Lodging a 2nd partner visa onshore (309 , 100) - Page 2

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Lodging a 2nd partner visa onshore (309 , 100) - Page 2


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  #11 (permalink)  
Old 02-03-2014, 05:38 AM
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Quote:
Originally Posted by CollegeGirl View Post
No, he's correct that he can't work as long as your tourist visa is active and that the BVA won't activate until your current stay on your tourist visa ends. You were asking about work rights on the Bridging Visa, so that's what I was addressing. What are the conditions on your 600, i.e., what is the maximum stay? If the maximum stay on your tourist visa is three months the BVA would kick in at the end of that three months. But if it's six months, then yes, you'll have to wait six months to work.

Your application is likely to take 13-18 months, though (current processing times) so you will have working rights for the remainder of your processing time.
Thanks for the clarification
my visa states that i can stay for a year, i can leave and enter australia but i can only stay for a max of 6 months, and then upon re-entry i can stay for another 6 months
can i cancel my tourist visa when i lodge the partner visa application,which would mean the BVA would take precedence and i could work as my tourist visa would no longer be valid?


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Old 02-03-2014, 06:17 AM
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If you allow your current valid visa to expire then you go direct to BVA...if you cancel your tourist visa I believe you will be unlawful and will be on BVE with no work rights...many people have had this issue who are students...have applied for defacto and then cancelled the student visa and ended up in a bit of a pickle. I am not 100% sure though so I would check with Mark Northman or one of the other agents on this forum. Quite honestly I wouldn't trust anything your current agent is telling you!!

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Old 02-03-2014, 06:24 AM
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Oh and if it's a 6 month visa then your BVA will kick in July 15th if you arrived in Aus Jan 2014. I'm seriously appalled by the advice you are being given by this "agent" and agree with CG that you should lodge a complaint

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Old 02-03-2014, 07:00 AM
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If my clients were checking up on my advice on a public forum, I would be most disturbed. If you are paying someone for professional advice, then you should be able to rely on that advice.

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Old 02-03-2014, 07:40 AM
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thanks all.
i have limited savings and am currently living with my gf at her rented house. i dont think my savings could stretch until july 15th. i reckon april or may at the most
are there any other options available to me that would entitle me to work. my lawyer says he can get me work entitlements through financal hardship but then his associate thinks we can cancel the tourist visa

i dont know what to believe anymore


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Old 02-03-2014, 07:44 AM
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I am honestly not sure if you can cancel a tourist visa. That's not a question I've seen here before as most people only get three-month stays so it's generally not as much of an issue. It IS definitely possible to apply for work rights via financial hardship when you're on a bridging visa that doesn't allow work... but I'm not sure about a tourist visa. This is a complicated question, even for this forum, unfortunately. Maybe post on the "Ask Mark" thread at the top of the forum and see what he has to say? Make sure you note you have a six month tourist visa and are asking specifically if it's possible to cancel a tourist visa or to apply so you can work on your tourist visa because you can't go six months without working...

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Old 02-03-2014, 08:07 AM
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Done


our offshore application was sent decision ready and we got a decision in 3 months . hopefully we get a same turnaround for the onshore


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Old 02-03-2014, 08:08 AM
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Quote:
Originally Posted by NiallC33 View Post
I am currently here now living with her, we have got our relatonship declared in W.A, we have a utility bill in joint name, i have been added to her car insurance)
Someone can correct me if I'm wrong, but I don't believe you can register your relationship in WA for DIBP purposes.

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Old 02-03-2014, 08:12 AM
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Good job picking that up, Maggie. Niall, only the city of Vincent allows relationship registration in WA and that is unfortunately not legal for DIBP purposes.

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Old 02-03-2014, 08:15 AM
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hey guys
yes i knew that but our lawyer said it could do our chances no harm. so we registered with the city of vincent and am currently awaiting a date to receive the cert. we do know it is not a legal binding document but it will be more supporting documentation of our genuine and committed relationship


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