[LuckyAU7]

Hi,

So a bit of a background. I'm currently awaiting a decision for a 461 Temporary NZ Family Visa with my partner. Originally I came to Australia on a WHV and within that year we applied for the 461 visa. I was granted a BVA with the same work limitations as my WHV which is the 8547 limitation of 6 months per employer. When my WHV expired I went on my BVA which resets my working rights. I'm currently working at company doing marketing work which took me many months and interviews to land and it's the first full-time position I was able to get since coming here back in September of 2017..so its been a long and difficult journey.

It's coming towards the end of my work duration and I know I can apply for a change of status with the form 1005 to have that limitations possibly removed. However, my partner and I are currently planning a trip overseas, so I applied for a BVB and was granted one. Well recently I also filed the 1005 and they called me stating that if they were to file this, it'll override my BVB. It will also have the same 8547 restriction on it. So I told them to hold off.

So my question is, does the BVB have its own 6 months limitation separate from the BVA? Meaning I can work an additional 6 months starting when the BVB was granted?

Or if after I finish my trip and reapply for the 1005 and they grant me another BVA with the same restriction to override my BVB, will I then be able to work for another 6 months as it would be a new BVA visa?

My 461 application is about 14 months old now, I think another 6 months will possibly get it approved and let me stay at my current position.

Thanks,

LuckyAU7

 

[tomar1]

Hi @LuckyAU7,

Just wondering if you could give a quick update on what happened?

I'm in a similar situation, so very interested to hear back from you!

Good luck with your application,

Best regards,
T

 

[LuckyAU7]

Hi @LuckyAU7,

Just wondering if you could give a quick update on what happened?

I'm in a similar situation, so very interested to hear back from you!

Good luck with your application,

Best regards,
T

Hey @tomar1,

Every visa has it's own work rights. As stated, when you go from a WHV to a BVA, your 6 months are reset. So apparently it's the same when you go from BVA to BVB as the BVB is your new visa and when employers check your VEVO it'll show your new visa.

https://immi.homeaffairs.gov.au/vis...ting/work-holiday-462/6-month-work-limitation

Which is stated here:
"The condition resets and the 6 months begins again if:

a second Working Holiday Maker visa is granted or
a bridging visa comes into effect"

Essentially, you can apply for a BVB and go on a short vacation and come back and your work rights will be reset from the day your BVB is granted. This was confirmed by the immigration lawyers at a recruitment agency and by the lawyers at the company I worked at. I also called the immigration office and they also confirmed it, however they weren't aware this could be done and had to refer back to that link above.

So for $150, you can reset your work rights, however I recommend your company's lawyers confirm this on their end. It's not 100% certainty here.

This worked for me and I was able to extend my work rights for 4 more months before I applied using the 1005 form, which removes the work limitations completely. I recommend trying your luck with this as its much more long term than trying to extend every 6 months if you can prove financial hardship.

Hope this helps.

 

[jimboallen95]

Hey @tomar1,

Every visa has it's own work rights. As stated, when you go from a WHV to a BVA, your 6 months are reset. So apparently it's the same when you go from BVA to BVB as the BVB is your new visa and when employers check your VEVO it'll show your new visa.

https://immi.homeaffairs.gov.au/vis...ting/work-holiday-462/6-month-work-limitation

Which is stated here:
"The condition resets and the 6 months begins again if:

a second Working Holiday Maker visa is granted or
a bridging visa comes into effect"

Essentially, you can apply for a BVB and go on a short vacation and come back and your work rights will be reset from the day your BVB is granted. This was confirmed by the immigration lawyers at a recruitment agency and by the lawyers at the company I worked at. I also called the immigration office and they also confirmed it, however they weren't aware this could be done and had to refer back to that link above.

So for $150, you can reset your work rights, however I recommend your company's lawyers confirm this on their end. It's not 100% certainty here.

This worked for me and I was able to extend my work rights for 4 more months before I applied using the 1005 form, which removes the work limitations completely. I recommend trying your luck with this as its much more long term than trying to extend every 6 months if you can prove financial hardship.

Hope this helps.

A friend of mine told me their agent said this was accurate but I have since contacted a few migration agents and they have told me this is not true.

Have you had any official confirmation or did you do it yourself recently? I have 6 weeks left at this role and dont want to leave. I have prepared files for form 1005 but need a back-up.

Are you sure work rights reset for BVB? Does BVB replace BVA or does it run alongside?

I wonder if many agents aren't aware of this hence them saying no.

 

[LuckyAU7]

A friend of mine told me their agent said this was accurate but I have since contacted a few migration agents and they have told me this is not true.

Have you had any official confirmation or did you do it yourself recently? I have 6 weeks left at this role and dont want to leave. I have prepared files for form 1005 but need a back-up.

Are you sure work rights reset for BVB? Does BVB replace BVA or does it run alongside?

I wonder if many agents aren't aware of this hence them saying no.

The BVB replaces the BVA in my understanding. Like I mentioned, I called the Department of Home Affairs at 131 881 and they confirmed this however they weren't sure and had to bring in a supervisor. They ended up referring to that link.

This wasn't good enough for my employers as it wasn't in writing, so they had their own lawyers check and told me it was all good. This worked and I stayed with my company beyond 6 months.

Like you said, I don't think many people know about this. It's almost like a loophole. You can call immigration and see if you can get a confirmation email to show your employer or have your employer's agent run a check.

I didn't want to keep playing this game of extending and loopholes so I applied for the 1005 and was granted a BVA with no work restrictions. I applied once before back in January and was rejected so it's worth trying again if you fail.

Good Luck!

 

[jimboallen95]

The BVB replaces the BVA in my understanding. Like I mentioned, I called the Department of Home Affairs at 131 881 and they confirmed this however they weren't sure and had to bring in a supervisor. They ended up referring to that link.

This wasn't good enough for my employers as it wasn't in writing, so they had their own lawyers check and told me it was all good. This worked and I stayed with my company beyond 6 months.

Like you said, I don't think many people know about this. It's almost like a loophole. You can call immigration and see if you can get a confirmation email to show your employer or have your employer's agent run a check.

I didn't want to keep playing this game of extending and loopholes so I applied for the 1005 and was granted a BVA with no work restrictions. I applied once before back in January and was rejected so it's worth trying again if you fail.

Good Luck!

Thanks, I will give them a call and maybe try and get something in writing.

Just out of interest, what did you submit in order to get the 6 month restriction removed recently? As generally its financial hardship which isn't easy to show as we can work, just not consistently. Would be a huge help

 

[Aussie83]

The BVB replaces the BVA in my understanding. Like I mentioned, I called the Department of Home Affairs at 131 881 and they confirmed this however they weren't sure and had to bring in a supervisor. They ended up referring to that link.

This wasn't good enough for my employers as it wasn't in writing, so they had their own lawyers check and told me it was all good. This worked and I stayed with my company beyond 6 months.

Like you said, I don't think many people know about this. It's almost like a loophole. You can call immigration and see if you can get a confirmation email to show your employer or have your employer's agent run a check.

I didn't want to keep playing this game of extending and loopholes so I applied for the 1005 and was granted a BVA with no work restrictions. I applied once before back in January and was rejected so it's worth trying again if you fail.

Good Luck!

Thanks, I will give them a call and maybe try and get something in writing.

Just out of interest, what did you submit in order to get the 6 month restriction removed recently? As generally its financial hardship which isn't easy to show as we can work, just not consistently. Would be a huge help

You can call immigration and speak to 5 different people and get 12 different answers.

 

[LuckyAU7]

Thanks, I will give them a call and maybe try and get something in writing.

Just out of interest, what did you submit in order to get the 6 month restriction removed recently? As generally its financial hardship which isn't easy to show as we can work, just not consistently. Would be a huge help

I applied under the conditions of financial hardship and stress. We had a decent size savings that would lasted us quite awhile even if I lost my job. Our weekly income was greater than our weekly expenses so it was difficult proving hardship. This is also how you can spin it around and make it work for you.

I stated that I've been waiting for this visa for almost 2 years and the wait time is ever increasing and the stress of finding new work every 6 months is taxing. Not only that but full-time positions are hard to come by for my role as it takes months to get acquainted. For me and my partner to maintain our current way of life, I needed to keep my job. Otherwise we risk eating through our savings and cause unnecessary stress. Our savings is meant for us to put a down payment on a home together and it'll set us back. If my next position is less than full-time then our weekly expenses would be higher than our income. I also included everything: pending student loans, bank statements, savings, bills, groceries, furnishing cost, Myki, car rentals.. etc.

Got approved within a week with no questions asked. Just gotta make a good enough case. Didn't include a letter of support from my employer even though I had one. Didn't want them to think it was about wanting to keep a job but rather about needing to work long term. Though I have read that people have seen success with a letter.

 

[jimboallen95]

I applied under the conditions of financial hardship and stress. We had a decent size savings that would lasted us quite awhile even if I lost my job. Our weekly income was greater than our weekly expenses so it was difficult proving hardship. This is also how you can spin it around and make it work for you.

I stated that I've been waiting for this visa for almost 2 years and the wait time is ever increasing and the stress of finding new work every 6 months is taxing. Not only that but full-time positions are hard to come by for my role as it takes months to get acquainted. For me and my partner to maintain our current way of life, I needed to keep my job. Otherwise we risk eating through our savings and cause unnecessary stress. Our savings is meant for us to put a down payment on a home together and it'll set us back. If my next position is less than full-time then our weekly expenses would be higher than our income. I also included everything: pending student loans, bank statements, savings, bills, groceries, furnishing cost, Myki, car rentals.. etc.

Got approved within a week with no questions asked. Just gotta make a good enough case. Didn't include a letter of support from my employer even though I had one. Didn't want them to think it was about wanting to keep a job but rather about needing to work long term. Though I have read that people have seen success with a letter.

Great, appreciate it. So for Q19 "Are you seeking permission to work on the basis of financial hardship?" you ticked yes and detailed income etc.

I guess the savings' thing worries me because we had planned trips to UK/NZ for family along with some travels ourselves next year so I do have savings but they aren't really to be used to survive unemployment. (I have about $7000 saved personally).

Sorry one more question, for evidence did you get anything certified or did you just print out bank statements/myki transactions on paper and send?

 

[LuckyAU7]

Great, appreciate it. So for Q19 "Are you seeking permission to work on the basis of financial hardship?" you ticked yes and detailed income etc.

I guess the savings' thing worries me because we had planned trips to UK/NZ for family along with some travels ourselves next year so I do have savings but they aren't really to be used to survive unemployment. (I have about $7000 saved personally).

Sorry one more question, for evidence did you get anything certified or did you just print out bank statements/myki transactions on paper and send?

Yes that's correct. Ticked financial hardship and explained that I will be in financial hardship in the future because of the limitations. I had much more saved than you do as well but also had student loans. Just gotta make a good case for yourself. You're not in financial hardship now, but you will be if you don't keep your current job.

Just print and send with no certification but if it makes you feel better why not get it certified.

 

[jimboallen95]

Yes that's correct. Ticked financial hardship and explained that I will be in financial hardship in the future because of the limitations. I had much more saved than you do as well but also had student loans. Just gotta make a good case for yourself. You're not in financial hardship now, but you will be if you don't keep your current job.

Just print and send with no certification but if it makes you feel better why not get it certified.

Thanks for your help!! We both actually have student loans so should mention that too. Fingers crossed!

Did you do anything different from the application that got rejected vs the accepted one?

 

[LuckyAU7]

Thanks for your help!! We both actually have student loans so should mention that too. Fingers crossed!

Did you do anything different from the application that got rejected vs the accepted one?

The first time I didn't tick financial hardship because I didn't think I was going through hardship. Second one I did and even had more in my savings than the last time, pretty much sent the same stuff as well. Really hammer home that without your current job you won't be able to pay your bills and loans. Also, guess it really depends on whose reading your application.

Good luck!

 

[jimboallen95]

The first time I didn't tick financial hardship because I didn't think I was going through hardship. Second one I did and even had more in my savings than the last time, pretty much sent the same stuff as well. Really hammer home that without your current job you won't be able to pay your bills and loans. Also, guess it really depends on whose reading your application.

Good luck!

Thanks for all your help, this is being sent off today with countless printouts of statements/receipts etc.

We have a bit of a surplus in income v expenses if I include my income so I am concerned about that but if I didn't work the expenses would outweigh incomings.

Just a small question re the form, top right of page one you need to write down:

Substantive visa application receipt number
TRN
File number

I have no idea what these are? You can't import the 461 online and haven't had emails to let me know what this information is.

 

[LuckyAU7]

Thanks for all your help, this is being sent off today with countless printouts of statements/receipts etc.

We have a bit of a surplus in income v expenses if I include my income so I am concerned about that but if I didn't work the expenses would outweigh incomings.

Just a small question re the form, top right of page one you need to write down:

Substantive visa application receipt number
TRN
File number

I have no idea what these are? You can't import the 461 online and haven't had emails to let me know what this information is.

You should of gotten two documents when you first submitted the 461 visa application via email.

IMMI Acknowledgement of application received and the bridging visa grant letter.

Substantive visa application number can be found on the acknowledgement letter under visa application charge receipt number.

TRN is your bridging visa grant number found on the bridging visa grant notice.

File number can be found on either document.

 

[jimboallen95]

You should of gotten two documents when you first submitted the 461 visa application via email.

IMMI Acknowledgement of application received and the bridging visa grant letter.

Substantive visa application number can be found on the acknowledgement letter under visa application charge receipt number.

TRN is your bridging visa grant number found on the bridging visa grant notice.

File number can be found on either document.

Thanks for your help on this all, being sent today.

Final final question, how important do you think it is to include my partners' savings account total? If i sent my savings, our shared, my personal and her personal would that be fine or do I need to 'declare' her savings too?

I have 5.5k in savings and she has about 5k too. Should I state 10.5k total savings or just 5.5k? Just wondering likelihood of a problem if I didnt send a summary of her savings account/could I get away with it?

 

[jimboallen95]

Just as an update to anyone, I sent all information off Wednesday 31st via tracked post, it arrived Sunday evening (Monday morning) and that afternoon my vevo check stopped working. Called immigration today and the waiver worked so I am unrestricted now! Thanks for your help.

It was granted 5th August (the day they received it) so I would say that they didn't even read all the information I sent through. I sent:

Letter outlining justification (student loans/bills etc)
Excel spreadsheet of weekly bills
Bank statements off both my partner and I
Student loan statements
Receipts of anything on excel spreadsheet (medical/rent etc)
Rent agreement

Make sure you tick financial hardship on form 1005. I even stated my income was more than bills and had savings between us of around 10-11k but it still got granted.

 

[LuckyAU7]

Just as an update to anyone, I sent all information off Wednesday 31st via tracked post, it arrived Sunday evening (Monday morning) and that afternoon my vevo check stopped working. Called immigration today and the waiver worked so I am unrestricted now! Thanks for your help.

It was granted 5th August (the day they received it) so I would say that they didn't even read all the information I sent through. I sent:

Letter outlining justification (student loans/bills etc)
Excel spreadsheet of weekly bills
Bank statements off both my partner and I
Student loan statements
Receipts of anything on excel spreadsheet (medical/rent etc)
Rent agreement

Make sure you tick financial hardship on form 1005. I even stated my income was more than bills and had savings between us of around 10-11k but it still got granted.

Congrats! Glad that all worked out for you! It's a huge weight off the shoulders I'm sure.