...

following the same logic: I believe applicants who are still studying at the time of application but who graduate during their bridging visa would also be allowed to work full time once the course is finished (not too sure about that)


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Old 08-19-2011, 09:47 PM
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Quote:
Originally Posted by whatnext View Post
Hi honeytree

So your bridging visa starts when your student expires on 1 September and you keep full working rights until your defacto visa is approved?? If this is the case then everybody on that student visa would have full working rights on their bridging visa.
Hi,

I think that depends on the Bridging visa you get on. In my case I would have full work rights because my course is no longer 'in session' and my confirmation of enrollment isn't valid anymore, too.

Hope this clarifies things

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Old 09-22-2011, 01:40 AM
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hi

Quote:
Originally Posted by honeytree View Post
Hi, I just want to confirm that the same information was given to me.
Being in a similar situation (my course ended on 1st of July and my student visa is expiring on the 1st of september), I called the hotline twice to ask about my working rights during the bridging visa.
The immigration told me I would have no restriction on working hours because I already graduated, hence as there are no more studying sessions, I can keep working full-time during my bridging visa.
If your employer wants a confirmation you can ask him to call the employer hotline, in your presence (so you can confirm your personal details to access your file).
hi there, hav u applied for it yet coz when i called them they told me that u get same restrictions from your previous visa


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