CollegeGirl
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Everything posted by CollegeGirl
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from a 457 to bridging visa ; waiting for defacto
CollegeGirl replied to AnnB's topic in Aussie Chat
As long as your 457 expires on its own (i.e., the visa expires, it's not cancelled because you quit work at your sponsoring employer, for example), once you're on the BVA, yes, you can work anywhere you want. You're no longer tied to a sponsoring employer. Hope that helps! -
Unfortunately I don't think that's possible. The visa has to be cancelled before the BVE can be applied for, so even if it's 30 seconds between one and the other, my understanding is that still counts and the time spent in the country prior no longer counts toward citizenship.
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I am definitely not an agent, so always good to corroborate information you read elsewhere, but I've read this particular info multiple places from more than one agent, so I believe it to be correct.
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Adam also posts on another forum I frequent as well. I've definitely seen him tell people when they DON'T need an agent to apply for something. I've never seen him give anything but open and honest advice to people. I've got no horse in this race as I don't know Adam from anything other than these two forums, but I don't like to see people's intentions misinterpreted, and I think Adam's are in this case. Just my two cents.
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Exactly what Ramot said. In addition, the time between when your 457 is cancelled and when you apply for a Bridging Visa E, you are illegally in the country, which means time spent in the country before that no longer counts towards citizenship. A BVE is NOT something you want to find yourself on, and I'm really glad OP has a good handle on that. Adam, as usual, was giving excellent advice. Sad to see him get punished for it.
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What about your GP where you used to live or something?
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If she's already on her 820 (I'm assuming this is true from what you said above?) she can come and go from Aus as much as she wants. She can also be anywhere in the world when her 100 is granted. She doesn't need to be onshore. Make sure Immi has whatever contact info for her where you want them to send her grant notice (generally email address), but other than that, you're good to go.
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It no longer matters which visa you start out on - for the last couple of years, people on the BVA who have applied for a partner visa have full work rights regardless of the work rights (or lack thereof) of their previous visa. Any of the migration agents on this forum will confirm this. You'll be able to keep your job with no problem, Chloe.
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I've found the selection of items that will actually ship to Australia on Amazon to be pretty abysmal, though, FYI. 80% of the time when I want something, it doesn't ship here. And don't be fooled by the "Global" tickbox - just because it's Global-eligible STILL doesn't mean it will necessarily ship here.
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Seriously - use a registered migration agent. That's going to be your best chance here. It's NOT as fatal an issue as your lawyer made it out to be, but you WILL need professional help.
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Chloe - just FYI, you're eligible for Medicare as soon as you *apply* for the 820 and get your BVA. You can take your BVA letter to Medicare and they'll approve you. No need to wait for the 820 to be granted. I can't help with the insurance policy, but you should be aware of waiting periods - many Aussie insurance policies have waiting periods before they'll cover pregnancy/obstetrics related things, and many of them have been a year. So look at waiting periods, and not just coverage.
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You'd check the box for permanent.
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No no - if you leave your job while on a 457, before your De Facto visa is granted, your 457 will be cancelled, not expired! Very important distinction. Your 457 doesn't expire until the expiration date on the visa. If you quit your sponsoring job, you'd then have 90 days (I think?) to find another sponsoring employer. If you couldn't find one, you'd be unlawfully in the country, and have to apply for and end up with a Bridging Visa E, which has lots of downsides: It comes with NO work rights (though you can apply for them if you can show financial hardship), NO travel rights (you can't apply for a BVB to be able to leave the country temporarily... you leave the country while on the BVE and you may find yourself subject to a three-year ban and unable to get back into the country to get your de facto visa granted if you're especially unlucky), and any time you spent in the country prior will no longer count towards citizenship. You may want to ask a registered migration agent what your best move is.
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Or if you registered but didn't provide any evidence at all of combining finances or households... you still want to have lived together for a little while and have evidence of that, even if you register. I've seen RMAs recommend six months of living together when possible for people who have registered.
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No, don't add the three extra digits. They're not required.
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To answer your question, Barry, no - it means nothing, unfortunately. Your PR is completely tied to your relationship, so when your relationship ends, you no longer qualify (with specific exemptions it doesn't sound like you qualify for, like having a child of the relationship or being a victim of domestic violence, as Maggie said).
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I'd love to hear an agent's thoughts on this. This is the third case in the last three months where I've read someone (here and on other forums) saying they had not sent in documents for their 801 reassessment, and yet none of their visas were cancelled (like I thought they were supposed to be). The 820 is only a two-year visa... it's not meant to allow you to stay in the country indefinitely.
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Partner Visa from Oversees - Not Employed in Australia
CollegeGirl replied to ihtisham20's topic in Visa Chat
That's how I read it too, Notts. -
Ah, okay - no worries. It was an online submission. I got my acknowledgement and BVA immediately, but nothing since. It's pretty typical for PMV-to-820 folks especially to get no correspondence except the grant as it usually happens so quickly. No need for medicals or police checks again, typically.
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Was that directed to me, Steven Lozza? If so, I don't know. When I called Immi, they wouldn't tell me anything.
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Arrrrgh. Though PMV-to-820 applications usually go through really quickly (several days to several weeks) I've been waiting on mine since 24 April, and absolutely everyone else I know from here and another forum who applied for theirs AFTER me have already gotten it. Theirs are going through at a normal pace. It's been almost two months. I don't get what the holdup is for us. Anyway, glad you got yours quickly!
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No, it says that for everyone. Your application for a 309 is in fact an application for the 100 at the same time. They'll "reassess" you in two years (from the date of your 309 application) for the 100, but you won't skip directly to it unless you've been married/de facto three years or longer, or two years+ with a child together.
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That's a common misunderstanding. That instruction is there for people who handwrite it - they want ink, not pencil. That's all. They definitely prefer forms be typed.
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There are several good ones that post here - wrussell, Allan Collett, George Lombard and others.
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Generally in order to get a five-year RRV you have to have lived in Australia for two years of the past five years. So it's not really surprising you got declined, unfortunately. Hopefully someone can comment on whether your daughter's appeal will help - and quite honestly, if I were you I'd be contacting a good registered migration agent to talk about building a case that you have "strong ties" to Australia and perhaps helping your case with the appeal.