# 457 to Defacto/bridging visa with work rights - Please help...



## Kolanut (May 23, 2013)

Hi everyone.

This is my first post so apologies if my etiquette is a bit off.

I'm male from the UK.
I have been working on a 457 for the last 18months but my company is going through some financial difficulty and may not be able to pay me much longer. Plus I want the option to work for anyone/anywhere in AU. 

I qualify for a defacto partner visa with my (Australian) partner and will be applying asap as soon as I've done the paperwork (in about a month). My question starts here really - Once I apply, I'll go on a bridging visa until my defacto status is granted (currently 12-13 months wait I understand). This bridging visa will only allow me to work for my current employer? But what if he can no longer afford to pay me? And I want flexibility to work anywhere, How do I guarantee I get "unrestricted work rights" on my bridging visa? 

I understand I would have to fill out form 1005 and prove "financial hardship" but when does my employer also have to sack me? therefore cancelling my 457 (giving me 28 days to leave)? 

I'm trying to work out the time line, and in what order everything has to happen for minimal "down time" work wise (where I can't earn any money). 

Also how hard is it to achieve "unrestricted work rights" on a bridging visa and how long does it take for form 1005 to be approved?
My employer is on board and will do what he can to help.

How do I make sure I'm not illegal for any period of time also? 
Do they ever put conditions on work rights, like onlyt being able for 20 hrs etc?

I really appreciate any help in this matter.


----------



## Lindaa (Sep 24, 2012)

As of November 2012 the Bridging Visa A comes with unrestricted working rights  The BVA will become effective once your current visa expires.


----------



## Kolanut (May 23, 2013)

Really... Lindaa - You may have just made my day!

So I have to:

1.Get my defacto in asap
2.Get my company to cancel my 457 (28 days)

One Quick Q about defacto: 

Is it imperative to obtain a "Defacto Certificate" from Births Deaths and Marriages? - Thats the main thing delaying me. 

Also is there any reason I would be put on any other bridging visa, than a BVA?

Thank you so much.


----------



## CollegeGirl (Nov 10, 2012)

You don't have to register your relationship, if that's what you're asking, but you willl have to have proof that you've lived together with your partner in a defacto relationship for the last 12 months.


----------



## Lindaa (Sep 24, 2012)

As CollegeGirl says, as long as you can prove that you've lived together for 12 months there's no need to register your relationship 

As long as you hold a substantive visa when applying for your partner visa, I can't see any reasons why you shouldn't get a BVA. I'm no migration agent though.


----------



## Kolanut (May 23, 2013)

Thats understandable.

We can only prove we lived together over 8 months ago for a period of 7 months. We've had a joint bank account for 17months but proof of shared living is sketchy for the last 7 months (because we didn't, but were committed to the exclusion all all others) - Will registering our relationship with BDM make our application much more favourable? 

Understand you are not a migration agent, appreciate any advice,


----------



## Lindaa (Sep 24, 2012)

Kolanut said:


> Thats understandable.
> 
> We can only prove we lived together over 8 months ago for a period of 7 months. We've had a joint bank account for 17months but proof of shared living is sketchy for the last 7 months (because we didn't, but were committed to the exclusion all all others) - Will registering our relationship with BDM make our application much more favourable?
> 
> Understand you are not a migration agent, appreciate any advice,


If you can't prove that you've lived together for 12 months the only way to get a de-facto partner visa is to register your relationship, as this is an absolute condition for getting the visa. You will then have to wait until you actually receive the relationship certificate to hand in the application. If you're in a rush, I would get this done asap. What state do you live in?


----------



## Lindaa (Sep 24, 2012)

(The 12 months living together CAN also be waived if you can prove that there is a very good reason why you did not live together for the past 7 months (I can't remember the exact phrasing), but if I were you I would definitely register it to be on the safe side


----------



## Kolanut (May 23, 2013)

I live in NSW.

I will get that registered as a matter of urgency!

Thank you so so much. 
x


----------



## Lindaa (Sep 24, 2012)

Also - if you are applying onshore, just remember that you "have" to live together when you hand in the application as well (or again, prove that there is a very good reason why not)...


----------



## CollegeGirl (Nov 10, 2012)

I have to say, even with registering your relationship I think you've got a tough row to hoe here. Registering your relationship waives the requirement to demonstrate you've lived together for the last 12 months, but still, they're looking at the last year. So in the last year, you've only lived together for four months. That's very, very little in terms of a defacto visa. Most people who register the relationship to waive the 12 month requirement (at least, from what I've seen here) have lived together for 8+ months out of the last year. I'm not saying it's completely impossible, but I am saying I think you're going to have a serious struggle on your hands and it's still possible you might be rejected. 

Is your reason for not living together over the last several months a really good one? It would need to be. Also, if I were you, I would check with a MARA-registered migration agent (maybe message one of the two that hang out on the forum here -- MarkNortham or Ausstart National) and just see if they think you have a good chance of getting approved or if you'd be better off trying to find another way to stay in Oz.

Also, if you find out from one of them that the four months out of the last year really isn't an issue if you register, by all means, please let us know, because I'd love to be able to be more optimistic about it for folks who have a similar situation to yours.


----------



## DylanW (Jan 26, 2011)

And even though some applications take long to process its all about handing in your application decision ready and cross your fingers and hope that you land up on the right desk...

If its a clear and easy case you could have your visa approved within days of submission. It could however take 12 months also... its all about the luck of the draw.


----------



## Lindaa (Sep 24, 2012)

CollegeGirl said:


> I have to say, even with registering your relationship I think you've got a tough row to hoe here. Registering your relationship waives the requirement to demonstrate you've lived together for the last 12 months, but still, they're looking at the last year. So in the last year, you've only lived together for four months. That's very, very little in terms of a defacto visa. Most people who register the relationship to waive the 12 month requirement (at least, from what I've seen here) have lived together for 8+ months out of the last year. I'm not saying it's completely impossible, but I am saying I think you're going to have a serious struggle on your hands and it's still possible you might be rejected.
> 
> Is your reason for not living together over the last several months a really good one? It would need to be. Also, if I were you, I would check with a MARA-registered migration agent (maybe message one of the two that hang out on the forum here -- MarkNortham or Ausstart National) and just see if they think you have a good chance of getting approved or if you'd be better off trying to find another way to stay in Oz.
> 
> Also, if you find out from one of them that the four months out of the last year really isn't an issue if you register, by all means, please let us know, because I'd love to be able to be more optimistic about it for folks who have a similar situation to yours.


My partner and I had only lived together for 6 months (in the eyes of DIAC) when we applied and I was certain we would have to go through interviews etc. in order to prove that our relationship was genuine - but my visa was approved within 4 months without any request for extra documents etc. We were REALLY thorough with our application, though.

So I think the fact that you have lived together for 7 months (and can prove this with a lease?), and have had joint accounts for 17 months will help to prove your commitment. I do, however, think that it will be a LOT harder if you still don't live together when you apply. As CollegeGirl says, there would have to be a good reason for the 7 months not living together no matter what, but if you're still not living together upon the time of application it would have to be something really outstanding, in my view.

Maybe someone else have been in a similar situation and can share their experience?

Best of luck!


----------



## CollegeGirl (Nov 10, 2012)

Lindaa, I just love your posts. Just had to tell you.


----------



## Lindaa (Sep 24, 2012)

CollegeGirl said:


> Lindaa, I just love your posts. Just had to tell you.


Thanks, CollegeGirl - and ditto!


----------

