HELP! Defacto Visa, 2 weeks short of 12 month criteria - Page 2

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HELP! Defacto Visa, 2 weeks short of 12 month criteria - Page 2


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Old 05-17-2011, 01:08 AM
dan dan is offline
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good luck cass!

can you tell me more about the bridging visa? i have not yet heard heard of it.

could you also let me know what immigration lawyer you have spoken to? perhaps it is worth me getting some advice!!

i'm an aussie-born with a swiss girlfriend. we met whilst travelling and she has been living in australia since july 2010 on a 507 student visa that expires august 2011.

we are planning on applying for a defacto visa in july 2011 after we have been together in australia for 12mo. we are going to switzerland for a holiday in june 2011 so we were planning to apply for a 309 (offshore) visa because the application fee is cheaper than the 820 (onshore) visa.

however we are a little concerned that my girlfriend might be stuck in swiss waiting for up to 10 months while the application is processed. if there is some sort of bridging visa she can apply for so she can stay in australia and work that would be excellent.


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Old 05-17-2011, 02:00 AM
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If you stay in Australia and lodge your application here after the 12 months then the bridging visa comes into play straight away. The bridging visa has the same work rights/restrictions as your current visa.

For example - I'm currently on a student visa able to work 20 hours per week. My course finishes on 10th June and after that I can work full time until my visa expires on 10th July. While I can work full time I'll apply for my de facto visa and so my bridging visa will have full time work rights as it takes on the rights/restrictions you are currently on. If I applied before my course finished I would only be able to work 20 hours on my bridging visa.

Hope this makes sense! Another thing to consider is that on a bridging visa you can't leave Australia unless you have special circumstances - so no holidays!


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Old 05-17-2011, 02:15 AM
dan dan is offline
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Thanks for your help furryball, that sounds great!! I guess we can still have our holiday and just make sure we return and apply before her student visa expires.

Can you give me some more details about the bridging visa? What is the proper name for it? Can you give me a link to the DIAC website?

Thanks again!

Dan


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Old 05-17-2011, 10:08 AM
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Quote:
Originally Posted by dan View Post
Thanks for your help furryball, that sounds great!! I guess we can still have our holiday and just make sure we return and apply before her student visa expires.

Can you give me some more details about the bridging visa? What is the proper name for it? Can you give me a link to the DIAC website?

Thanks again!

Dan
The thing with the student visa is that after your course finishes, you have another 4 or so weeks to leave the country (August in your case). If you leave the country after your course finishes, you wouldn't be able re-enter on the student visa because your course has finished... This is how they explained it to me when I was on a student visa. Appearantly it's only possible if you can provide evidence that you will enrol in another course...


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Old 05-17-2011, 10:17 AM
dan dan is offline
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Ahhh thanks Lisa. Why is it never easy!!


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Old 05-17-2011, 10:19 AM
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This could be worth looking into further Dan as I'm not leaving the country so this doesn't really affect me...

I know lots of migration agents will give you a free 20 minute consultation - I went to one and ended up in there for an hour! Can be worthwhile if you're doing the application yourself


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Old 05-17-2011, 10:22 AM
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I'd apply in Switzerland...some of the case countries for the Berlin office were moved to Madrid recently, so I reckon the processing time is shorter. Even if not, offshore will still be a shorter processing time than onshore. Ours (Berlin) took 3 months.


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Old 05-17-2011, 12:37 PM
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Hi Dan,

Yes, if you apply off-shore, I guess you won't have to worry about that Bridging Visa as you guys will just have to wait until it's approved to re-enter Aus.

If you apply for the De-Facto visa On-Shore then the Bridging Visa kicks in which is basically just an extension of the Visa she's already on. So she will have the same conditions etc as her current visa, until a decision is made on the application for Spouse Visa. That's how it's been explained to me. (I don't think there's any information on them anywhere...)

This is the law firm I spoke with and they were very helpful! (I forget the lady's name but just tell them you have questions about Migration and Visa's etc and they'll put you through to her)

Greenberg Australia Pty Ltd
Phone 07 3212 6700 Facsimile 07 3212 6799
Address: Level 6
320 Adelaide Street
BRISBANE QLD 4000
AUSTRALIA



She did say that if you have almost everything ready and you basically know what you're doing then it's not worth paying someone (eg: Lawyer or Migration Agent) to handle your application. Of course if you had a sticky situation like a Criminal Record or not quite enough evidence etc then they are a good option. I think it's worth paying just to go for an hour and talking to someone though... this lady was very helpful over the phone for us so you might get away with not paying etc and just having a chat with her....


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Old 05-18-2011, 12:03 AM
dan dan is offline
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great thanks for your help cass did you end up paying her for her services? if so, how much did it cost?


  #20 (permalink)  
Old 05-19-2011, 10:23 AM
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What I did is apply for a student visa and I'm doing a quick 3 month course (although fees are about $1600). When my course finishes in 4 weeks time I'll have the right to work full time until my visa expires a month after that. In this time I'll submit my de-facto application as this means the bridging visa I'm on will allow me to work full time rather than the 20 hour per week restriction on the student visa. I was advised to do this by a migration agent and I'm happy with how its going so far. Maybe this would be a good option for you to allow yourselves to be well over the 12 month requirement?

QUOTE]

HI, Im very interested about this student visa you got... can you tell me more about it? You can work on the visa and it allows you to work full time? My boyfriend is coming over from the UK and is too old for the working holiday visa.. i've been trying to find a way for him to get a working visa before we submit the defacto!!
Thanks.. Suki


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