WHV to De Facto Spouse VIsa -- Updates

[amerriam]

Hello all,

 

I have been in Australia for 7 months on a WHV as my partner and I collect evidence of our relationship. (We have been together for 3.5 yrs, but don't have evidence of the fact that we were living together for 2 yrs as it was in China which meant no bills together, no joint accounts, and relatively informal rental contract.)

 

So, I plan to apply for a De Facto Spouse Visa in April or May once we have a whole bunch of documentation collected. My understanding is that once I apply for the partner visa I will automatically get a bridging visa.

 

My questions are:

 

1) Does anyone know if the bridging visa includes is a 6 month working restriction, similar to the restriction for WHV? (ie only being able to work for the same employer for max 6 months)

 

2) Does anyone know if I am able to immediately transfer to a bridging visa once I have filed for a partner visa or if I have to wait until my WHV expires? (If there is no working restriction I would like to immediately move to bridging visa as working restriction is tough to work with -- don't want to wait, unemployed, for those extra few months.)

 

3) Would love to hear about people's experiences on how long the partner visa took to process. Is it much much easier if you are married? (ie do you need less documentation?)

 

Many many thanks in advance!

Ange

[Guest]

In reply

 

1) no it doesn't that I am aware of

 

2) the bridging visa will only kick in when your current visa expires

 

3) being married makes no difference nor does it speed things up. Onshore takes about 12 months or so, sometimes a bit more, sometimes a bit less

 

Out of interest have you got your Chinese police check? You say you lived there for 2 years recently so would think you'll need one.

[BritChickx]

I echo what snifter says. I'm on a tourist visa and applied for an 820/801 visa at the beginning of the month. Bridging visa kicks in when my tourist visa expires. I have no work restrictions.

[Ozmaniac]

Your Bridging visa only takes effect when your WHV expires however, if you're still on your WHV and have lodged a Partner visa application, you can apply for a waiver of the WHV 6 month per employer restriction if you want to stay with a WHV employer for longer than 6 months - you can't apply before you have actually lodged your Partner visa application. On the following, go to Visa Holders > Your Obligations for information on and a link to the form on which to apply for the exemption:

http://www.immi.gov.au/Visas/Pages/417.aspx

[amerriam]

Thanks all!!!

Very glad to know bridging visas don't have the same work restrictions.

Ozmaniac: thanks much for the hint re waiver of the 6 month restriction! For anyone else with same issue, the language is:

 

Exceptional circumstances mightinclude remaining in your current job for one of the following reasons:

....

 

remaining in your current job while a decision is being made on an application for a visa which would allow you to continue full time work with your employer without leaving Australia, such as an application for a Temporary Business (Long Stay) visa or a Spouse visa.

 

Note: For the department to take thisinformation into consideration when assessing your employment extension request, you must have lodged your visa application and must be recorded in the department’s systems.

 

Also, Snifter: thanks for heads-up re police check from CHina. Never thought of that ... will look into it!

 

Cheers

Your Bridging visa only takes effect when your WHV expires however, if you're still on your WHV and have lodged a Partner visa application, you can apply for a waiver of the WHV 6 month per employer restriction if you want to stay with a WHV employer for longer than 6 months - you can't apply before you have actually lodged your Partner visa application. On the following, go to Visa Holders > Your Obligations for information on and a link to the form on which to apply for the exemption:

http://www.immi.gov.au/Visas/Pages/417.aspx