[alexthewhovian]

My partner is currently on her first Work and Holiday visa (subclass 462), and plans to apply for a Partner visa (subclasses 820 and 801). We are in the midst of collecting the required documents for this. We were meant to have the funds to pay for it by now, but unfortunately, those plans have been pushed back to July. Her 462 visa expires on 21 May this year (she arrived here on 21 May 2018).

She is currently doing 88 days of specified work for a second Work and Holiday visa, but she may not complete the work in time before her visa expires. As of today, there is 97 days left for her current visa, and she still needs to compete 81 days. (She has found a different job, but there is a wait list of up to 14 days to actually start the work.)

Is her best option to do 88 days of specified work for a second Work and Holiday visa (subclass 462), or to apply for a Visitor visa (subclass 600) to extend her stay? For the Visitor visa, she would then be in Australia for over 12 consecutive months - would needing more time to apply for a Partner visa satisfy the exceptional reasons clause for an extended stay in Australia as a visitor beyond 12 months?

 

[CCMS]

Is her best option to do 88 days of specified work for a second Work and Holiday visa (subclass 462)

Yes, absolutely!

or to apply for a Visitor visa (subclass 600) to extend her stay? For the Visitor visa, she would then be in Australia for over 12 consecutive months - would needing more time to apply for a Partner visa satisfy the exceptional reasons clause for an extended stay in Australia as a visitor beyond 12 months?

No, it would satisfy "non genuine visitor" grounds for refusing the application instead.

 

[alexthewhovian]

Yes, absolutely!

No, it would satisfy "non genuine visitor" grounds for refusing the application instead.

Thanks for your reply! What do we do in the case of her not making her 88 days of work before May 21? I just found out within the past hour that she is not scheduled on for another five days, so the window on her 88 days is closing rapidly. If she has, say, 80 days once May 21 arrives, is there any way we can extend her stay here so that she can complete her 88 days to remain here while we process her Partner visa application?

 

[paulhand]

Thanks for your reply! What do we do in the case of her not making her 88 days of work before May 21? I just found out within the past hour that she is not scheduled on for another five days, so the window on her 88 days is closing rapidly. If she has, say, 80 days once May 21 arrives, is there any way we can extend her stay here so that she can complete her 88 days to remain here while we process her Partner visa application?

The work must be done whilst she is on the first WHV.

 

[alexthewhovian]

The work must be done whilst she is on the first WHV.

So, if she cannot complete the 88 days during her first WHV, what are her options?

 

[CCMS]

So, if she cannot complete the 88 days during her first WHV, what are her options?

She can always try for a student or tourist visa, but should have a plan B, which involves leaving and applying offshore.

A student visa after a WHV is probably more achievable than a tourist visa, but having to declare the relationship may make it very difficult to meet "Genuine Temporary Entrant" criteria.

 

[alexthewhovian]

She can always try for a student or tourist visa, but should have a plan B, which involves leaving and applying offshore.

A student visa after a WHV is probably more achievable than a tourist visa, but having to declare the relationship may make it very difficult to meet "Genuine Temporary Entrant" criteria.

Except that we don't have the funds for her to leave and travel all the way back to the United States. No funds to leave, no funds to stay. So, what you're saying is all options available to us are going to be difficult because of the "Genuine Temporary Entrant" criteria.

 

[CCMS]

Except that we don't have the funds for her to leave and travel all the way back to the United States. No funds to leave, no funds to stay. So, what you're saying is all options available to us are going to be difficult because of the "Genuine Temporary Entrant" criteria.

That's pretty much the reality of it.

Tourist visa after a WHV is unlikely.
Student visa may be problematic, because of being in a relationship with an Australian and trying to meet GTE requirements.
A second WHV would have been the ideal solution.

If funds are the main issue, look at getting a loan or a credit card. It may work out cheaper overall if you can apply sooner rather than later.