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Do we get to choose what Bridging Visa we go on?


TJ-LJ

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Hello,

Unfortunately I am not familiar will all the terms used for Visa's, so just bare with me.

My partner is from England and he has been working in Australia for a year and a half. He is currently on his second Working Holiday Visa, and we are in the process of obtaining all the appropriate documents/evidence to apply for a De-facto Relationship Visa. There are just some things we are not certain of and are struggling to understand it all. 

1: When we apply for the De-Facto Relationship Visa, is my partner allowed to leave Australia during the waiting period? I understand that the Bridging Visa B is the only Visa that allows you to travel while waiting for your Visa to be granted;

2: Do we get to choose to go on the BVB, or is that up to the immigration office? My partner is concerned about this for obvious reasons; he wants to be able to still visit his family during the waiting period.

I have more questions, but just want to try to understand the above two at the moment. Can anyone please provide some insight/advice? I feel like my partner and I are going through this blind and it's worrying!

Thank you. 

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When you submit the application for the de facto visa, he will get a Bridging Visa A.   You don't get to choose. If he then wishes to go overseas to visit his family, he will need to apply for a Bridging Visa B, state exactly how long he needs to go overseas for, and give a specific reason (just feeling like seeing his folks isn't a good reason, going back for a wedding or christening or something is).   Then he'll have to wait until it's granted, and then he has to make sure he's back in Australia within the time they've given him.   

If he then wants to go overseas again later, he'll need to apply for another Bridging Visa B.

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21 hours ago, Marisawright said:

When you submit the application for the de facto visa, he will get a Bridging Visa A.   You don't get to choose. If he then wishes to go overseas to visit his family, he will need to apply for a Bridging Visa B, state exactly how long he needs to go overseas for, and give a specific reason (just feeling like seeing his folks isn't a good reason, going back for a wedding or christening or something is).   Then he'll have to wait until it's granted, and then he has to make sure he's back in Australia within the time they've given him.   

If he then wants to go overseas again later, he'll need to apply for another Bridging Visa B.

That all sounds a bit tough. But I guess if that's the way it goes, we'll continue the process and just hope we can get through it. 

We were also wondering about his working rights. On the De-Facto Visa, is he able to work more than 6 months in a job? That's one condition he has struggled with on both his Working Holiday Visa's - having to leave a job every 6 months is becoming tiring. 

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4 hours ago, TJ-LJ said:

That all sounds a bit tough. But I guess if that's the way it goes, we'll continue the process and just hope we can get through it. 

We were also wondering about his working rights. On the De-Facto Visa, is he able to work more than 6 months in a job? That's one condition he has struggled with on both his Working Holiday Visa's - having to leave a job every 6 months is becoming tiring. 

Bridging visas for onshore partner visas have no work restrictions, so once his WHV ends then all is good in that respect. The BVB situation is also probably not as bad as Marisa says and the department is granting long, multiple entry BVBs to partner visa applicants at the moment. 

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13 hours ago, TJ-LJ said:

That all sounds a bit tough. But I guess if that's the way it goes, we'll continue the process and just hope we can get through it. 

We were also wondering about his working rights. On the De-Facto Visa, is he able to work more than 6 months in a job? That's one condition he has struggled with on both his Working Holiday Visa's - having to leave a job every 6 months is becoming tiring. 

Well, it's not really that tough when you consider what you get.  Your partner gets the right to stay in Australia, with full working rights, without having to go through any checking processes.  For all Immigration knows, he could be faking the relationship so he can extend his stay.  You're both pretty lucky they allow that.  Some other countries would make him go home, apply offshore and wait to be approved.

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On 23/06/2019 at 20:34, TJ-LJ said:

That all sounds a bit tough. But I guess if that's the way it goes, we'll continue the process and just hope we can get through it. 

We were also wondering about his working rights. On the De-Facto Visa, is he able to work more than 6 months in a job? That's one condition he has struggled with on both his Working Holiday Visa's - having to leave a job every 6 months is becoming tiring. 

If he's reaching the end of a 6-month stint at an employer before the bridging visa takes effect, he can complete and submit form 1445 which asks that the 6-month limit be waived.  This is often approved when the person has applied for a PR visa such as a partner visa.

Getting a BVB isn't that difficult as the department has become much more flexible due to the long processing times, so if he says he is going home to visit family or is going on a holiday, that's not generally an issue.

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