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Meg7

Applying for a spouse visa from a WHV and my working rights.

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Hello all, can you please help me out. 

I am currently in Australia on the WHV. Fairly soon me and my partner want to apply for the spouse visa. Having done lots of research I’m still a little lost and need some help clearing things up. 

When I apply for the 801 temporary visa (spouse visa) after my working visa ends in December will I go onto the 801 or a bridging visa? 

Also after my WHV ends In December and the application has been sent for the spouse visa. What will be my working rights? Will I be able to apply for full time work under the spouse visa? 

And in that time while I am waiting am I able to leave Australia? 

If you have any information please help me out 

cheers :) 

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Ok. Check this out but from what agents have posted recently. 

You must apply for the partner visa BEFORE your WHV runs out sooner the better. Only then will you be able to remain in Australia whilst it is being processed. You will be granted a bridging visa only IF you apply before your current visa expires  

The bridging visa only activates Once your WHV expires and will give you unrestricted working rights until a decision is made on your partner visa application. 

As for being able to leave Australia then it will depend which bridging visa you get. Check the conditions carefully. If it doesn’t permit overseas travel you need to apply for a different bridging visa to allow you to travel if necessary. 

Edited by rammygirl

So many wineries ......so little time :yes:

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1 hour ago, Meg7 said:

Hello all, can you please help me out. 

I am currently in Australia on the WHV. Fairly soon me and my partner want to apply for the spouse visa. Having done lots of research I’m still a little lost and need some help clearing things up. 

When I apply for the 801 temporary visa (spouse visa) after my working visa ends in December will I go onto the 801 or a bridging visa? 

Also after my WHV ends In December and the application has been sent for the spouse visa. What will be my working rights? Will I be able to apply for full time work under the spouse visa? 

And in that time while I am waiting am I able to leave Australia? 

If you have any information please help me out 

cheers 🙂

You don’t mention how long you have been together? Theoretically it’s supposed to be in a proper 12 month de facto relationship, eg lihving together sharing bills as a couple etc.When my daughter applied, successfully, from WHV before it expired, she was living in NSW and they also registered as a de facto couple with the government before they applied. Don’t know if that helped? 

I echo the advice from Rammygirl

Edited by ramot

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What Rammygirl said.  If you wait until after your WHV expires, you'll be in the country illegally - so get your application submitted in good time.


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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Hi everyone 

thanks for all you advice. 

So me and my partner have been together 2 years. I came on the WHV as it was the quickest way for me to come over, so I’m not worried about the evidence and all that. 

I came to Australia in December and my visa run out then for the WHV. We plan on applying for the spouse in June/July just the last bit we are saving for. I think that gives me enough time to summit and be processed. 

Can I just clarify, at the moment the WHV only allows me to work up to 6mouths in one place. When I apply for the spouse visa and the WHV ends. Will I have the work rights to work over a 6mouth period and full time rights. 

Thank you all for your help, it’s been a great help 🙂 

 

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4 hours ago, Meg7 said:

Hi everyone 

thanks for all you advice. 

So me and my partner have been together 2 years. I came on the WHV as it was the quickest way for me to come over, so I’m not worried about the evidence and all that. 

I came to Australia in December and my visa run out then for the WHV. We plan on applying for the spouse in June/July just the last bit we are saving for. I think that gives me enough time to summit and be processed. 

Can I just clarify, at the moment the WHV only allows me to work up to 6mouths in one place. When I apply for the spouse visa and the WHV ends. Will I have the work rights to work over a 6mouth period and full time rights. 

Thank you all for your help, it’s been a great help 🙂 

 

Processing time for the 801 is between 18 - 24 months according to Home affairs website.


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

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On 24/03/2019 at 10:57, rammygirl said:

Ok. Check this out but from what agents have posted recently. 

You must apply for the partner visa BEFORE your WHV runs out sooner the better. Only then will you be able to remain in Australia whilst it is being processed. You will be granted a bridging visa only IF you apply before your current visa expires  

The bridging visa only activates Once your WHV expires and will give you unrestricted working rights until a decision is made on your partner visa application. 

As for being able to leave Australia then it will depend which bridging visa you get. Check the conditions carefully. If it doesn’t permit overseas travel you need to apply for a different bridging visa to allow you to travel if necessary. 

Hey! 

Do you know if you can work longer then 6months on a bridging visa A. 

On the working holiday visa at the moment, applying for the spouse visa very soon but just need help knowing if I can work longer then 6months or not on the BVA

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As far as I know yes, that is what unrestricted working rights means. 


So many wineries ......so little time :yes:

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Bridging visas for onshore partner applications have nil conditions, so you can work for the same employer longer than 6 months.

  • Thanks 1

____________________________________________________________________

Paul Hand

Registered Migration Agent, MARN 1801974

SunCoast Migration Ltd

All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation. 

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Recognise also that given the timeline you are planning you can expect to be required to secure approval of the sponsor of your partner visa application before the visa application can be submitted.

In other words the approval of the sponsor will be a pre-requisite of lodging the visa application, and it is only upon lodging the latter that a Bridging Visa will be granted.

=>  Don't leave starting the application process too late.   Ideally prepare and lodge the sponsor documentation and visa application ASAP, while the two can be submitted together.

Best regards.

Edited by Alan Collett

Managing Director, Go Matilda Visas - www.gomatilda.com

Registered Migration Agent Number 0102534; Registered Tax Agent (Australia)

Chartered Accountant (UK, and Australia)

T - 023 81 66 11 55 (UK) or 03 9935 2929 (Australia)

E - alan.collett@gomatilda.com

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