Applying for a 820 visa in November 2013 -currently on a WHV,need some advice please

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Applying for a 820 visa in November 2013 -currently on a WHV,need some advice please


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Old 08-27-2013, 05:33 AM
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Applying for a 820 visa in November 2013 -currently on a WHV,need some advice please

Hey guys,

Sorry again for if this question has already been answered before on the forum.

I am applying for the 820 partner visa in November this year (once we hopefully get our relationship registered), I came out here on a WHV and have been here in Melbourne for 8 months now (expires Dec 29th). When I apply for the 820 partner visa, firstly will I automatically be put on the bridging visa A? And also when I get the bridging visa, will I only have to wait until the expiration of my WHV (Dec 29th) to be able to work with an employer permanently (or at least until we hear back from the DIAC about our partner visa).

I am nearly at the end of my six months with an employer which will be sad to have to leave, but luckily he has recommended me to another IGA owned by one of his friends which I will be starting next week. After my 12 month WHV ends in December, will I be able to carry on working there after the six month requirement?

Shell.


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Old 08-27-2013, 12:30 PM
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Your BVA will be issued immediately after you lodge your application. It does not actually come into effect until your WHV expires. Once it is active you will have no work restrictions and can work where ever you like.

And another thing, don't wait till the last minute to register your relationship. Most states have a 'cooling off' period before they grant it and you must have the registration when you apply for your 820/801 (it cannot be submitted later) or it will not waive your living together requirement.

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Old 08-29-2013, 02:23 AM
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Quote:
Originally Posted by Whitney View Post
Your BVA will be issued immediately after you lodge your application. It does not actually come into effect until your WHV expires. Once it is active you will have no work restrictions and can work where ever you like.

And another thing, don't wait till the last minute to register your relationship. Most states have a 'cooling off' period before they grant it and you must have the registration when you apply for your 820/801 (it cannot be submitted later) or it will not waive your living together requirement.

Hey Whitney, thanks for replying to my post.

That's good to know that I can work as long as I want after my WHV has expired, the last thing I would want to do is to keep finding a new after every six months.

Why do they have a "cooling off period", and how long do they usually have this for? I thought it would just take 28 days like it says on their website, or does it usually take longer than this?
The only reason why we're registering our relationship a little later is because the minimum requirement for it in Victoria is 12 months (except in special circumstances). If we apply for this at the end of October then it will have been 10 months since we have been living together and i'm not even sure if they'll accept our application if they think it's too early. Do you think we should apply after 9 months of living together instead? I really don't know what to do.

Shell.


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Old 08-29-2013, 03:58 AM
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The 28 day wait is the cooling off period I was talking about. I haven't ever registered a relationship (it's not a thing in WA) so I can't say how lenient they are on the application requirements. You may want to look into that if you are you counting on relationship registration to waive the 12 month living together requirement for your 820/801.

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Old 09-04-2013, 11:24 AM
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Quote:
Originally Posted by Whitney View Post
Your BVA will be issued immediately after you lodge your application. It does not actually come into effect until your WHV expires. Once it is active you will have no work restrictions and can work where ever you like.

And another thing, don't wait till the last minute to register your relationship. Most states have a 'cooling off' period before they grant it and you must have the registration when you apply for your 820/801 (it cannot be submitted later) or it will not waive your living together requirement.
I spoke with an immigration lawyer and he told me that once you apply for a partnership visa, you receive a bridging visa which allows you to work for another six months with your current employer, regardless of whether you have been working there for a period of time already. Once the partnership visa is granted, it replaces the working holiday visa and any type of work restrictions are lifted. In other words, from my understanding you do not need to wait for the WHV to expire before receiving the bridging visa or partnership visa.

Can someone please correct me if I misunderstood the lawyer?

Thanks!


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Old 09-04-2013, 11:54 AM
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Originally Posted by Nushkito View Post
I spoke with an immigration lawyer and he told me that once you apply for a partnership visa, you receive a bridging visa which allows you to work for another six months with your current employer, regardless of whether you have been working there for a period of time already. Once the partnership visa is granted, it replaces the working holiday visa and any type of work restrictions are lifted. In other words, from my understanding you do not need to wait for the WHV to expire before receiving the bridging visa or partnership visa.

Can someone please correct me if I misunderstood the lawyer?

Thanks!
A bridging visa has full work rights, so once you have gone over to your bridging visa, you can work for an employer for as long as you like. The bridging visa will come in to effect once your current visa runs out


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Old 09-04-2013, 02:54 PM
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Quote:
Originally Posted by Nushkito View Post
I spoke with an immigration lawyer and he told me that once you apply for a partnership visa, you receive a bridging visa which allows you to work for another six months with your current employer, regardless of whether you have been working there for a period of time already. Once the partnership visa is granted, it replaces the working holiday visa and any type of work restrictions are lifted. In other words, from my understanding you do not need to wait for the WHV to expire before receiving the bridging visa or partnership visa.

Can someone please correct me if I misunderstood the lawyer?

Thanks!
The main thing to clarify is that a 820/801 grant will replace a WHV, the bridging visa A does not.

When you apply for 820/801 from a WHV you are granted BVA however it does not come into effect until your current visa expires and you are still bound by conditions of your original visa until it runs it's course. If you violate the terms of your visa or if you voluntarily cancel it this will also cancel your bridging visa as you no longer hold a substantive visa to 'bridge' from. When the BVA comes into effect you will have no work restrictions. Also, you are correct that if your partner visa is granted before your WHV expires the WHV is automatically cancelled and the 820/801 will replace it, giving you full work rights.

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Old 09-04-2013, 03:27 PM
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Quote:
Originally Posted by Nushkito View Post
I spoke with an immigration lawyer and he told me that once you apply for a partnership visa, you receive a bridging visa which allows you to work for another six months with your current employer, regardless of whether you have been working there for a period of time already. Once the partnership visa is granted, it replaces the working holiday visa and any type of work restrictions are lifted. In other words, from my understanding you do not need to wait for the WHV to expire before receiving the bridging visa or partnership visa.

Can someone please correct me if I misunderstood the lawyer?

Thanks!
Either you misunderstood or your lawyer is giving incorrect information. You will indeed get a bridging visa once you apply for a partner visa - but as Whitney stated above, it will NOT be activated until after your current visa expires. Until the WHV expires, you are bound by all the work restrictions that come with it. Once it expires, THEN your BVA will kick in and you will have FULL work rights and can work for whatever employer you want for as long as you want.

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Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

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Old 09-05-2013, 06:04 AM
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Thanks for all of the help!

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Old 09-05-2013, 11:55 AM
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From my own experience I was on a WHV with the typical 6 month restriction for any one employer. The people I spoke with prior to applying for my 820, told me the bridging visa typically carries the same conditions as the substantive visa, that is, it will likely have a 6 month restriction same as the WHV.

Sure enough, once my WHV ran out, and the bridging visa kicked in, it had restriction 8547 on it.

So unless they've changed it, you may end up with the same 6 month restriction on the BVA. However, I believe there may be some debate as to whether you can or cannot work for the same employer for a second 6 month period once the BVA kicks in.


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