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Parent of sponsor

Can you earn overseas income while waiting for partner visa in Australia?

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Hi - my daughter is sponsoring her de-facto partner.  They have been living together for over 3 years and have one child.  They live in London, & applying for the visa offshore. She is Australia born & their son is an Australian Citizen.  Due to the length of time it is currently taking to have the visa granted, they are concerned about how they will manage financially once they are here.  The plan is for them to live with us until they get jobs, but they are keen to move into their own place & start their lives here. They plan on arriving in September 2020.  He will have to apply for a tourist visa & then a bridging visa. My question is,  is he legally allowed to continue to earn income in London by working remotely for his current employer?  He would continue to pay UK taxes etc.  Or could he establish a business in the UK & invoice his former employee ?  would this affect his partner visa application?   Any comments or advice are greatly appreciated.  Thanks.   

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12 minutes ago, Parent of sponsor said:

Hi - my daughter is sponsoring her de-facto partner.  They have been living together for over 3 years and have one child.  They live in London, & applying for the visa offshore. She is Australia born & their son is an Australian Citizen.  Due to the length of time it is currently taking to have the visa granted, they are concerned about how they will manage financially once they are here.  The plan is for them to live with us until they get jobs, but they are keen to move into their own place & start their lives here. They plan on arriving in September 2020.  He will have to apply for a tourist visa & then a bridging visa. My question is,  is he legally allowed to continue to earn income in London by working remotely for his current employer?  He would continue to pay UK taxes etc.  Or could he establish a business in the UK & invoice his former employee ?  would this affect his partner visa application?   Any comments or advice are greatly appreciated.  Thanks.   

Firstly, there is no bridging visa eligibility here. A bridging visa allows a person to remain lawfully in Australia after they have made an onshore application. 

To travel to Australia during the processing of the offshore partner visa, he would need to be granted a visa which permits him to do so, such as an ETA or a visitor visa. These do not allow the holder to work whilst in Australia. However based on what you have posted, his activity would not be considered work.

Work is performing an activity in Australia a person would normally be remunerated for. This could be payment or some other form of reward.

These activities are not considered work:

  • volunteer work
  • doing work online for your job in your home country
  • studying in a university outside Australia and the activity relates to your study and is credited to your course
  • seeing how people work in an industry
  • short-term domestic or caregiving activities for your family member

Lastly, be aware that he must be outside of Australia at time of decision on his partner visa application.

 


Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

 

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Thanks for the information.  I have  just spoken to my daughter.  We didn't realise that the BVA is not granted if you apply offshore.  However, if he applies onshore, he will automatically be granted a BVA that allows him to work because he is applying for the partner visa,  are we interpreting that correctly?   They are a bit reluctant to abandon the offshore application & wait until they arrive in case the legislation changes.  

The reason for applying offshore is that the processing period is supposedly a lot shorter.  Is that your experience also?  it's six of one, half a dozen of the other situation.  He either applies offshore, has a supposedly shorter wait time for the temporary visa, but can't work, or applies onshore, waits longer, but is allowed to work.

 

 

 

 

 

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1 minute ago, Parent of sponsor said:

Thanks for the information.  I have  just spoken to my daughter.  We didn't realise that the BVA is not granted if you apply offshore.  However, if he applies onshore, he will automatically be granted a BVA that allows him to work because he is applying for the partner visa,  are we interpreting that correctly?   They are a bit reluctant to abandon the offshore application & wait until they arrive in case the legislation changes.  

The reason for applying offshore is that the processing period is supposedly a lot shorter.  Is that your experience also?  it's six of one, half a dozen of the other situation.  He either applies offshore, has a supposedly shorter wait time for the temporary visa, but can't work, or applies onshore, waits longer, but is allowed to work.

If a valid partner visa application is made onshore, then once submitted a Bridging Visa A is granted, but will only become active once the current permitted period of stay ends. The Bridging visa A has no restrictions (other than travel) and allows the holder to work in Australia. The purpose of the Bridging visa A is allow the holder to remain lawfully in Australia until a decision is made on their partner visa application. 

You are correct offshore processing is generally quicker, but applying onshore has the advantages as outlined above. It is really comes down to an applicant and sponsor, and what suits their circumstances. Some people are prevented from applying onshore, for example, their visa may have condition 8503 attached.


Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

 

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Hi again - I have more queries.  Some more background first.  

My daughters partner is a Portuguese citizen. 

They have more or less decided to apply for the partnership visa onshore because of the offshore restrictions regarding work. 

They will both resign from their jobs in London, they are travelling to Italy & Portugal prior to arriving, approx 3 months.   Plan is to arrive here in September.

As such, they will not have permanent addresses or incomes when they arrive here.  It is possible my daughter will have a job as she intends applying before she leave the UK & has good connections here in Brisbane.

They will live with us until they have enough income & can afford to rent & obtain rental references. 

due to high cost of living in London, child care expenses, maternity leave, paying for their airfares, they will not have much in the way of savings

They are not intending on booking return flights. 

There seems to be lots of people saying they got their Partner visas onshore, but haven't stated how they explained being in Australia on a visitor visa when they applied.

Questions:

Should he apply for an e-visa subclass 651 or a Visitor visa subclass 600?  What is the difference?

If he applies for an e-visa (eligible as he is Portuguese) is it ok to apply for the partner visa as soon as possible after arriving? 

As e-visa is for tourists, strictly speaking it is dishonest if he enters as a tourist with the intention of applying for a PV.  Would this affect his Partner visa application?

Should they book a return flight for him so it appears he will be a genuine tourist?

Will that look strange if he has a return flight booked, but she & their child do not?

What is the likelihood that he would have the 8503 condition on the e-visa?    

If he is granted an e-visa 651 without 8503 conditions, when he enters the country, if he is asked, does he simply state he is on holiday visiting his partners family? 

As he will not have proof of income, or a permanent address, what is the likelihood this will this trigger further questions that could prevent  him from entering the country?

If they decide to apply offshore (they think they are a month away from having all the paperwork ready) is there any way he could be granted permission to work while waiting for the visa to be granted? apart from the loss of income, he is going to go crazy waiting here with nothing to do 12 months or longer. 

Thanks again.

 

 

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651 e visitor is for low risk countries. 600 is for those not on 651 list

I wouldn't apply straight away after arriving. Give it some time

Its not dishonest. Just a lucky loophole which many people take advantage of

I dont really know the answer about  return flights sorry

651 e visa is exempt from 8503

Yes

If you apply for Partner Visa offshore and enter Aus on Tourist Visa you cannot work.

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On 1/27/2020 at 1:47 PM, AFV said:

Firstly, there is no bridging visa eligibility here. A bridging visa allows a person to remain lawfully in Australia after they have made an onshore application. 

To travel to Australia during the processing of the offshore partner visa, he would need to be granted a visa which permits him to do so, such as an ETA or a visitor visa. These do not allow the holder to work whilst in Australia. However based on what you have posted, his activity would not be considered work.

Work is performing an activity in Australia a person would normally be remunerated for. This could be payment or some other form of reward.

These activities are not considered work:

  • volunteer work
  • doing work online for your job in your home country
  • studying in a university outside Australia and the activity relates to your study and is credited to your course
  • seeing how people work in an industry
  • short-term domestic or caregiving activities for your family member

Lastly, be aware that he must be outside of Australia at time of decision on his partner visa application.

 

HI Again - can you clarify something please?  Once the Partner Visa Subclass 820 has been granted,  can he continue to work online for his UK employer?  I can't find any information on the Home Affairs website regarding this.  If you know of a link, that would be great.  

thank you,

Lisa

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