Work Restrictions

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Work Restrictions


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Old 03-12-2010, 12:07 AM
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Work Restrictions

Hi,

Am wondering if anyone could assist us? My partner (Burmese) and I applied for a de facto visa on the 3rd March 2010 and received a letter from the case officer stating my partners work restrictions (20 hours a week) will be upheld till the visa is processed. He originally came here on a student visa but completed his studies December 2009. He was employed with an organisation pretty much straight away and has been working for this organisation ever since. Can we appeal this decision? Would it be detrimental to his case if we do appeal? We have a house together that we are paying off and of course need finance for bills and other expenses. We can survive on my income but it will be a struggle. My other concern is that if he goes down to 20 hours a week his employer might decide that they need someone that can work full time. The ironic thing is this organisation that he works for is funded by DIAC.
Any help will be greatly appreciated. Am getting really frustrated with all the hoops we have to jump through. Thanks


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Old 03-12-2010, 01:01 AM
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Originally Posted by Lily-bee View Post
Hi,

Am wondering if anyone could assist us? My partner (Burmese) and I applied for a de facto visa on the 3rd March 2010 and received a letter from the case officer stating my partners work restrictions (20 hours a week) will be upheld till the visa is processed. He originally came here on a student visa but completed his studies December 2009. He was employed with an organisation pretty much straight away and has been working for this organisation ever since. Can we appeal this decision? Would it be detrimental to his case if we do appeal? We have a house together that we are paying off and of course need finance for bills and other expenses. We can survive on my income but it will be a struggle. My other concern is that if he goes down to 20 hours a week his employer might decide that they need someone that can work full time. The ironic thing is this organisation that he works for is funded by DIAC.
Any help will be greatly appreciated. Am getting really frustrated with all the hoops we have to jump through. Thanks
Have you discussed it with the CO for that's what I would do in the first instance on the basis of:
. The twenty hours/wk. work limitation is for when students are actually studying.
. A student visa usually has an expiry date a month after course finishes though that can be extended to cover a graduation ceremony date and seeing as you've only just put the partner visa application in that may have been the case.

By upholding, I'd imagine the CO is referring to a Bridging Visa A that would kick in on expiry of the student visa and usually conditions of the former visa would apply and that could be seen as being unlimited work following studying completion.

I've also read of allowances being made for working where there were dire financial circumstances re bridging visa situations, even where a former visa did not have a work provision and that occurring via people attending immigration offices for help.

I'd suggest a polite low key enquiry back to the CO via email if you do not have a phone number to query the difference re the 20 hrs./wk. and what is allowed following study with key concern being your finances and also the possibility of your partner losing his employment .

If you have a phone number for the CO, keep your conversation simple along the above lines and try not to get argumentive but more seeking advice on whether an exception or special allowance is possible and if it is possible to make an appointment to discuss options.

Depending on the CO reaction, you may just need to rock into the local Immi offices and see if you can seek some clarification to resolve the situation in best direction for you.

Also, there is the onshore 485 provisional visa specifically to allow students to gain experience so as to enable them to be eligible for applying for PR visas and that or an employer sponsored 457 visa could also be interim visas that may be a possibility, both are not points tested and should be able to be processed reasonably promptly.
Holding those visas will not stop the partner visa from being processed.
You can check them out from top two headings on Workers - Visas & Immigration

Best wishes





Last edited by Wanderer; 03-12-2010 at 01:04 AM.

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Old 03-16-2010, 12:52 AM
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Thanks Wanderer. Will contact the CO this week to discuss this issue. Hopefully we wont have to wait to long before are application is accepted.


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