# Partner Visa 800 - Some niggly questions



## Sox (Jul 29, 2009)

Hi guys,

Just wondering if anyone can offer up some suggestions from experience.

I'm about to lodge a partner visa application this week. I am currently on a *Working holiday visa - 417* which expires in Feb 2010. The reason we're making our application now is because I've got a steady job/income and excellent opportunities but my 6 month working restriction kicks into effect on the 18th Aug 2009.

IMMI suggest I submit a partner visa application and an extension on my 6 months while the visa processes.

*My first question is:* if/will I be placed immediately placed on a bridging visa would that 'renew' my 6 month working restrictions. For instance, when my 2nd year - 417 was authorized, I could work for the same employers all over again.

*My second question is:* I could only get an appointment for the 20th of Aug (two days after expiry). IMMI advised I can drop off my application and get it stamped and then were not sure if I should attend the interview aswell.

Any advice is truly welcomed, it's a very stressful ordeal. I just want to know facts before I pay $2,500 incase I'm out of a job in 3 weeks.

There will be a lot of good karma coming your way if you have any ideas/advice.

Cheers

Sonya


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## elkitten (Jul 6, 2009)

Right, so I had a little dig around for you because i remember seeing something about briding visa's in my own meanderings....

Apparently there are different types of bridging Visa's..... some tend to talk about being a refugee...im which would include your kind of visa, but it looks like there is a way to apply to be able to work even if they put a "no work" restriction on your bridging visa). Have a look on this page: Bridging Visa A

All the info about bridging visa's comes up on the refugee page for some reason, i don't understand.

Look at the "form 1005" link....

From the sounds of it though, a bridging visa is like others--for example, say you were on a student visa and could only work 20 hours a week but stay with the same employer, then you switched to a working holiday visa, you would be able to work longer hours but the 6 months restriction would kick in. I ASSUME that the bridging visa has the same "wiping the slate clean" properties as in you would be able to keep working where you are.

O.K as for the rest, this is what I would do--physically go to the immi department, like right now if not sooner. I know that in Melbourne you can just walk in to ask for advice but it takes a while sometimes (longest i waited was 45 minutes though, not bad at all!). Why walk in when you could just call? First human to human contact means you could understand what needs to be done better (personally the web stuff makes no sense to me right now about bridging visas!), you can ask all your questions, write down notes if you have to, get forms, and basically get a better understanding.

Second, and I think this is important--you can bring in your defacto visa application with you, lodge it and apply for a bridging visa the same day. I dont think you can get a bridging visa unless you have lodged another application--im NOT SURE of this, but again, questions a friendly immi agent could answer.

Personally, I don't like that they gave you an appointment after your visa has experied. It might be fine as in maybe they will have the date hat you made the appointment recorded...so i wouldn't freak out too much, BUT i would give it a REALLY good go of lodging some form of application before that.

Did they tell you going in after your visa expired was ok? See another benefit of going into the immi office, grabbing the card of the person you are speaking to so if anything dodge happens, you have their full name and contact details.

Remember, Defacto Visa's require a whole lot of paper-work, get onto it quick fast!!!

Good luck Sonya!


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## Wanderer (Jun 16, 2007)

That's some digging elkitten, you're too kind!, but yes there are certainly some sections of immi that are either hard to understand or even hard to find the right info.

I do not think it is Soz's visa that is expiring but more from what he says, his six months period allowed with one employer when on a WHV.
He says WHV does not expire until 2/2010.

That being the case Sox, I'd not be too suprised if they said, Nope, you do not need a bridging visa for you already have a substantive visa allowing you to be here - your 417.

It could just be hard luck that you'll be needing to find another employer for now - I've heard in past of people getting employed by an agency who might hire out - not sure if it was held to be legal or not and could even be an example of that in the WHV section on immi site.


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## elkitten (Jul 6, 2009)

Aha!

Yes indeed, i read the question wrong...i just saw "expiry" "appointment after" and I was like ghaaaa!!!!! It reminded me of when I went to the immi office in melbourne once and my appointment wasn't for another while so I sat outside having a coffee. I saw a guy go in, there were immi people near the door directing people where to go--the guy said that he needed to renew his visa which had expired a few weeks previous. He got taken straight into some back room not to be seen again. Would not want that to happen to anyone if i can help it =)

I agree with Wanderer though--if your WHV is still valid then why would you need a bridging visa? They won't give you one and you probably won't be able to get one. That means you're stuck with the work restriction, but, what about this:

Get your Defacto application lodged now if not sooner--if you have a complete application, get onto your police checks, medical etc, as you can see from the timelines on this board, there is a chance you could get the visa within two months (not certain though!).

If that's the case, that still leaves you with a two month unemployment gap. How long can you afford to be unemployed? What if you did this, and, I am not sure if this is a legal thing to do, or a loophole thing to do..... im really not sure and by no means am i recommending you do anything which would jeopardize your application, but...

Speak to your employer, tell them your situation. Ask if you could go un-paid part time for two months. Part time means you can get a cafe job to tide you over with cash. If you are working at said company, but are not being paid, is that ok? Afterall, you would technically not be making income from the job anymore, so... I'm not sure, but do you get what i mean? You keep your job either without pay or back pay and then once you have your Defacto, bang, monday, you're straight back on it. It depends how valuable you are to the company--make them see how valuable you are, really pitch it to them as to how it can work and how it can benefit them.

Talking to your employer to secure your job if you cannot work there for two months or so would be my best advice. Do the WHV restriction say paid work or just work in general? 

Again, i would go in and ask the immi people--tell them, you came to Australia, fell in love with an aussie, the country and your job. What can you do? what are your options to get through this legally? Hell, if there is a way, the immi people will know better than me =)

It's definitly a tough sitation, good luck!


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