# Entitlements on Bridging Visa for 820 application



## CanuckAussie (Apr 17, 2015)

Hi guys. I’ve been reading around this forum for a little while and it has been very helpful. I have some questions that I believe have already been answered before but I would like some clarification. 

I’m an Aussie and my formal defacto partner and her child are coming out to settle with me in Australia. They’ll be entering on the visitor visa, then immediately we’ll submit our application for the 820 partner visa. I understand that she’ll then be allocated a bridging visa A (upon completion of the travel visa duration). My questions are: 1) does this bridging visa allow her working rights? And 2) Does the bridging visa allow her child to attend primary school in Qld exempt from international student fees?

Thanks guys. Looking forward to your input.


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## Mish (Jan 13, 2013)

1/ She will have full work rights once the tourist visa expires and the BVA kicks in
2/ Best to ring the education department or the local school. I vaguely remember someone on this forum saying the primary and high school in QLD don't charge international fees for kids but best to check on that one. Just make sure you mention they won't be on a BVA until tourist visa expires.


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## CanuckAussie (Apr 17, 2015)

Thank you very much Mish. How recent was this change in legislation and are we sure it's certain? The reason I ask is because we've engaged the help of a lawyer in Oz and she didn't mention this. I've only read about it on the forums, but can't find it in an official document/legislation/website. I'd like to confirm it's not just hearsay.


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## Engaus (Nov 7, 2013)

The change happened a number of years ago now, so i'd be concerned if your lawyer wasn't aware of it. Although lawyers do sometimes seem to be a little behind the times when it comes to migration legislation vs an actual migration agent.

It was changed because of the lengthy processing times onshore...now 12-15 months. There is very little information available online, apart from forums. All the information on the IMMI website can be open to interpretation.

If you want to make sure you can ask Mark who is a well respected MARA agent who dedicates some of his time to helping forum members with simple migration questions such as this:

http://www.australiaforum.com/visas-immigration/49513-ask-mark.html


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## Mish (Jan 13, 2013)

The change to BVA happened in 2012 from memory. This is due to the long processing times now.

Personally I would not be using a lawyer they are not specialised in visa applications. You need a MARA registered agent. We have had quite a few people that have had issues with lawyers. My advice is not to use a lawyer but a MARA agent if you want professional help.

Everyone here on the forum that lodges an 820 that gets a BVA gets it work with work rights so I am pretty sure it is accurate. It will say it on the BVA grant notice when you get it too.


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## Engaus (Nov 7, 2013)

Yup - understand your hesitation but anyone who apply's onshore for a partner visa gets work rights (providing they were not here illegally to begin with or were not on a substantive visa). Myself and my partner went through this...applied onshore from a type of tourist visa and was given full work rights no restrictions.


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## CCMS (Oct 10, 2013)

Mish said:


> The change to BVA happened in 2012 from memory. This is due to the long processing times now.
> 
> Personally I would not be using a lawyer they are not specialised in visa applications. You need a MARA registered agent. We have had quite a few people that have had issues with lawyers. My advice is not to use a lawyer but a MARA agent if you want professional help.
> 
> Everyone here on the forum that lodges an 820 that gets a BVA gets it work with work rights so I am pretty sure it is accurate. It will say it on the BVA grant notice when you get it too.


In my experience most lawyers, unless they specialise in immigration law, are pretty hopeless at it. They also tend to charge a lot more.


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## CanuckAussie (Apr 17, 2015)

Thanks guys. Very much appreciate this information. Our lawyer is also a RMA, so hopefully she confirms this shortly. 

Any other members have information regarding primary schooling of dependents of those on bridging visa A for the 820 in Qld?

Cheers.


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## Engaus (Nov 7, 2013)

You will be exempt from paying international student fees in QLD whilst on a BVA. You can find this info on the Education Queensland website.


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## CanuckAussie (Apr 17, 2015)

Engaus said:


> You will be exempt from paying international student fees in QLD whilst on a BVA. You can find this info on the Education Queensland website.


Thanks Engaus. I've already had a look through the Education QLD site but no luck regarding BVA specific information.


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## CanuckAussie (Apr 17, 2015)

The primary school we've been communicating with contacted Queensland Education on our behalf. They advised that my partner's child would be considered an international student while on the bridging visa, unfortunately. Is this consistent with what others have experienced?


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## wrussell (Dec 31, 2014)

The information you seek is on the QLD DET site. For the most part school principals would not know if you were...


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## waiting_is_happiness (Oct 3, 2013)

CanuckAussie said:


> My questions are: 1) does this bridging visa allow her working rights? And
> 2) Does the bridging visa allow her child to attend primary school in Qld exempt from international student fees?


1. Yes the BVA visa holder can work full time.
2. Public school fee (K-12) is exempt for student who have a parent or step parent who is an Australian citizen or permanent resident, and that student must have a valid application lodged with the DIBP for a permanent resident visa. Further reading can be found here: NSW Temporary Residents Program, sorry I do not have a link for QLD but I think there will be no different between states.

Hope this helps.


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## wrussell (Dec 31, 2014)

> there will be no different between states


Yes there is.


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## waiting_is_happiness (Oct 3, 2013)

wrussell said:


> Yes there is.


Then point it out please, the OP needs such info


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## wrussell (Dec 31, 2014)

The OP needed information about a particular state and received correct information about two. For those who want information about other Australian states and territories, Google is your friend.


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## Simply (Aug 21, 2014)

*This is what her bridging visa will look like. I came from a 462 work and holiday. *

A Bridging visa (class WA) has been granted to the applicant listed in the table below to
allow you to remain in Australia during the processing of your application for a Partner
(Temporary) (class UK) Partner (subclass 820) visa.

About your bridging visa
This bridging visa is not in effect because your Work and Holiday (Temporary) visa is
currently in effect.

If your Work and Holiday (Temporary) visa is cancelled, you should contact the department
immediately. Your Bridging visa may not come into effect and will not allow you to remain
lawfully in Australia.

This bridging visa allows you to remain lawfully in Australia until 28 calendar days after you
are notified of a decision on your application for a Partner (Temporary) (class UK) Partner
(subclass 820) visa.

If your Partner (Temporary) (class UK) Partner (subclass 820) visa application is refused
and you apply for merits review of that decision within the required timeframe, this bridging
visa will allow you to remain in Australia until 28 calendar days after you are notified of the
review outcome by the merit review tribunal.

If the merits review tribunal remits your application to the department for reconsideration, this
bridging visa will allow you to remain lawfully in Australia until 28 calendar days after you
are notified by the department of the decision on your Partner (Temporary) (class UK) Partner
(subclass 820) visa application.

If you withdraw your Partner (Temporary) (class UK) Partner (subclass 820) visa application
or your merits review application, this bridging visa will allow you to remain lawfully in
Australia until 28 calendar days after that withdrawal.

If you hold any substantive visa, and that substantive visa is cancelled, you should contact
the department immediately. Your Bridging visa may have ceased and no longer allow you to
remain lawfully in Australia.

More information about bridging visas is available at Australian Government Department of Immigration and Border Protection

Travel overseas
This bridging visa only allows you to remain in Australia. When you leave Australia, your
bridging visa will cease.
As you are a holder of valid Work and Holiday (Temporary) visa that allows you to leave and
return to Australia, the department recommends that you either:
● apply for and be granted a Bridging visa B (which you can only do if you already hold a
Bridging visa A or a Bridging visa B) before you travel or
● contact your case officer as soon as you return to Australia

Permission to work
When your Bridging visa (class WA) is in effect, you will have full permission to work.

Permission to study
When your Bridging visa (class WA) is in effect, you will have full permission to study.

Australia is now visa label-free
Australia's electronic visa system does not require you to have a visa label placed in your
passport.
You can access your visa information at any time using Visa Entitlement Verification
Online (VEVO), a free web-based service. To log into VEVO you will need your passport
information and your visa grant number or transaction reference number (if lodged online)
listed above. More information is available at Visa labels


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## CollegeGirl (Nov 10, 2012)

wrussell said:


> The information you seek is on the QLD DET site. For the most part school principals would not know if you were...


Westly, I've looked the site up and down for this info and all I can find is a document stating that 820 holders don't pay international fees, BUT people on BVAs may or may not, *depending on the visa they held previously.* And it would seem that people who held ETAs previously generally do. But does having applied for an 820, since it's technically a PR application, negate that? I'm trying to figure out for a friend if the info she's been given (that she'll have to pay $250 a week for her daughter to go to public school in Vic while they wait 12-15 months for their 820 decision) is correct. It would seem not, but I want to find something definitive to point her to. Help?


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