Working on a bridging visa??

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Working on a bridging visa??


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Old 09-11-2013, 04:00 AM
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Working on a bridging visa??

Hi,

My partner and I are considering applying for a defacto visa I am am from the uk and my partner is a Australian citizen. We are both currently living in Sydney but I am only here on a tourist visa and although we have been together for 2 years we have only lived together for 6 months so obviously have some concerns that our application may be declined. The main question we have is that while we are awaiting a decision or possible appealing a declined decision would I be able to work in Sydney on the bridging visa as I am currently only on a tourist visa? Was told by some people that while waiting for a decision the answer would be that I could not work but then if we appealed a declined decision I would be able to work while we where awaiting the appeal to be looked at as this can take up to two years?

If anyone has any info or guidance on this it would be appreciated before we apply?

Thanks


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Old 09-11-2013, 04:08 AM
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First of all - don't start out thinking you're going to be denied! My #1 suggestion would be to register your relationship. You're very lucky in that NSW has one of the most liberal policies regarding registering your relationship. You can find information on that here.

Registering your relationship waives the requirement to have lived together for 12 months. So provided you have solid evidence of living together over the last six months, and evidence of the genuineness of your relationship and combining/sharing finances, you can still be in really good shape to get approved.

Read this forum, read everything you can get your hands on, and ask lots and lots of questions - we're all here to help you.

Second of all - YES, as long as you apply for your defacto visa before your tourist visa expires, your Bridging Visa A will kick in after the expiration date of your tourist visa, and then you will have full working rights.

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Old 09-11-2013, 05:31 AM
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But if you appeal a rejected application, I think you will be issued a BV E and there is working restrictions on it. You can apply for that restrictions to be lifted on the ground of financial hardship.
Anyway, I believe you won't have to go down that path provided you are well prepared for your de facto partner visa application.


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Old 09-11-2013, 10:52 AM
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Quote:
Originally Posted by GBP View Post
But if you appeal a rejected application, I think you will be issued a BV E and there is working restrictions on it. You can apply for that restrictions to be lifted on the ground of financial hardship.
Anyway, I believe you won't have to go down that path provided you are well prepared for your de facto partner visa application.
Hi GBP

No, that is not the case. If you apply to the MRT for review of a decision refusing to grant you a partner visa, you will be granted another BVA which will continue to be in effect until 28 days after the decision of the MRT. So you can keep working.


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Old 09-11-2013, 12:18 PM
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Hi GBP

No, that is not the case. If you apply to the MRT for review of a decision refusing to grant you a partner visa, you will be granted another BVA which will continue to be in effect until 28 days after the decision of the MRT. So you can keep working.
Thanks for the info.


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Old 09-11-2013, 01:30 PM
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Hi All -

An added note: when you're in Australia on a visitor visa (assuming it has a 3-month max. time per stay, multiple entry) and you apply for a partner visa onshore, the visitor visa remains in effect until the current stay period ends (3 months), and the bridging visa only activates after that - but does so automatically. Bridging visas for valid onshore partner applications made when the applicant was holding a substantive visa are now given Bridging Visa A with full work rights by default. The key is that you would have to wait until the day after your 3-month stay ended in order for the Bridging Visa A to activate and work rights to begin, since you have no work rights under a visitor visa. The actual expiration date of your visitor visa in this scenario is not relevant - the key is the end of your current 3-month stay in Australia, assuming your visa is configured as I've described.

Hope this helps -

Best,

Mark Northam

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Old 09-11-2013, 10:43 PM
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Hi

Thanks everyone for your your posts very helpful and reassuring in the most part. Mark quick question do you need to apply for the bridging visa separately or is this done automatically when you apply for the partner visa?

Thanks again everyone .

RoRo


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Old 09-12-2013, 12:47 AM
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Originally Posted by RoRo View Post
Hi

Thanks everyone for your your posts very helpful and reassuring in the most part. Mark quick question do you need to apply for the bridging visa separately or is this done automatically when you apply for the partner visa?

Thanks again everyone .

RoRo
I'm not Mark (you can tell us apart because my hair is longer... LOL) but you don't apply for the BV separately - it's automatic.

__________________
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 09-12-2013, 01:42 AM
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Automatic, assuming onshore partner visa application. Easy to tell the difference - CG is far better looking than I am!

Best,

Mark

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Old 09-12-2013, 02:31 AM
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Thanks sorry new to this forum and sure yous are both as good looking as yous are helpful.

Cheers

RoRo


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