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Guest aussie06

Working rights details for bridging

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Guest aussie06

Hello,

I have a sharp question on this.

 

I am a PR holder (with a RRV), we are going to OZ end dec. My partner was granted with a WHV, that has the "classical" work restriction ( 6 months max with the same employer).

She has already found a long term term job, and she plans to lodge her "de facto" demand a few weeks/month after our arrival (once we are sure we want to settle in undefinitly; via a migration agent that we have not yet choosen), so she will be given a bridging visa.

Knowing that the work conditions are the same for the bridging visa as for the visa for which she entered Australia (WHV), she will be able to work.

But" does this 6 months max with the same employer" condition applies to the bridging?

 

Hope I was clear enough ;-)

 

Thanks a lot for your answer

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the bridging visa only kicks in once the WHV expires (one year after she enters the country).

 

As far as I am aware, the six months is reset when the WHV expires and you move onto the bridging visa. So you could work for six months with an employer in the first year, and then another six months in the second year (first year of the bridging visa).

 

However, if you are applying soon after arriving on a WHV, then in all likelyhood, the visa would be granted before the WHV expires, so wouldn't need to worry about bridging visas anyway. The partner visa will replace the WHV once it is granted.

 

However, you can get full medicare immediately after submitting the partner visa application.

 

Incidentally, assuming you've been living together for at least a year, and have all the evidence, you might not need an agent, if it's a relatively clear cut case, it's fairly straightforward to get all the evidence/forms together.

 

edit to add: if she has found a long term job that fits the requirements for sponsorship, you might want to talk to her employer about getting them to sponsor her for a 457 visa, that would trump her WHV restrictions, and allow her to keep working beyond the 6months, just in case the application takes longer than this to be processed. I'm in the process of applying for a 457 myself, as can't apply for the partner visa until Feb, and my employer wants me to keep working continuously (my WHV 6 months will be up end of november).

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Guest aussie06

ok, thanks a lot for you answer RockDr;

she can not ask the employer for a sponsorship as she will be taken a s a contractor not a permie. Maybe this point will make the case better :biggrin: (or maybe even worse :arghh:). anyway it is a long term job but not a long term contract.

We would prefer take an agent even if we can proove more than 10 years of relationship, as we would like the process to be 200% clean with no back and forth and if possible quicker

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Hello,

I have a sharp question on this.

 

I am a PR holder (with a RRV), we are going to OZ end dec. My partner was granted with a WHV, that has the "classical" work restriction ( 6 months max with the same employer).

She has already found a long term term job, and she plans to lodge her "de facto" demand a few weeks/month after our arrival (once we are sure we want to settle in undefinitly; via a migration agent that we have not yet choosen), so she will be given a bridging visa.

Knowing that the work conditions are the same for the bridging visa as for the visa for which she entered Australia (WHV), she will be able to work.

But" does this 6 months max with the same employer" condition applies to the bridging?

 

Hope I was clear enough ;-)

 

Thanks a lot for your answer

 

Hi Aussie06,

 

A bridging visa will have the same conditions as the previous visa held.

 

As you will be applying for a de facto spouse visa, you can request a waiver of the 6 months “work limitation” when you apply for the spouse visa.

 

Kind regards,


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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Hi Aussie06,

 

A bridging visa will have the same conditions as the previous visa held.

 

As you will be applying for a de facto spouse visa, you can request a waiver of the 6 months “work limitation” when you apply for the spouse visa.

 

Kind regards,

Hi Raul,

 

There might be some cases when a bridging visa does not take over the previous substantive visa conditions. My partner was on 676 with no working rights. Then we applied for 886 (my partner was a secondary applicant and also a holder of eligible student visa and finished her school 4 months before we lodged the 886 application and I was a 485 holder). After we applied, my partner still had 676, but a few weeks later 676 expired and her BVA came into effect. Her BVA has no restrictions and she is also eligible to Medicare. So her BVA did not take over the conditions of 676 and this fact was also confirmed by DIAC.

 

Alex


SS NSW received 11/2009, Vetassess skills assessment reassessed 12/2009, 886 (cat 5) application lodged 03/2010, After 14/07/10 cat 3, CO 28/02/2011, VISA GRANT 02/03/2011

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Hi Raul,

 

There might be some cases when a bridging visa does not take over the previous substantive visa conditions. My partner was on 676 with no working rights. Then we applied for 886 (my partner was a secondary applicant and also a holder of eligible student visa and finished her school 4 months before we lodged the 886 application and I was a 485 holder). After we applied, my partner still had 676, but a few weeks later 676 expired and her BVA came into effect. Her BVA has no restrictions and she is also eligible to Medicare. So her BVA did not take over the conditions of 676 and this fact was also confirmed by DIAC.

 

Alex

Hi Alex,

 

 

You are correct in regards to 885 and 886 applications, however in this case, the post was about applying for a spouse visa and your comments are therefore not relevant.

 

 

There are specific Provisions in placed for holders of Working Holiday Visas to apply to have the 6 months work restrictions lifted when applying for a Spouse Visa or a Temporary Working Visa.


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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I am a PR holder (with a RRV), we are going to OZ end dec. My partner was granted with a WHV, that has the "classical" work restriction ( 6 months max with the same employer).

She has already found a long term term job, and she plans to lodge her "de facto" demand a few weeks/month after our arrival (once we are sure we want to settle in undefinitly; via a migration agent that we have not yet choosen), so she will be given a bridging visa.

Knowing that the work conditions are the same for the bridging visa as for the visa for which she entered Australia (WHV), she will be able to work.

But" does this 6 months max with the same employer" condition applies to the bridging?

 

Hope I was clear enough ;-)

 

Not really crystal clear as you've raised several issues in one question. :wink:

 

 

  • Make sure that she does indeed qualify for a de facto visa before you lodge that application and not just on a wishful reading of the requirements for one (I see this problem all the time when prospective clients contact me after they have had a rejection following their self-lodged application).

  • If she lodges a valid de facto application which is likely to be approved then she will be able to apply for an extension of the six months.

  • She may well get her on-shore application approved before the 6 months period expires anyway if you lodge quickly enough. If not then make sure there is at least a couple of weeks left in the six months before she applies for an extension.

  • Get professional assistance for the extension if she has to apply for one as, if for any reason there is a cock-up, a refusal can prejudice a second application.

  • She will not get a bridging visa after she has lodged the de facto application. The BV will only kick in after the WHV has expired IF there has been no decision on her de facto application before then.

  • If she does progress on to a BV from a WHV then the six month clock re-sets.

 


Les Mighalls BDS LLB(Hons) LDS FACLM, MARA Reg. No. 0639714

Migration Assistance Australia

www.migrationassistance.com.au

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