Irishgirl8xxx Posted February 16, 2015 Share Posted February 16, 2015 Hi, I am applying for a 801/820 with my partner who is australian (I'm Irish) I am on a student visa while we get everything sorted just wondering do I have to complete the course even if the defacto application is lodged before it finishes? I'm confused as I've heard different things. Thanks Link to comment Share on other sites More sharing options...
engaus Posted February 16, 2015 Share Posted February 16, 2015 Hi, I am applying for a 801/820 with my partner who is australian (I'm Irish) I am on a student visa while we get everything sorted just wondering do I have to complete the course even if the defacto application is lodged before it finishes? I'm confused as I've heard different things. Thanks ? You have to stay on your student visa until it expires naturally or your partner visa is granted. Trying to get out of studying is messy and will mean your BVA with work rights is cancelled and you will be put on a BVE which means you have no work rights, you can't leave australia at a until your partner visa comes through, and any time you spent in Australia prior to the BVE coming into effect will not be counted towards citizenship. You can apply for work rights on a BVE but you have to show hardship and they are tightening up on approving work rights because too many people are abusing the student visa and using it as a way to get to australia to apply for a partner visa. Link to comment Share on other sites More sharing options...
aceofspain85 Posted February 20, 2015 Share Posted February 20, 2015 You have to stay on your student visa until it expires naturally or your partner visa is granted. Trying to get out of studying is messy and will mean your BVA with work rights is cancelled and you will be put on a BVE which means you have no work rights, you can't leave australia at a until your partner visa comes through, and any time you spent in Australia prior to the BVE coming into effect will not be counted towards citizenship. You can apply for work rights on a BVE but you have to show hardship and they are tightening up on approving work rights because too many people are abusing the student visa and using it as a way to get to australia to apply for a partner visa. Engaus I am experiencing the exact same problem but I am switching from a 457 visa to a 801/820 partner visa, at 1st I was told by immigration department twice that once I had lodged for the 801/820 I would be put on a BV, So I have spent the last 10 days getting all that together myself because I can't afford an agent only to be told by someone different at immigration that I actually would have to continue on the 457 working conditions. however I am massively struggling to find a sponsor, my partner is 4 months pregnant and sick and now I'm worrying where money is gonna come from. any advice please would be much appreciated thanks Link to comment Share on other sites More sharing options...
blossom Posted February 20, 2015 Share Posted February 20, 2015 Engaus I am experiencing the exact same problem but I am switching from a 457 visa to a 801/820 partner visa, at 1st I was told by immigration department twice that once I had lodged for the 801/820 I would be put on a BV, So I have spent the last 10 days getting all that together myself because I can't afford an agent only to be told by someone different at immigration that I actually would have to continue on the 457 working conditions. however I am massively struggling to find a sponsor, my partner is 4 months pregnant and sick and now I'm worrying where money is gonna come from. any advice please would be much appreciated thanks What happened to the sponsor you had for the 457? Link to comment Share on other sites More sharing options...
CollegeGirl Posted February 20, 2015 Share Posted February 20, 2015 Engaus I am experiencing the exact same problem but I am switching from a 457 visa to a 801/820 partner visa, at 1st I was told by immigration department twice that once I had lodged for the 801/820 I would be put on a BV, So I have spent the last 10 days getting all that together myself because I can't afford an agent only to be told by someone different at immigration that I actually would have to continue on the 457 working conditions. however I am massively struggling to find a sponsor, my partner is 4 months pregnant and sick and now I'm worrying where money is gonna come from. any advice please would be much appreciated thanks Their phone reps are notorious for giving out incorrect information. Your Bridging Visa A will be automatically issued when you apply for the Partner Visa, but it will NOT kick in until your 457 EXPIRES on its own, and you continue to be bound by your 457 conditions until your Partner Visa is granted (or your 457 expires, whichever happens first). If you stop working for a sponsoring employer and your 457 is cancelled, as Engaus said above, you'd most likely be dealing with a BVE and have no work rights whatsoever - you'd have to apply for them and demonstrate serious hardship circumstances, and even then you might not get them. Your safest bet is to find another sponsoring employer if you can. Link to comment Share on other sites More sharing options...
aceofspain85 Posted February 21, 2015 Share Posted February 21, 2015 What happened to the sponsor you had for the 457? at the moment I'm not entirely sure I have left that in the hands of the fair working ombudsman. Link to comment Share on other sites More sharing options...
aceofspain85 Posted February 21, 2015 Share Posted February 21, 2015 Their phone reps are notorious for giving out incorrect information. Your Bridging Visa A will be automatically issued when you apply for the Partner Visa, but it will NOT kick in until your 457 EXPIRES on its own, and you continue to be bound by your 457 conditions until your Partner Visa is granted (or your 457 expires, whichever happens first). If you stop working for a sponsoring employer and your 457 is cancelled, as Engaus said above, you'd most likely be dealing with a BVE and have no work rights whatsoever - you'd have to apply for them and demonstrate serious hardship circumstances, and even then you might not get them. Your safest bet is to find another sponsoring employer if you can. I was extremely frustrated to be told this exact thing after I had spent a whole week preparing my partner visa application when I could have been out there looking for a sponsor. Link to comment Share on other sites More sharing options...
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