TooEasy Posted February 28, 2019 Share Posted February 28, 2019 (edited) Hey all My wife and I just landed in Australia and will now submit the joint application for the 485 post-study work stream visa. She is currently on a 500 student visa and I am on an eVisitor (subclass 651). As we understand, my wife (the primary applicant) will retain the same rights as she currently has throughout the duration of the bridging visa. As her spouse and the secondary applicant, can anyone confirm what work rights I would have while the bridging visa is in effect? Am I also right in thinking that the bridging visa will not take effect until her previous student visa expires? Thank you TooEasy Edited February 28, 2019 by TooEasy Clarifying a few things Quote Link to comment Share on other sites More sharing options...
Marisawright Posted February 28, 2019 Share Posted February 28, 2019 Shouldn't you have checked all that out before you decided on this path? Quote Link to comment Share on other sites More sharing options...
ali Posted February 28, 2019 Share Posted February 28, 2019 You probably need the advice of an RMA - as currently you are on a different visa to your wife - I don't know if technically, your bridging visa might be linked to your tourist visa? Quote Link to comment Share on other sites More sharing options...
Moran From LifeinAus Posted March 6, 2019 Share Posted March 6, 2019 Hi TooEasy, a 651 visa doesn't have any working rights option. Once submitting the 485 visa and your 651 visa expires, you will move to a bridging visa that will inherit the same visa conditions as the original one. What I am trying to say is that you can apply to change the visa condition but, unless you can prove that you are suffering from financial hardship while holding the bridging, visa this condition will be kept and you wont be able to work until a decision is made in regards to the 485 visa. Moran Shultz Registered migration Agent 1795282 Quote Link to comment Share on other sites More sharing options...
TooEasy Posted March 6, 2019 Author Share Posted March 6, 2019 1 hour ago, Moran From LifeinAus said: Hi TooEasy, a 651 visa doesn't have any working rights option. Once submitting the 485 visa and your 651 visa expires, you will move to a bridging visa that will inherit the same visa conditions as the original one. What I am trying to say is that you can apply to change the visa condition but, unless you can prove that you are suffering from financial hardship while holding the bridging, visa this condition will be kept and you wont be able to work until a decision is made in regards to the 485 visa. Moran Shultz Registered migration Agent 1795282 2 Thank you for taking the time to offer your advice. I called Home Affairs yesterday and they said that my wife, coming from a 500 student visa to a 485, will potentially get her work conditions removed.She made it sound like that was fairly standard procedure. She then said that there's a decent chance that I, as her spouse, will get a visa with the same full rights to work. She seemed quite positive that we might be able to work but said there's no guarantee. From what you're saying, they will not be using any discretion to make a decision—only looking at the previous visa of each individual and transferring those condition/rights. Have you ever heard of students getting bridging visas with work rights? And the spouse being put on the same rights as their partner? Also, do you have any idea if having a small inheritance kept in a savings account will make me ineligible for claiming financial hardship, or they won't count that? Quote Link to comment Share on other sites More sharing options...
TooEasy Posted March 8, 2019 Author Share Posted March 8, 2019 Update: We had our bridging visa A approved. That will kick in once my visitor visa expires on May 27. I cannot work until then, but Home Affairs have confirmed there are no work restrictions once my BVA kicks in. So, that confirms that it is not necessarily true that one inherits the same conditions from the previous visa. A tip for anyone reading this in my position: time your visas right. If I had applied for my tourist visa 2.5 months before I arrived I'd only have to wait a few weeks before being able to work. Lesson learned! Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted March 8, 2019 Share Posted March 8, 2019 24 minutes ago, TooEasy said: Update: We had our bridging visa A approved. That will kick in once my visitor visa expires on May 27. I cannot work until then, but Home Affairs have confirmed there are no work restrictions once my BVA kicks in. So, that confirms that it is not necessarily true that one inherits the same conditions from the previous visa. A tip for anyone reading this in my position: time your visas right. If I had applied for my tourist visa 2.5 months before I arrived I'd only have to wait a few weeks before being able to work. Lesson learned! The assumption that the bridging visa will automatically have the same conditions as the previous visa held is incorrect. Conditions applicable to bridging visas depend on many factors, including what visa you hold, when you apply, your visa history and what visa you are applying for. There are some types of visas specifically mentioned in the Bridging Visa Regulations, which have specific requirements in regards to conditions, including work rights. The Class VC (485), is specifically mentioned as only receiving the health cover condition, if certain requirements are met at time of lodgement. There are multiple variations detailing applicable conditions contained in the bridging visa Regulations. In some cases, very specific details are required to determine what conditions will apply, as it is not always straight forward. Quote Link to comment Share on other sites More sharing options...
TooEasy Posted March 8, 2019 Author Share Posted March 8, 2019 6 minutes ago, Raul Senise said: The assumption that the bridging visa will automatically have the same conditions as the previous visa held is incorrect. Conditions applicable to bridging visas depend on many factors, including what visa you hold, when you apply, your visa history and what visa you are applying for. There are some types of visas specifically mentioned in the Bridging Visa Regulations, which have specific requirements in regards to conditions, including work rights. The Class VC (485), is specifically mentioned as only receiving the health cover condition, if certain requirements are met at time of lodgement. There are multiple variations detailing applicable conditions contained in the bridging visa Regulations. In some cases, very specific details are required to determine what conditions will apply, as it is not always straight forward. Thank you, Raul. Well informed and lucid as always. It's a complicated world but, with guidance like yours, it helps navigate that world immeasurably. 1 Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted March 8, 2019 Share Posted March 8, 2019 36 minutes ago, TooEasy said: Thank you, Raul. Well informed and lucid as always. It's a complicated world but, with guidance like yours, it helps navigate that world immeasurably. Your comment is most appreciated, it nice to know that some appreciate and understand that it is not always possible to give a simple answer to a complicated question. 1 Quote Link to comment Share on other sites More sharing options...
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