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Steel_Panther

Question about 820 bridging visa

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Hi all,

I'll be applying for 820/801 visa for my wife next month when she is in Australia and we are married (I'm Australian).  My understand is that she gets a bridging visa while the 820 is being processed and I have a few questions about this

 

1. Is she eligible to get  a medicare card card one she is on the bridging visa? 

2. I understand she has full work rights with a bridging visa. Is that correct

3. What if she wants to leave Australia for a few months and then come back? How does this affect the bridging visa?

4. I also understand that she needs to be in Australia when the 820 is approved. How does that work if she wants to leave Australia for a few months

 

Thanks in advance. 

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FYI she will be coming to Australia with a 3 months single entry tourist visa (the only restrictions on the visa are no work, and max 3 month stay)

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First,mthe bridging visa will only commence once the tourist visa expires. 

While we have had members use this strategy, it is risky as if homeaffairs realise what is happening, she chances being refused entry.  A prospective marriage visa would have been a better option.

Yes, will have work rights.

The ability to leave the country will depend on which class of bridging visa is issued. Though she can apply to change it.

Yes, she must be in Oz for grant. She would need to let the department know her travel plans. 

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3 minutes ago, VERYSTORMY said:

While we have had members use this strategy, it is risky as if homeaffairs realise what is happening, she chances being refused entry.  A prospective marriage visa would have been a better option.

Thanks  for the reply. Which strategy are you referring to?

When she applied for the visit visa, she specified in her application that she was visiting to live with her husband and apply for a partner visa. 

Edited by Steel_Panther

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I was informed by the immigration department (on 131881) that it is fine as long as the tourist visa does not have a restriction to switch visa. Some 600 visas come with a restriction  that you cannot switch to another visa and have to leave the country when the visa ends. 

Edited by Steel_Panther

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I found the condition on the immigration's website. If this condition is on the 600 visa, then you can't apply for another visa to switch your status. Thankfully this condition is not my spouse's visa. 

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It isn't the restrictions, it is the purpose of travel. The department issue a specific visa for these circumstances. She is not a genuine tourist and people have been turned back at the border for this. 

This will sound odd, but you should never take advice from the department.

They are notorious for giving bad advice, but carry a legal immunity for such and a complaint would result in the regulations stating you should only seek advice from a registered migration agent. If I had a $ for every time over the years we have had someone act on the advice of the department, I would be sat on my boat been served cocktails by staff. 

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