Bridging Visa Work Restrictions on WHV?

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Bridging Visa Work Restrictions on WHV?


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Old 11-05-2015, 10:01 AM
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Question Bridging Visa Work Restrictions on WHV?

Hi Everyone!

Kjell & I have been reading this forum since we discovered it a few months ago! We are both overwhelmed with information - but rather be overwhelmed than unready!

Just a quick backstory for us:

We met online 2 years ago (I'm a New Yorker, Kjell's Tasmanian) and Kjell came over in August 2014 for a month. She then came over again in March of this year for another month. On June 7th 2015, I made the move to Australia on a Working Holiday Visa. We have been together in Australia for 5 months now. I am employed at the casino, but I will reach my 6-month working limit for my employer in February, at which time I am hoping to lodge a Partner Visa. We are planning on registering our relationship next month once we've hit our six month.

After applying, I understand that I will be given a Bridging Visa (A or B?), and am under the impression that I will keep the same working conditions for the Bridging Visa that I currently have on my WHV. Would this mean that I hit reset and get an additional 6-months of employment? Or would I even have a limit at all?

We are asking this as we met with a case officer in Hobart today who said that the hypothetical Bridging Visa would not come with work rights, unless I could prove that I would be under hardship without work. Is this true? It was a blow to the morale to hear this, as we were planning on me still being able to work at the casino on the Bridging Visa. I have found a lot of information online contradicting this, but I want to be sure

Also, we would love to hear from those who have been here on a WHV and were successful on their partner application! Do you have any advice you think would be helpful? So far we have been busy putting our names together on everything haha Any help is greatly appreciated.

Thanks a lot, guys!


Craig and Kjell
Hobart, Tasmania


Last edited by craigandkjell; 11-05-2015 at 10:02 AM. Reason: Over spaced!

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Old 11-05-2015, 10:14 AM
syd syd is offline
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Once you submit your 820 application prior to the expiration of your WHV, you will be given Bridging visa A. This bridging visa will come into effect when WHV expires and it will have no work/study restrictions.

There have been numerous successful visa applications from people who applied whilst holding WHV, because it is a substantive visa. Success is connected to the level of proof submitted in accordance to 820 visa requirements.

Good luck!

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Old 11-05-2015, 10:49 AM
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Oh Syd! Thanks so much for your reply! You really helped us clarify a few things!
Just a quick question - when the Bridging Visa A is enforced, does this mean that Craig can only work for 6 months with an employer? Or like you say, no restrictions - free to work for an employer longer than 6 months?

Thanks so much for your help again!


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Old 11-05-2015, 08:59 PM
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He would remain on the WHV, with it's work restrictions, for the full 12 months of that visa, and then when it expires he would move onto the BVA with no work restrictions. Often when someone has applied for a PR visa, they can complete and submit form 1445 to request permission to work with an employer beyond the normal 6 month limit. It's usually more successful if there are only a few weeks remaining on the WHV, but he could try it sooner and see if they approve it.

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Old 11-05-2015, 09:39 PM
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Quote:
Originally Posted by craigandkjell View Post
Oh Syd! Thanks so much for your reply! You really helped us clarify a few things!
Just a quick question - when the Bridging Visa A is enforced, does this mean that Craig can only work for 6 months with an employer? Or like you say, no restrictions - free to work for an employer longer than 6 months?

Thanks so much for your help again!
It's been a while since I was on the WHV but k believe this is correct:

If he's in the first 6 months then he still needs to abide by the restriction and find another employer.

If he's in the last 6 months of the WHV then he can continue on with the same employer the WHV expires, and bridging visa A is activated.

I would suggest to start collecting evidence and start combining things like bills and finances, superannuation beneficiary etc in preparation for the visa. It takes a lot of work and the more evidence the better


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Old 11-05-2015, 09:53 PM
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I came to Australia on November 20th on a WHV and it expires this coming November 20th. The WHV had the same work and study limitations as yours

November 3rd (3 days ago) we applied for my Partner Visa 820,801. Within an hour of application I was sent an email notifying me that I've been granted my BVA!
My BVA has no work or study limitation whatsoever. I didn't do anything special to somehow get that either.

What I also noticed was that the visa grant email was sent by: [email protected]

So what I'm assuming is that the email is sent to you automatically once you apply and has taken out the middle man to look over your app and press send. So that could be good news for you. It might mean theres just a generic base email sent to you after application that provides you with full work and study rights

Like mentioned above the automated process might consider how long youve been on WHV and could send you a different "base" email based on that...
Though again I'm just assuming all of this

But I wanted to share my experience and hopefully it helps a little because I've applied so recently


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Old 11-05-2015, 10:09 PM
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Quote:
Originally Posted by aubzpope View Post
I came to Australia on November 20th on a WHV and it expires this coming November 20th. The WHV had the same work and study limitations as yours

November 3rd (3 days ago) we applied for my Partner Visa 820,801. Within an hour of application I was sent an email notifying me that I've been granted my BVA!
My BVA has no work or study limitation whatsoever. I didn't do anything special to somehow get that either.

What I also noticed was that the visa grant email was sent by: [email protected]

So what I'm assuming is that the email is sent to you automatically once you apply and has taken out the middle man to look over your app and press send. So that could be good news for you. It might mean theres just a generic base email sent to you after application that provides you with full work and study rights

Like mentioned above the automated process might consider how long youve been on WHV and could send you a different "base" email based on that...
Though again I'm just assuming all of this

But I wanted to share my experience and hopefully it helps a little because I've applied so recently
Be careful of this though. You have been granted your BVA but that doesn't mean you are on your BVA. You need to check your VEVO status to see which visa you are currently on. It probably just means that once your WHV expires you will automatically go onto a BVA.


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Old 11-05-2015, 10:15 PM
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Quote:
Originally Posted by aubzpope View Post
I came to Australia on November 20th on a WHV and it expires this coming November 20th. The WHV had the same work and study limitations as yours November 3rd (3 days ago) we applied for my Partner Visa 820,801. Within an hour of application I was sent an email notifying me that I've been granted my BVA! My BVA has no work or study limitation whatsoever. I didn't do anything special to somehow get that either. What I also noticed was that the visa grant email was sent by: [email protected] So what I'm assuming is that the email is sent to you automatically once you apply and has taken out the middle man to look over your app and press send. So that could be good news for you. It might mean theres just a generic base email sent to you after application that provides you with full work and study rights Like mentioned above the automated process might consider how long youve been on WHV and could send you a different "base" email based on that... Though again I'm just assuming all of this But I wanted to share my experience and hopefully it helps a little because I've applied so recently
Like Arabella said, this doesn't mean your BVA is in effect. It means I cars your current visa had expired it will come in effect. You still have to abide by the WHV conditions until 20 November.


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Old 11-05-2015, 10:15 PM
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Quote:
Originally Posted by Arabella View Post
Be careful of this though. You have been granted your BVA but that doesn't mean you are on your BVA. You need to check your VEVO status to see which visa you are currently on. It probably just means that once your WHV expires you will automatically go onto a BVA.
Ah I was just about to edit my post haha I had called immigration about that. What I've said elsewhere:
I've called immigration about this specifically because I had the same worry. (Though I've learned to take their answers with a giant grain of salt). I asked "If I am currently working at the time of application, will I still be held by the 6 month work restriction from my WHV?"
I was told: "If at the time of application you have less than 6 months left with your current employer, and less than 6 months left on your WHV than you will be able to continue to work with your employer once your WHV ends and you're on your BVA, past the 6 month limitation"

But when I've called and asked again I've also been told that the WHV restrictions roll over to the BVA. Which didn't happen for me.

So I'm definitely still being very weary of course you'd think the information you'd get from immigration would be correct. But theyve also told me that I could go from a WHV to an extended stay Visitors visa and then to the BVA for partner visa. All while staying in the country without any issues. Which is completely false it ends up.


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Old 11-05-2015, 10:16 PM
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Originally Posted by TarlarAustralia View Post
Like Arabella said, this doesn't mean your BVA is in effect. It means I cars your current visa had expired it will come in effect. You still have to abide by the WHV conditions until 20 November.
I reread what he wrote again, and I'm not 100% sure if he means he thinks he's already on the BVA. But just to be on the safe side...


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