Bridging from WHV to 835 Remaining Relative

[MikeW1990]

Hi There

I am currently in the process of trying to get to my immediate family in NSW. I am 30 and my parents and siblings are Permanent Residents. My parents have said that they would of course sponsor me for this visa from my Working Holiday Visa.

My only real query is whether I would have working rights on the bridging visa I am granted which I think would be BVA as they are both substantive visa's. 

As WHV and 835 both have working rights, would the BVA hold the same? I know it is potentially a long time to achieve 835 and you are restricted on leaving the country, however as my family are all there and there is so much to see in Aus alone, that would not bother me.

Thank you in advance for any advice

[Quoll]

You’d be better getting the skills to allow you to get a permanent visa in your own right. I can’t think that living on a bridging visa until you retire is going to offer you a good basis for trying to work in Australia, especially if you are restricted by the WHV conditions.  Check your skills, get your experience then apply for PR. It’ll take you longer, for sure, but short term pain, long term gain. 

[MikeW1990]

I am a plasterer so thats another option but would rather apply on shore as am on my own if in the UK. Was more concerned at being able to work on a Bridging Visa in the mean time.

Thank you for the input though, appreciate the response

Edited May 18, 2020 by MikeW1990

[Marisawright]

1 hour ago, MikeW1990 said:

I am a plasterer so thats another option but would rather apply on shore as am on my own if in the UK. Was more concerned at being able to work on a Bridging Visa in the mean time.

Thank you for the input though, appreciate the response

As Quoll says, you'll be on that bridging visa till you retire, so make sure you undestand the limitations of being in that situation.  It's not easy.  Legally you are not a resident of Australia, even though you are residing in Australia.  

I hope you are talking to a migration agent, but be aware that a migration agent's job is to find ways for you to get to Australia.  It's not their job to point out the practical pitfalls so do your research.

[MikeW1990]

Just now, Marisawright said:

As Quoll says, you'll be on that bridging visa till you retire, so make sure you undestand the limitations of being in that situation.  It's not easy.  Legally you are not a resident of Australia, even though you are residing in Australia.  

I hope you are talking to a migration agent, but be aware that a migration agent's job is to find ways for you to get to Australia.  It's not their job to point out the practical pitfalls so do your research.

Thank you

I understand. I am just in a position at 30 that after this year I can not get a WHV. Therefore my only way in would be via student or skilled. No guarantee with skilled route and student is out of my price range.

I am taking advice though. It is just horrendous with no family. They all moved 4 years ago and tbh it has affected my whole life. One of 4 siblings and a close family, I wasnt able to go on visa due to being non-dependant. As long as I can work there, be it on bridging or via skilled route when onshore then obviously would need to weigh up the limitations etc from there.

The key really is whether Bridging would allow me to work

[VERYSTORMY]

5 hours ago, MikeW1990 said:

Thank you

I understand. I am just in a position at 30 that after this year I can not get a WHV. Therefore my only way in would be via student or skilled. No guarantee with skilled route and student is out of my price range.

I am taking advice though. It is just horrendous with no family. They all moved 4 years ago and tbh it has affected my whole life. One of 4 siblings and a close family, I wasnt able to go on visa due to being non-dependant. As long as I can work there, be it on bridging or via skilled route when onshore then obviously would need to weigh up the limitations etc from there.

The key really is whether Bridging would allow me to work

You can apply for work rights if you can show hardship. However, be aware that employers don’t particularly like employing people on a bridging visa. 
 

This visa has a processing time of 50 years. During which time, you would have only access to limited health care under the reciprocal arrangement. You would have no access to state benefits. And, as the Australian government has done previously, I wouldn’t be surprised if it is abolished in the future. This would mean potentially having to suddenly leave Australia. 
 

At the moment, it is moot anyway as Australia is not processing temporary offshore visas and not allowing entry to anyone that isn’t a permanent resident or citizen. 
 

You would be far better looking at the skilled route. 

[MikeW1990]

4 hours ago, VERYSTORMY said:

You can apply for work rights if you can show hardship. However, be aware that employers don’t particularly like employing people on a bridging visa. 
 

This visa has a processing time of 50 years. During which time, you would have only access to limited health care under the reciprocal arrangement. You would have no access to state benefits. And, as the Australian government has done previously, I wouldn’t be surprised if it is abolished in the future. This would mean potentially having to suddenly leave Australia. 
 

At the moment, it is moot anyway as Australia is not processing temporary offshore visas and not allowing entry to anyone that isn’t a permanent resident or citizen. 
 

You would be far better looking at the skilled route. 

Thank you

Looking at that to. It may be that I process that onshore though so as to get there sooner. 

[Quoll]

Just now, MikeW1990 said:

Thank you

Looking at that to. It may be that I process that onshore though so as to get there sooner. 

Only permanent residents getting in at the moment and no idea when that will change.  If you are eligible for a skilled visa put it in offshore now and be done with it.  Otherwise, are you proposing to lie to Immigration about your intentions and say you are going to be a tourist when you have no intention of leaving?  That can be a bit risky (think turned around at the airport and banned from reentry for 3 years).  You may want to get to Australia quickly but sometimes you just have to be pragmatic and Australia's not going anywhere.

[MikeW1990]

4 minutes ago, Quoll said:

Only permanent residents getting in at the moment and no idea when that will change.  If you are eligible for a skilled visa put it in offshore now and be done with it.  Otherwise, are you proposing to lie to Immigration about your intentions and say you are going to be a tourist when you have no intention of leaving?  That can be a bit risky (think turned around at the airport and banned from reentry for 3 years).  You may want to get to Australia quickly but sometimes you just have to be pragmatic and Australia's not going anywhere.

Thank you. I am in process of sorting skills assessment documentation etc but dependant on points and potential waits the method muted might be a way for me to get there sooner. I am liasing with an agent and am also able to enter australia via an exemption as I am immediate family and have no other close family outside of Australia, although it wouldnt be an immediate move as have things to settle up in UK first

[paulhand]

11 hours ago, MikeW1990 said:

I am liasing with an agent and am also able to enter australia via an exemption as I am immediate family and have no other close family outside of Australia

Under current restrictions:

”You are only considered to be an immediate family member if you are:

a spouse

a de facto partner

a dependent child/ren

a legal guardian.”

[Tulip1]

12 hours ago, MikeW1990 said:

Thank you. I am in process of sorting skills assessment documentation etc but dependant on points and potential waits the method muted might be a way for me to get there sooner. I am liasing with an agent and am also able to enter australia via an exemption as I am immediate family and have no other close family outside of Australia, although it wouldnt be an immediate move as have things to settle up in UK first

If your agent is saying you have lots of options and can get an exemption then I think you need to consider a new agent! Paul, who has commented on here,  is a well regarded agent, you may wish to get a second opinion.  

[MikeW1990]

1 hour ago, Tulip1 said:

If your agent is saying you have lots of options and can get an exemption then I think you need to consider a new agent! Paul, who has commented on here,  is a well regarded agent, you may wish to get a second opinion.  

Only considering options at this point. Im aware of what Paul has said to and appreciate his direction also. There is a separate section on which you can apply for an exemption, however, I am also under no illusions that not all are succesful. As I have said I am not necessarily looking to go immediately, just looking at all avenues. Thank you again for your input

Edited May 19, 2020 by MikeW1990

[ali]

12 hours ago, MikeW1990 said:

Only considering options at this point. Im aware of what Paul has said to and appreciate his direction also. There is a separate section on which you can apply for an exemption, however, I am also under no illusions that not all are succesful. As I have said I am not necessarily looking to go immediately, just looking at all avenues. Thank you again for your input

I know you said in your opening post that it didn't bother you that you couldn't go out of the country - but you're 30 - you'll want to travel, what if you have mates and there's a trip to Bali or to the Singapore grand prix, or you find a partner and have children and want to go on holiday overseas?  It's a massive thing to give away your freedom whilst you wait for a visa.

[MikeW1990]

15 minutes ago, ali said:

I know you said in your opening post that it didn't bother you that you couldn't go out of the country - but you're 30 - you'll want to travel, what if you have mates and there's a trip to Bali or to the Singapore grand prix, or you find a partner and have children and want to go on holiday overseas?  It's a massive thing to give away your freedom whilst you wait for a visa.

My first priority is to get to my family. Its been 4 years without them and mentally is destroying. If I were to meet someone and have kids and settle down then obviously under those circumstances there are alternative visa's which could be considered at that time. Thank you for your opinion though

[Nemesis]

1 hour ago, MikeW1990 said:

My first priority is to get to my family. Its been 4 years without them and mentally is destroying. If I were to meet someone and have kids and settle down then obviously under those circumstances there are alternative visa's which could be considered at that time. Thank you for your opinion though

I don't mean to be harsh, but honestly......

You are 30 years old. Until the current crisis you could visit your family regularly and they could visit you By the time I was 30 I had been independent from my family for 15 years, and although at present I would love to be back on the other side of the world with them all I am old enough and ugly enough to accept that I'm an independent adult and have to go my own way in life.

Mentally destroying is a 15 year old who stayed home to finish school and now cannot rejoin their family in Oz because the government will not grant an exemption.

Mentally destroying is a woman about to give birth this month but her husband cannot get an exemption from the Oz govt to join her in the UK.

https://www.abc.net.au/news/2020-05-17/coronavirus-skilled-migrants-travel-bans-australia-covid-19/12253434

Mentally destroying is not an adult 30 year old who fancies emigrating to be with their extended family.If your family is all that close-knit why did they emigrate without you?

[MikeW1990]

1 hour ago, Nemesis said:

I don't mean to be harsh, but honestly......

You are 30 years old. Until the current crisis you could visit your family regularly and they could visit you By the time I was 30 I had been independent from my family for 15 years, and although at present I would love to be back on the other side of the world with them all I am old enough and ugly enough to accept that I'm an independent adult and have to go my own way in life.

Mentally destroying is a 15 year old who stayed home to finish school and now cannot rejoin their family in Oz because the government will not grant an exemption.

Mentally destroying is a woman about to give birth this month but her husband cannot get an exemption from the Oz govt to join her in the UK.

https://www.abc.net.au/news/2020-05-17/coronavirus-skilled-migrants-travel-bans-australia-covid-19/12253434

Mentally destroying is not an adult 30 year old who fancies emigrating to be with their extended family.If your family is all that close-knit why did they emigrate without you?

With respect everyone is different and Mental Health affects people differently.

You have no idea of my personal circumstances or indeed events which have occured in my life which have led me to the point I am at or indeed the circumstances with my family.

Everyone else whether agreeing or disagreeing with my query have been constructive.

Worst thing you can do for someone who is dealing with demons and struggles is to basically say grow up, pull yourself together.

It is not extended family, it is parents, 2 brothers and a sister.

I have also said it is not something I am looking at necessarily immediately just considering how I can achieve my goal.

Edited May 20, 2020 by MikeW1990

[Nemesis]

7 hours ago, MikeW1990 said:

With respect everyone is different and Mental Health affects people differently.

You have no idea of my personal circumstances or indeed events which have occured in my life which have led me to the point I am at or indeed the circumstances with my family.

Everyone else whether agreeing or disagreeing with my query have been constructive.

Worst thing you can do for someone who is dealing with demons and struggles is to basically say grow up, pull yourself together.

It is not extended family, it is parents, 2 brothers and a sister.

I have also said it is not something I am looking at necessarily immediately just considering how I can achieve my goal.

Having a long history of various serious mental health issues in my family I am well aware of the difficulties they can cause. Having also been treated for severe depression which was certainly triggered by immigration issues, I just want you to be aware that when a family is split like this over two countries you really need to prepare yourself for the fact that you may never be able to do more than visit. 

I've spent a long time listening to people on various forums telling others that things will be fine and you will all live happily ever after in the same country. Sometimes though a balance is needed. Sometimes those visas are not granted, sometimes the visa classes are abolished just before grant. Sometimes a pandemic happens and people who have waited years for a visa find it evaporates into smoke along with their promised job offer. I've seen people's lives, marriages, families broken by having unrealistic expectations and by not realising that there could be a refusal round the corner 

I just want you to be aware that while I really hope you do get what you want in the end, there are no guarantees. I do genuinely wish you luck, but be careful. 

[MikeW1990]

8 minutes ago, Nemesis said:

Having a long history of various serious mental health issues in my family I am well aware of the difficulties they can cause. Having also been treated for severe depression which was certainly triggered by immigration issues, I just want you to be aware that when a family is split like this over two countries you really need to prepare yourself for the fact that you may never be able to do more than visit. 

I've spent a long time listening to people on various forums telling others that things will be fine and you will all live happily ever after in the same country. Sometimes though a balance is needed. Sometimes those visas are not granted, sometimes the visa classes are abolished just before grant. Sometimes a pandemic happens and people who have waited years for a visa find it evaporates into smoke along with their promised job offer. I've seen people's lives, marriages, families broken by having unrealistic expectations and by not realising that there could be a refusal round the corner 

I just want you to be aware that while I really hope you do get what you want in the end, there are no guarantees. I do genuinely wish you luck, but be careful. 

I appreciate that.

I am a Plasterer and only 30 so I am aware that I have a shot at 190 or 491 and am collating the information for that assessment.

My query was really in relation to getting onahore as come January I am not eligible for WHV anymore and thus that is one less option. I was really querying whether other people have used such methods to get onshore and sort it from there.

I know there is no quick fix and there may be a bit of bouncing around of visas etc.

Edited May 20, 2020 by MikeW1990

[Marisawright]

50 minutes ago, MikeW1990 said:

My query was really in relation to getting onahore as come January I am not eligible for WHV anymore and thus that is one less option. I was really querying whether other people have used such methods to get onshore and sort it from there.

I know there is no quick fix and there may be a bit of bouncing around of visas etc.

You're walking a fine line.  It's perfectly legal to arrive in Australia on a temporary visa, and then apply for a permanent visa once you're here.   But it is illegal to arrive in Australia on a temporary visa with the intention of never going home again.  If the Immigration Officer of the day thinks you're an overstay risk, he can deport you and give you a three year ban.

It would be much, much more sensible for you to hire a good agent and concentrate on getting your 491 application in as fast as possible, so the process can begin.  In the meantime, once the borders open, you can come for an extended visit.

Edited May 20, 2020 by Marisawright

[MikeW1990]

10 hours ago, Marisawright said:

You're walking a fine line.  It's perfectly legal to arrive in Australia on a temporary visa, and then apply for a permanent visa once you're here.   But it is illegal to arrive in Australia on a temporary visa with the intention of never going home again.  If the Immigration Officer of the day thinks you're an overstay risk, he can deport you and give you a three year ban.

It would be much, much more sensible for you to hire a good agent and concentrate on getting your 491 application in as fast as possible, so the process can begin.  In the meantime, once the borders open, you can come for an extended visit.

Thank you. Thats what I am really querying

I appreciate your response