820 Partner Visa from Working Holiday

[BradBram]

Hi all,

 

Just looking for some advice,

 

I'm currently out in Australia on a working holiday with my partner, we've been together 4 years and moved over from the UK together. He's a permanent resident through his family and I'm getting together all the documents to apply for my partner visa, 820.

 

My understanding is once the applications submitted i'll be granted a bridging visa..

 

My working holiday visa expires 1 March, however I'm currently employed on a 6 month contract (due to the working holiday visa rules) and my work contract is due to expire on the 2nd Feb.. My work want to extend me... So my question is, are they allowed to do that once I have my bridging visa or do I need to wait for my working holiday to expire before the bridging visa comes into effect?

 

So would i just be able to stay on past the 6 months once I have the bridging visa or would I have to leave and return once the working holidays expired?

 

Hopefully that makes sense?

[Mark Northam]

Hi BradBram -

 

Great question. As your 6-month work period would end prior to the expiration of your working holiday visa (WHV), you would need to lodge a request to waive the 6-month WHV work limitation after you lodge the partner visa application. These are usually approved if you can establish that your employer needs you to continue work for important reasons (you should include a letter from your employer stating this and providing details with the extension request). The extension request is made using Form 1445 which can be downloaded from the DIBP website, and should be lodged at least 2 weeks before the 6-month time limit runs out.

 

You will be granted a bridging visa A upon lodging your partner visa, however the bridging visa will not activate until your WHV expires, which is why you'll need to waiver to continue working for the period AFTER the 6 month limit runs out but BEFORE the WHV expires and the bridging visa activates.

 

Hope this helps -

 

Best,

 

Mark Northam

[BradBram]

Thanks for the reply Mark,

 

That's great, i'll certainly look into doing that.. In terms of the Form 1445 being approved, my work would like me to stay on and are more than willing to extend/make me permanent, i'm not sure if they would be able to claim its for important reasons though, i work in a client support job for an advertising agency.. Do you think the fact that i'd have a bridging visa that comes into effect 4 weeks later along with a letter from them confirming there wanting to extend me would be sufficient enough for them to approve it? If that makes sense? Or is it more of an exceptional circumstances type?

 

Also i understand the bridging visa won't come into effect until the working holiday expires, but will i still be emailed/sent it as soon as i lodge my partner visa? Just so i can show it to my work to prove that's what i'll be going onto?

 

One other question also, would registering our relationship in Victoria and sending that certification in the visa application be beneficial?

 

Thanks!

Edited October 30, 2016 by BradBram