# Working Holiday to De Facto visa



## HannahLiam (May 24, 2009)

Hi all

I am currently on a Working Holiday Visa while I am getting together my paperwork for my De Facto application.

My WH Visa doesn't expire until October, but I am planning to apply for the De Facto Visa shortly. I am a teacher, and would like to stay working at the school I'm currently employed at. However, under the conditions of my WH Visa I'm only allowed to work at one school for six months. At the end of June, four months of that period will have passed.

My question is, if I apply for my De Facto Visa, do I automatically go onto a bridging visa, thus entitling me to continue working at the school? Or, do I remain on my WH Visa until it expires in October - which means I will have to give up my job at the school.

I spoke to the Dept of Immigration today, who advised me that I would remain on my WH Visa until it expires, even if I submit my De Facto application before October.

Any help would be appreciated!

Thanks,


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## Wanderer (Jun 16, 2007)

HannahLiam said:


> Hi all
> 
> I am currently on a Working Holiday Visa while I am getting together my paperwork for my De Facto application.
> 
> ...


Yes, while you have a visa you stay on that one until such time as you have another substantial visa granted and the bridging visa only applies when one visa you're on ceases and you are still waiting on a further visa to be granted.
The bridging visas also only give you the rights of the first visa you were holding.

*Re your defacto application*, you do know do you that unless you have a relationship registered [ possible in at least ACT, Vic. & Tassie, and soon to be NSW - http://www.bdm.nsw.gov.au/PDF forms/Relationships1.pdf ] you need to be in a relationship for 12 months, the registration waiving that but still the relationship evidence required as stipulated in the *eligibility section, applying for this visa section Checklist and Booklet #1*


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## HannahLiam (May 24, 2009)

Wanderer said:


> Yes, while you have a visa you stay on that one until such time as you have another substantial visa granted and the bridging visa only applies when one visa you're on ceases and you are still waiting on a further visa to be granted.
> The bridging visas also only give you the rights of the first visa you were holding.
> 
> *Re your defacto application*, you do know do you that unless you have a relationship registered [ possible in at least ACT, Vic. & Tassie, and soon to be NSW - http://www.bdm.nsw.gov.au/PDF forms/Relationships1.pdf ] you need to be in a relationship for 12 months, the registration waiving that but still the relationship evidence required as stipulated in the *eligibility section, applying for this visa section Checklist and Booklet #1*


Thank you Wanderer!

We've been in living together and in a relationship overseas for three years already but we just need to collect joint documentation- ie. shared bank accounts, shared insurance, both on the lease etc. We lived together overseas but unfortunately, were not on a lease (parents' house!), bills (parents' names!) and modern kids as we were- had our own bank accounts, cars etc. So we just need to collect "official documentation" for the visa.

Your advice pertaining to the bridging visa makes sense in light of what immigration had already told me. I will have worked for the school for four months by the end of June. Are there any special cases where the school can request that I be allowed to continue working for them? I know I will find work elsewhere but my concern is for the kids! They're just Preps and they've had two teachers already this year- very unsettling for your first year at school! 
Also, how long do De Facto permits generally take to go through? If I applied for it at the end of June or in July- would it go through in time for me to keep working there? 
Ah, immigration- bane of my existence! 
Thank you so much for your help!


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## 6436 (Feb 23, 2010)

HannahLiam said:


> Thank you Wanderer!
> Your advice pertaining to the bridging visa makes sense in light of what immigration had already told me. I will have worked for the school for four months by the end of June. Are there any special cases where the school can request that I be allowed to continue working for them? I know I will find work elsewhere but my concern is for the kids! They're just Preps and they've had two teachers already this year- very unsettling for your first year at school!
> Also, how long do De Facto permits generally take to go through? If I applied for it at the end of June or in July- would it go through in time for me to keep working there?
> Ah, immigration- bane of my existence!
> Thank you so much for your help!


If the school likes you and wants to keep you there, you might be able to apply for a temporary business visa, especially if the school will sponsor you. Subclass 457 might be useful for this.

As for the length of time for the paperwork to go through - the Client Service Charter is helpful for that.


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## Wanderer (Jun 16, 2007)

HannahLiam said:


> Thank you Wanderer!
> 
> We've been in living together and in a relationship overseas for three years already but we just need to collect joint documentation- ie. shared bank accounts, shared insurance, both on the lease etc. We lived together overseas but unfortunately, were not on a lease (parents' house!), bills (parents' names!) and modern kids as we were- had our own bank accounts, cars etc. So we just need to collect "official documentation" for the visa.
> 
> ...


If you have existing or older separate bank accounts do check what you can extract from both re joint expoenses and also hit up the folks for a statement re your living together and any funds that you contributed, ie., a separate defacto lease style statement as against a statement of their knowledge of your relationship but the two dovetailing.
Also having a look at elkittens sticky thread may help.

There used to be a provision for employers to seek extension of employment time when the WHV limit was three months but I think that was pretty much dropped when it was increased to six months, the WHV to be some holiday and working really supposedly just to support that.
There's always a huge variance in processing times of family visas and right now many are being held until July01 seeing as years budgeted number has been reached or is close to being reached.
That being so, you could get caught up somewhat in the NY log jam.

And yes, as Silviar mentions you could approach the school and see about whether they are eligible and agreeable to sponsoring.
They may be against a longer term commitment but shorter terms can be sponsored and if you explain how you are just going to be using it as an interim to getting a partner visa, they may come to the party for the sake of the kids.

Nip any do gooders about appealing to the minister etc. in the bud for it don't work that way, won't and most Aussies have bugger all understanding of Immi processes.

Good Luck.


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## lukeactor (Nov 23, 2010)

hello guys ...i really would love an advise bout my situation...i ve been with my australian girlfriend for almost one year...we met in greece..then .she came to london for visit me and meet my family..... 4 months later with a turist visa i came to australia and lived with her for all the 3 months ....then i had to go back to europe...but in january i will go back to Oz WITH A WORKING HOLIDAY VISA and we will live together again as i read that we have to prove that we re living together for more then 6 months ...now my question is ....after how long should i apply for the de facto visa ?? and can i add our first 3 months of living together with my turist visa..to prove that we were already living together..?? thanks guys ...all the best .!


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## Hannabelle25 (Mar 30, 2010)

Hey HannahLiam,

I'm also a teacher who came here on WHV and applied for Spouse Visa in April in Sydney. I submitted a letter from my school with my application stating that they wished to continue to employ and requesting that the six month limit be waived. I was fortunate that when my WHV expired and Bridging visa kicked in I had been at the school less than six months and then gained the further six months. I haven't gone over the second 6 months yet so am yet to find out what will happen, certainly don't want to leave the school I'm at but am hoping either visa will be granted before then or they will waive the 6 month limit seeing as I supplied them with evidence that my school want to keep me on. 

Will let you know in January!

Hannabelle


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## Wanderer (Jun 16, 2007)

lukeactor said:


> hello guys ...i really would love an advise bout my situation...i ve been with my australian girlfriend for almost one year...we met in greece..then .she came to london for visit me and meet my family..... 4 months later with a turist visa i came to australia and lived with her for all the 3 months ....then i had to go back to europe...but in january i will go back to Oz WITH A WORKING HOLIDAY VISA and we will live together again as i read that we have to prove that we re living together for more then 6 months ...now my question is ....after how long should i apply for the de facto visa ?? and can i add our first 3 months of living together with my turist visa..to prove that we were already living together..?? thanks guys ...all the best .!


Read the *12 months relationship *requirements you will find in the visa eligibility section and you will find all sections informative.
Family - Visas & Immigration
The earlier three months will not count and you ought to consider doing three months regional seasonal work early on in the WHV so you can apply for a second WHV and get yourself over the 12 months line.


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## Munster (Dec 17, 2010)

Hi all,

Im on the WHV and about to apply to the Partner (820 Visa) in Jan 2011.

I have some quick questions:
What is the current processing time of the Partner Visa? (I have heard of anywhere between 4 to 12 months)
I tried to book my medical today but medibank said that the rules have changed in the last month. You now can only do a medical when requested by the C.O. they did give me a reference though. 
Does this mean you cannot submit your application ready for approval?
Does my partner (who is an aussie) have to do a police check for the uk (we lived there for more than 12 months, I have mine but she didnt get one, our thinking is she is an aussie and didnt need it)
Finally, I am about to get offered a job which is perm, but the WH visa states you can only work for one employer for 6months. However, if you have applied for the partner (820 visa) you can request to work longer than the 6 months. Is this what you did Hannabelle?? Is it easy?

Below is an extract from the immi website:

Extending the work limitation
Requests to extend the employment period beyond six months are only granted in exceptional circumstances. An extension may be allowed for a very short period of time (less than one month) and only if there is very strong justification to grant it.

Exceptional circumstances must be extraordinary and unforeseeable, and relate to an Australian permanent resident, citizen or business.

Exceptional circumstances might include:

•Remaining in your current job for a very short time (less than one month) as you are critical to the completion of a specialised project that has unexpectedly gone over time. This generally only relates to highly skilled activities. 
Example: A lawyer in the middle of a trial.
•Remaining in your current job while a decision is being made on an application for a visa which would allow you to continue full time work with your employer without leaving Australia.
*Example: Subclass 457 - Temporary Business (Long Stay) visa, Subclass 820 - Spouse visa.*Note: If you intend to apply for a work extension on the basis of such a visa application, you must lodge the visa application before submitting the work extension request. Please direct your request to the Immigration office that is processing your visa application.
Exceptional circumstances do not include remaining in your current job because you:

•have the required skills or because of labour shortages
•are required to complete a project in a job that is not highly skilled
Example: retail or administration
•intend to apply for another visa that permits you to work but have not yet lodged the application with the department
•are not able to apply for another kind of visa. 
Submit your completed form 'Request permission to work with an employer beyond six months on a Working Holiday or Work and Holiday visa' to the department, at least two weeks before the expiry of the six month employment limitation.
See: Request Permission to Work with an Employer Beyond Six Months on a Working Holiday or Work and Holiday Visa (101KB Word file)

Note: You may be required to provide a letter of support from your employer.

Visa holders who work for more than six months with an employer without prior written permission from the department are in breach of their visa condition and their visa may be cancelled.


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## Wanderer (Jun 16, 2007)

Processing times for many visas have blown out in recent times, just a factor of demand Vs supply and various staffing conditions mentioned numerous times in other threads.
Not having people do medicals up front is just a way of saving them from having to do a repeat as they could become invalid.
Aussies do not need a police check but still need to submit a sponsorship application.

Hannah got a bridging visa and a bridging visa normally means that you can continue with the conditions as on the previous visa, hence the ability to work another six months.


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## Freya (Dec 21, 2010)

I just read this - when did the medical thing change?! I had my medical on Nov 1st, and sent all my paperwork off to the dept last Friday (Dec 17th), including the results from my medical. Will I have to go through all that again? And pay another $550 for the medical stuff?


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## Wanderer (Jun 16, 2007)

I'd not worry about it Freya for Munster has posted about the process just having been changed and that you have done yours would indicate it was not affected by any change.
People only need to do repeats on a time basis when there is a delay in visa processing for whatever reason and the medical examination validity expires though there is some extension discretion.


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