tourist visa to partner visa: work rights?

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tourist visa to partner visa: work rights?


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Old 02-01-2011, 06:13 AM
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tourist visa to partner visa: work rights?

Hi,
My Scottish partner has returned to Australia on a tourist visa.
We are applying for a de facto partner visa onshore in Australia.
We tried to apply last year while he was on a working holiday visa but were 2 days short of the 365 day living together requirement and were told that our application wouldn't be accepted.

We both went to Scotland for 2 months for Christmas with his family (lots of photos, evidence etc.) and both returned to Australia late January.

Our main concern is whether he will be given working rights on the day we lodge the application?
I understand that Bridging visa A retains the same conditions as the current visa he is on (ETA tourist visa).
I am a full time student, who works part time and cannot afford to support him financially.
I am stressing because we have heard that wait time for partner visa approval is 9 months, and my partner needs to be able to work during that time.

He has a job lined up with his previous employer (where he worked during his working holiday last year) but is doing the right thing and waiting until he can legally work.

Does anyone know about special consideration for work rights on a bridging visa A? If so, what do we need to provide, and is a seperate form invloved?

We would really appreciate some advice.
Thanks,
Annabel (and Bob)


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Old 02-01-2011, 11:18 AM
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First off you ought to ask Immi what they will actually do re a Bridging Visa with the ETA for whereas an application for a bridging visa is normally processed with an onshore application and will take effect when an existing visa expires, the ETA has a validity period for a full 12 months allowing stays of three months at a time so in reality it is a ways of expiring.
What I expect may have to happen is that they may cancel the ETA to issue a BVA but that's up to them.
If he is granted a Bridging visa, there is provision to seek a work permit, details @ http://www.immi.gov.au/allforms/pdf/1024i.pdf
If he has trade or higher qualifications and his former employer is willing to employ him, another option as an interim may be for him to see if the employer will do an employer sponsorship.





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