# Working Holiday 417 followed by Partner Visa 820



## Super (Aug 16, 2014)

Hello, all. I have been looking through this forum for answers and I was hoping that someone would be able to help with my situation specifically.

I am an Australian resident with an Italian passport-holding boyfriend who is currently residing in Venezuela. He is presently 30, but will be turning 31 within a couple of weeks. We are in a committed relationship together, but we have only lived together for a couple of months and that was overseas in 2013. 

My questions are:
- Would his Working Visa remain valid for the 12 months as long as he enters Australia before he turns 31 (within the next two weeks), or will it be voided as soon as he turns 31? 

- If he applies for the Partner Visa 820 onshore shortly before the end of his 12 month Working Visa to allow for our 12 months of defacto living together, while the bridging visa be sufficient until his Partner Visa is processed?

Thank you in advance for any guidance.


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## Jeremy Hooper (Jul 10, 2014)

Hi Super, the answer to both questions is yes. His WHV is good for 12 months as long as he is granted his visa before he turns 31.

If he applies for a partner visa while he is in Australia he will be granted a Bridging Visa A with full work rights. This visa will remain in place until his visa application is finalised. There is no time limit on these visas.

Also note that you can take the plunge and get married and apply for a partner visa immediately after the event.

Regards


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## Super (Aug 16, 2014)

Thanks for the speedy reply! Just for clarification, he needs to enter Australia before he turns 31, right? Or is it possible to apply for the visa before his birthday and enter after his birthday? 

Getting married would make things easier, but unfortunately it is a same-sex relationship.


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## Super (Aug 16, 2014)

Thanks for the speedy reply! Just for clarification, he needs to enter Australia before he turns 31, right? Or can he apply for it before his birthday and enter after his birthday?

Unfortunately, we are in a same sex relationship so marriage isn't an option.


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## CollegeGirl (Nov 10, 2012)

Hey Super - there will be an "initial entry date" on his WHV, and that will give you the date by which he has to enter the country. I don't believe that's dependent on his age - I think you just have to APPLY before turning 31. Jeremy or someone else can correct me if that's incorrect, but that's my understanding. 

Depending on the state you live in, registering your relationship may be an option.


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## Super (Aug 16, 2014)

Thanks! Just to double-check I contacted the hotline and confirmed that's correct. I'll get him to apply for it ASAP, and hopefully the entry date will be at least a few weeks away so he has a little more time to prepare.

I investigated registering the relationship, but unfortunately I live in Victoria which requires both parties to have been living in Vic for at least 12 months.

Thank you both very much for your help!


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## Super (Aug 16, 2014)

Sorry, just a quick follow up question: the notary offices in my boyfriend's hometown are closed over Aug-Sept for a holiday period- is it possible to justify the use of non-certified documents, or is it 100% mandatory? As his birthday is at the end of August, getting them certified isn't really a possibility for him.


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## Maggie-May24 (Jul 24, 2011)

If it's an online application (I don't know how the 417 visa application is submitted), then colour scans can be uploaded as uncertified. It's only when paper applications are lodges or black&white documents are uploaded that they need to be certified.


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## Super (Aug 16, 2014)

It will be an online application. Thank you very much!


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## Super (Aug 16, 2014)

Sorry, another question: since registering the relationship is not a possibility before the end of the WHV, I'll need to abide by the 12 month requirement of living together. Will applying for a 820 partner visa on the final day of his WHV be sufficient to meet the 12 month criteria? Or will we have to continue to look into further visa options?


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## CollegeGirl (Nov 10, 2012)

That's a tough question, Super. Quite honestly, it depends on the CO. We've seen people rejected on this forum for being just a day short, but others have gotten away with it. It would honestly be a gamble, so it's up to you whether you're comfortable risking it.


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## Super (Aug 16, 2014)

CollegeGirl said:


> That's a tough question, Super. Quite honestly, it depends on the CO. We've seen people rejected on this forum for being just a day short, but others have gotten away with it. It would honestly be a gamble, so it's up to you whether you're comfortable risking it.


Ah, that's unfortunate. Venezuela is not a safe country at the moment and I was hoping to avoid him having to do an offshore application. But a partner visa application is definitely too important to leave it to chance, so if we can't find an alternative visa for him it will have to be offshore.

Thank you for your reply.


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## CollegeGirl (Nov 10, 2012)

I believe there is a type of Bridging Visa that allows you to stay in the country for a few days if you're about ready to apply for another type of visa. You may want to check with a migration agent to make sure that's something he could do and what the consequences (if any) would be.


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## Maggie-May24 (Jul 24, 2011)

It's possible, but I'm not 100% sure. It also cuts it incredibly fine. All you need is a technical glitch in the system preventing you from lodging the visa and you're in strife. It's too bad he can't qualify for a second WHV, as that'd give you the needed wiggle room. Does he have an occupation on the CSOL that he could try to find a 457 visa sponsor while he's here?


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## CollegeGirl (Nov 10, 2012)

Of course, with the 457, just be aware he's tied to the same employer for the next 12-15 months while the visa processes as your BVA will never kick in if he's on the 457.


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## Super (Aug 16, 2014)

It seems like a Bridging Visa D might be a possibility, as it would allow for five days extra at the end of his WHV to meet the 12 month requirement, but would also mean he would only get a Bridging Visa C instead of an A if I read correctly. 

I had a look through the (huge!) skills list for the 457, and though lecturing at a tertiary level as he currently does in Venezuela isn't on the list, graphic design and illustration both are and he has had a lot of experience with that as well, so we'll certainly do our best to get him a 457 during his WHV as long as it's a place he's willing to work for the entire processing period.

Thank you both for the detailed responses!


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## spiciero (Aug 18, 2014)

Hello! 
I'm Super's boyfriend. Thank you all so much for the information you've provided so far! I'm about to lodge the 417 visa application. However, I have a couple of questions prior to doing so.

- The immi website informs me that my birth certificate must be in English, and if not, must have an accredited translation. This is a no-go condition as I don't live in a city with properly accredited translation offices, nor is it viable on short notice, as I know the offices who do it take anywhere from weeks to a month to deliver. 

My question: Is it mandatory that it be submitted in English?

- I recently asked an immigration support agency regarding my case, and they told me that this plan has a flaw: that once my visa ends, in order to request a second WHV or any other one offshore I would have to do it from the country my passport originates from - in this case, Italy. However, while I have the European Citizenship by being Italian, I don't live in Italy but in Venezuela. 

Was this statement true, or are they mistaken in their assessment.

Thank you all SO much for your time and assistance!


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## CollegeGirl (Nov 10, 2012)

They're mistaken. As far as Aus immigration is concerned, there are two places you can apply for visas: Inside Australia, and Outside Australia (onshore and offshore). Where you are offshore is irrelevant when you apply for a visa. Make sure any migration agency you use is MARA-registered. Sorry I can't help on the birth certificate issue - I'm pretty sure it's mandatory it be translated, unfortunately, but I'm not 100% positive. Hopefully someone else will chime in who knows for sure.


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## Super (Aug 16, 2014)

Thanks for clarifying the offshore requirement, CollegeGirl. I was taking a look at the IMMI website with regards to accredited translations, and found this: Who can translate my documents into English for me?

"A translator outside Australia does not need to be accredited, but they must endorse the translation with their full name, address, telephone number, and details of their qualifications and experience in the language being translated."

As you can see above, my boyfriend is fluent in English and also has a degree in legal translation so I believe he would be qualified enough. *But* I am unsure as to if you are allowed to translate your own documents if you are applying for a visa, even if you are qualified. Has there been some kind of precedent set for this?


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## CollegeGirl (Nov 10, 2012)

Yeah, I wouldn't recommend letting him be the translator, unfortunately. That's a little too conflict-of-interest to be a good idea. 

I remember reading something on the subject, but I couldn't tell you now where I saw it, I'm afraid.


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## Super (Aug 16, 2014)

Well, he submitted his application for a 417 at 7pm, 20th Aug, and received the approval email just three hours later.

Thank you all for your help! This was causing us a lot of stress, but having your help made things possible. I know the 820 will be ninety times more stressful, but for now I'll just celebrate getting the first step of the way.


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## spiciero (Aug 18, 2014)

Yes!!
Thanks everyone! It wouldn't have been possible without your help and guidance!


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