dollbr Posted February 13, 2014 Share Posted February 13, 2014 Ok, I'm gonna set the scene here because I am REALLY in need some help, support and advice at the moment. I arrived in Australia in October '12 on a Working Holiday Visa, travelled around and worked a bit then in March '13 I landed myself an awesome job (and boyfriend) in a very remote part NT outback. Volunteer work for 2nd WHV was allowed when I started but rules changed in the new 13/14 financial year and was no longer accepted as 'specified work'. After completing a few weeks of volunteer work, in between my 50+ hours of paid work, this was quite frustrating. We looked at other visa options, including partner/de facto visas (which require 12 months together in the NT) but my employer decided to offer me sponsorship, FANTASTIC! Or so I thought. My 6 months was up with this employer in August '13 so I did a bit more traveling and returned to the UK in October '13, when my WHV expired. Now i'm back in Australia on an eVisitor visa (valid 12 months from approval, allowed to enter for 3 months at a time NO WORK condition). My employer has just submitted my nomination, so I COULD lodge my part of the application now, which is ready to go. Once my part is lodged, immigration automatically apply for a Bridging Visa A (BVA) for me too. Only problem with this is, the BVA will only take over once my current visa is expired which is 3 month from my entry date so will be the start of May '14. Even when it does take over, it still has a NO WORK condition attached, which can be lifted in some circumstances, such as financial hardship (hopefully $3.46 in my Aussie account and maxed out overdrafts of 2000GBP in the UK is qualifies as financial hardship!). So from what I have been able to research, best case scenario is that I could be back to work some time in May which is way too long for my liking. I REALLY want to get back to work ASAP, I love my job here and as I have said above, I am SKINT!! Depending on my boyfriend IS NOT fun, although he is happy to support me. I came to Australia to gain independence, not lose it. Going back to the UK means failure to me so is NOT an option. I have looked in to WHV for NZ but if I went down that route, upon returning to Australia, the 3 month condition of my eVisitor visa would start all over again before my BVA would take over. I'm in a bit of a kerfuffle, as you can see. I am lucky enough to be able to stay with my boyfriend on-site at his (our) workplace, for under $100 a week for food and board but we are in such a remote location that there is nothing to do. I've looked into volunteer projects and the possibility of online training (luckily we at least have wifi access!) Any kind advice or suggestions would be very much appreciated and if anyone else is or has been in the same position it would be great to chat Link to comment Share on other sites More sharing options...
Ozmaniac Posted February 13, 2014 Share Posted February 13, 2014 Could you perhaps go for a 457 and a 187 at the same time? A 457 isn't very expensive for either you or the employer and 457s are processed much faster than 187s. I'm not sure though if the sponsorship paperwork for the two visas is very different - if it is, it might be too much hassle for your employer to do the 457 as well. Sounds like a bit of advice from one of the good RMAs who post on here might be a good idea. Link to comment Share on other sites More sharing options...
dollbr Posted February 13, 2014 Author Share Posted February 13, 2014 Hi Ozmaniac, thank you The 457 is an option that I have briefly discussed with my employer, however they stressed that they have been betrayed by employees in the past who have not stuck to their agreed terms. Also, immigration have told me that this takes 3 months to process and incurs a $1000 fee from both parties, which my employer would not be willing to pay due to past experiences. I could approach my employer with the offer of paying their part too, but like you say, it could be a very different application to the 187 which would mean more work on their part. Link to comment Share on other sites More sharing options...
nicolac34 Posted February 13, 2014 Share Posted February 13, 2014 Hmm you do seem to be in a bit of a predicament! I went from WHV to RSMS but I didn't leave the country so went onto a bridging visa with work rights whilst awaiting the RSMS. It is worth it for PR in the long run, but I have heard the waiting times for RSMS are a lot longer than when I applied (I got mine granted in 2 weeks). Are you going through an agent? They might be able to advise you the best course of action. Either that or you and your boyfriend leave and spend some time elsewhere (such as NZ on WHV) so once you have 12 months relationship evidence you could lodge a defacto? Link to comment Share on other sites More sharing options...
dollbr Posted February 13, 2014 Author Share Posted February 13, 2014 Thanks nicolac34! Wow, 2 weeks is an awesome outcome!! There are other members of staff being sponsored here too, also poms on the RSMS 187 visa. One of their nominations was submitted in November and still has the 'processing' status and haven't heard a peep since submitting!! The risk of submitting my part before the nomination has been accepted is pretty high too, since the $3000+ will not be returned if the nomination is denied (dependent on my employer submitting sufficient information). My boyfriend (who is an Australian Citizen, should have mentioned that) has an important management role here so him leaving, even temporarily, is not really an option. Plus the fact that we are both living off his salary at the moment and, totally understandably, he ideally doesn't want to touch the savings he's put away in his 3 years of hard work here. I've done some research on defacto and it looks like it can take up to 6 months to process. Our 1 year mark is 5-6 weeks away. I am not going through an agent, no. I couldn't really justify spending an additional $5000+ on something that I could, and have, put together myself. Link to comment Share on other sites More sharing options...
nicolac34 Posted February 13, 2014 Share Posted February 13, 2014 Hmm ok. So would it make sense to apply for a defacto visa in 5-6 weeks time rather than go the RSMS route? I'm not sure of the timescales but is the defacto quicker to grant with less hurdles to jump through? And then you wouldn't be tied to the employer for 2 years (that can be the hardest part of the visa believe me!) Would you still not have work rights on a defacto bridging visa? Link to comment Share on other sites More sharing options...
dollbr Posted February 13, 2014 Author Share Posted February 13, 2014 Quite possibly, yes! I will definitely have a further look into this as an option, thank you. Although, if this option starts to look promising, it is highly likely that the bridging visa for the defacto will be very similar to the one i'm after at the moment, in the way that A) it will have the 'no work' condition attached at first and B) that it will not come into effect until my current eVisitor visa expires, still May.bn My boyfriend and I have no plans to leave our jobs here in the next few years anyway, too good of an opportunity to save up a heap of money for our future. Link to comment Share on other sites More sharing options...
nicolac34 Posted February 13, 2014 Share Posted February 13, 2014 You should definitely look into whether the bridging visa is the same for the defacto, because I'm sure I've heard of quite a few friends coming over on tourist visas and then going on the bridging visa for a defacto and being able to work - this would be before the evisitor expires as well. Here you go http://www.immi.gov.au/Visas/Pages/801-820.aspx definitely says you should apply whilst in Australia and you can work whilst you are awaiting the outcome. Link to comment Share on other sites More sharing options...
Minch23 Posted February 13, 2014 Share Posted February 13, 2014 Hi dollbr, I have just been in a similar situation. As you will be applying for a work based visa, you (should) be granted a work permit with you bridging visa A. I was worried sick about not being granted a work permit, but as I discovered, you tend to get the same rights on your bridging visa as the visa subclass you apply for. Link to comment Share on other sites More sharing options...
Ozmaniac Posted February 13, 2014 Share Posted February 13, 2014 A Bridging visa granted after an onshore Partner visa application will have unrestricted work rights though it won't take effect until your eVisitor expires. BVs usually hve the same work rights as the visa they are bridging FROM but BVs while Partner visas are processing are an exception. Link to comment Share on other sites More sharing options...
dollbr Posted February 13, 2014 Author Share Posted February 13, 2014 Thank you nicolac34, I am looking into it already! I am pretty sure though, after speaking to immigration this morning, that an eVisitor can only be overridden by a substantive visa, not an alternative temporary visa. I will look into it further though. Hi Minch23 thank you, that is very reassuring!! Thanks Ozmaniac, I did suspect that would be the case. Perhaps I should just stick to waiting for the RSMS? Link to comment Share on other sites More sharing options...
blossom Posted February 13, 2014 Share Posted February 13, 2014 Immigration are notorious for giving out incorrect info. The rules changed, I think about a year ago, so that no matter what visa you were on previously, if you apply for a partner visa you have full work rights once on the bridging visa. Link to comment Share on other sites More sharing options...
dollbr Posted February 13, 2014 Author Share Posted February 13, 2014 Thank you blossom79. I think waiting for my current eVisitor to expire, then transferring to the BVA and hope work permissions get approved, is my best option at this stage. Thank you everyone for your help so far, it's good to hear what different people have learnt. Link to comment Share on other sites More sharing options...
blossom Posted February 13, 2014 Share Posted February 13, 2014 Just remember to apply for another visa before your tourist visa expires. You can't get the bridging visa otherwise. (You probably realise this, just thought I'd point it out in case though). :-) Link to comment Share on other sites More sharing options...
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