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TooEasy

Work rights for spouse on partner's 485 post-grad visa

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Hey all

My wife and I just landed in Australia and will now submit the joint application for the 485 post-study work stream visa. She is currently on a 500 student visa and I am on an eVisitor (subclass 651).

As we understand, my wife (the primary applicant) will retain the same rights as she currently has throughout the duration of the bridging visa.

As her spouse and the secondary applicant, can anyone confirm what work rights I would have while the bridging visa is in effect?

Am I also right in thinking that the bridging visa will not take effect until her previous student visa expires?

Thank you
TooEasy

Edited by TooEasy
Clarifying a few things

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Shouldn't you have checked all that out before you decided on this path?   


Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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You probably need the advice of an RMA - as currently you are on a different visa to your wife - I don't know if technically, your bridging visa might be linked to your tourist visa? 


I just want PIO to be a happy place where people are nice to each other and unicorns poop rainbows

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Hi TooEasy,

a 651 visa doesn't have any working rights option.

Once submitting the 485 visa and your 651 visa expires, you will move to a bridging visa that will inherit the same visa conditions as the original one.

What I am trying to say is that you can apply to change the visa condition but, unless you can prove that you are suffering from financial hardship while holding the bridging, visa this condition will be kept and you wont be able to work until a decision is made in regards to the 485 visa.

Moran Shultz

Registered migration Agent 1795282

 

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1 hour ago, Moran From LifeinAus said:

Hi TooEasy,

a 651 visa doesn't have any working rights option.

Once submitting the 485 visa and your 651 visa expires, you will move to a bridging visa that will inherit the same visa conditions as the original one.

What I am trying to say is that you can apply to change the visa condition but, unless you can prove that you are suffering from financial hardship while holding the bridging, visa this condition will be kept and you wont be able to work until a decision is made in regards to the 485 visa.

Moran Shultz

Registered migration Agent 1795282

 

2

Thank you for taking the time to offer your advice.

I called Home Affairs yesterday and they said that my wife, coming from a 500 student visa to a 485, will potentially get her work conditions removed.She made it sound like that was fairly standard procedure. She then said that there's a decent chance that I, as her spouse, will get a visa with the same full rights to work. She seemed quite positive that we might be able to work but said there's no guarantee.

From what you're saying, they will not be using any discretion to make a decision—only looking at the previous visa of each individual and transferring those condition/rights. Have you ever heard of students getting bridging visas with work rights? And the spouse being put on the same rights as their partner?

Also, do you have any idea if having a small inheritance kept in a savings account will make me ineligible for claiming financial hardship, or they won't count that?

 

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Update: We had our bridging visa A approved. That will kick in once my visitor visa expires on May 27. I cannot work until then, but Home Affairs have confirmed there are no work restrictions once my BVA kicks in. So, that confirms that it is not necessarily true that one inherits the same conditions from the previous visa.

A tip for anyone reading this in my position: time your visas right. If I had applied for my tourist visa 2.5 months before I arrived I'd only have to wait a few weeks before being able to work. Lesson learned!

 

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24 minutes ago, TooEasy said:

Update: We had our bridging visa A approved. That will kick in once my visitor visa expires on May 27. I cannot work until then, but Home Affairs have confirmed there are no work restrictions once my BVA kicks in. So, that confirms that it is not necessarily true that one inherits the same conditions from the previous visa.

A tip for anyone reading this in my position: time your visas right. If I had applied for my tourist visa 2.5 months before I arrived I'd only have to wait a few weeks before being able to work. Lesson learned!

The assumption that the bridging visa will automatically have the same conditions as the previous visa held is incorrect.

Conditions applicable to bridging visas depend on many factors, including what visa you hold, when you apply, your visa history and what visa you are applying for.

There are some types of visas specifically mentioned in the Bridging Visa Regulations, which have specific requirements in regards to conditions, including work rights.

The Class VC (485), is specifically mentioned as only receiving the health cover condition, if certain requirements are met at time of lodgement.

There are multiple variations detailing applicable conditions contained in the bridging visa Regulations.  In some cases,  very specific details are required to determine what conditions will apply, as it is not always straight forward.

 


Raul T Senise

Registered Migration Agent

MARN 0636699

www.ozimmigration.com

"If you think it's expensive to hire a professional to do the job, wait until you hire an amateur."

 

 

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6 minutes ago, Raul Senise said:

The assumption that the bridging visa will automatically have the same conditions as the previous visa held is incorrect.

Conditions applicable to bridging visas depend on many factors, including what visa you hold, when you apply, your visa history and what visa you are applying for.

There are some types of visas specifically mentioned in the Bridging Visa Regulations, which have specific requirements in regards to conditions, including work rights.

The Class VC (485), is specifically mentioned as only receiving the health cover condition, if certain requirements are met at time of lodgement.

There are multiple variations detailing applicable conditions contained in the bridging visa Regulations.  In some cases,  very specific details are required to determine what conditions will apply, as it is not always straight forward.

 

Thank you, Raul. Well informed and lucid as always. It's a complicated world but, with guidance like yours, it helps navigate that world immeasurably. 

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36 minutes ago, TooEasy said:

Thank you, Raul. Well informed and lucid as always. It's a complicated world but, with guidance like yours, it helps navigate that world immeasurably. 

Your comment is most appreciated, it nice to know that some appreciate and understand that it is not always possible to give a simple answer to a complicated question.

 

  • Like 1

Raul T Senise

Registered Migration Agent

MARN 0636699

www.ozimmigration.com

"If you think it's expensive to hire a professional to do the job, wait until you hire an amateur."

 

 

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