Working Overseas While on a Partner Visa 820/801 Bridging visa A

I recently got approached from my old company in the UKabout a job opportunity working in the middle east on a Fly in Fly out(FIFO)rotation. I am currently on a Bridging Visa A (partner 820/801) which doesn’t allowme to travel but has anyone had any experience with a situation like this. WouldI be able to apply for a bridging visa B to leave the country for work thencome back?

So basically I want to know if I am able to leave thecountry for work without ruining my chances of staying in Australia.

Thanks in advance David

I don't know the answer to your question but I was left in limbo on a Bridging Visa A after my 457 ran out and I had had my 820/801 application with the DIAC for over 6 months. I ended up writing to my local State MP complaining about how I was unable to travel for work and that I was supporting four Australians on my salary. I was contacted by the MP's office within a couple of days and the visa was granted a few days later. Sometimes all it takes is for someone in power to give DIAC a kick up the proverbial!

thanks for this Loopylu, I have sent you a PM with a Few questions

Hi Dave

I will access the PM when I get home from work as I was just mucking about on PIO during lunch break. I'll see if I can dig out my email to the MP and send you a copy.

Have you run this past a migration agent to see what your options are? I'd be double checking with a reputable one to make sure you are informed correctly.

Do you have work rights on the bridging visa A? Did you enter Aus on a tourist visa and lodge on shore or off the back of a different visa?

As for the work aspect, have you looked into the residency aspect and tax etc.

TBH I'd not do anything without consulting a decent agent for some input.

that would be great thanks loopylu!!

Snifter,

no I literally just received the email last week. I thought I would ask on here first before to see if anyone had been in the same situation.

yes I do have full work rights and entered on a tourist and lodged on shore.

I haven't looked into the residency aspect yet. was just putting some feelers out to see what the outcome was, if I am goling to go ahead with it I will speak to someone as I wouldn't want to ruin my chances of staying here.

If you have full work rights within Aus I doubt you could claim financial hardship to speed the visa process along. If you've not long lodged you've barely begun the waiting process which currently is around 12-15 months iirc for on shore applications.

Afaik you can go off shore so long as you get the correct bridging visa to allow you to enter back into Aus. You need to be on shore for visa grant as its an on shore application.

I'd proceed carefully as you may need to explain your time apart from your partner and be able to document it fully to your CO if they ask.

And also there is the employment aspects to cover. Where do you intend to declare yourself resident for tax purposes? What does your prospective employer propose? My mind thinks Aus is the logical place as you have applied for a partner visa on shore and have ties here sharing a life together and all that, so if you list your residence as UK for tax purposes, that perhaps isn't going to be a great move IYKWIM. All things to consider.

Just be aware that even if you get the visa side sorted, it can be an issue down the line when you want citizenship as when you are eligible, one of the criteria is that you must not have been out of Australia more than a total of 12 months in the previous 4 years and no more than 90 days in the last twelve months.

If you have full work rights within Aus I doubt you could claim financial hardship to speed the visa process along. If you've not long lodged you've barely begun the waiting process which currently is around 12-15 months iirc for on shore applications.

 

Afaik you can go off shore so long as you get the correct bridging visa to allow you to enter back into Aus. You need to be on shore for visa grant as its an on shore application.

 

I'd proceed carefully as you may need to explain your time apart from your partner and be able to document it fully to your CO if they ask.

 

And also there is the employment aspects to cover. Where do you intend to declare yourself resident for tax purposes? What does your prospective employer propose? My mind thinks Aus is the logical place as you have applied for a partner visa on shore and have ties here sharing a life together and all that, so if you list your residence as UK for tax purposes, that perhaps isn't going to be a great move IYKWIM. All things to consider.

I would echo this and say talk to a good agent before doing anything. If you leave oz now, without your partner/sponsor and go and work abroad, before even the 820 has been granted, you are going to need some serious thought and work put into how you prove to DIBP that you are in a committed relationship and want to be together.

We are now back in the UK because my husband's visa was refused at the PR stage largely due to them not believing that we were a geunine couple as he was working offshore a lot whilst I remained in our home in Australia, where I worked.

Definitely get professional advice.

thanks for all your advice guys! I think I may have to pass on this job opportunity for now as I don't want anything to make the whole process even harder than it already is! I think I will stay in aus until my visa a at very least granted before I seek jobs off shore!

verystormy- on another note, are you from Strathaven in Scotland? I'm originally from the small village called Quarter on your way to Strathaven from Hamilton