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Discussion Starter · #1 · (Edited)
Hi all,

Hope someone here can help me as currently having a mini breakdown.

My second WHV (417) expires tomorrow, yesterday I applied for the onshore partner 820/801 visa. In terms of my relationship I have been with my partner over two years, we have lived together over 18 months and have more than the sufficient evidence required for the application so I am not concerned with that.

What I am concerned about is the 6 month work restriction on the 417. My 417 visa was granted on the 1st FEB 2017, I worked with the same company since then until July 2017, when I finished working for them my partner and I did some travelling in the U.K for nearly 4 months, I never had a continuous agreement with the employer that I would return, when I left, I left and I was replaced.

It just so happened when I returned from our travels my boss emailed me asking if I was back in the country and would I return to work for them, (my replacement was leaving) and I still have the emails to confirm this. I returned to work for the same employer in late November 2017 as I quickly counted up my time there (feb - July) and got five months continuous work, then a four month break whilst I travelled so figured its not six months continuous.

However, with applying for the partner visa I actually looked back through my payslips.....

I can now exactly say I worked for that company from 1st FEB 2017 until the 27th JULY 2017. Although this is not 'six calendar months' its awfully close... then after our travels in Europe I have returned to work for them for a further 7 weeks on the same visa.

Will this be seen as a breach? I am panicking about it coming up against my application for the 801/820.

Hope someone knows about this I would be so grateful for some advice!

Tried ringing 131881 but so useless:confused:

Thanks in advance!
Amy
 

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Discussion Starter · #3 ·
Don't contact IMMI contact a RMA.
Thanks for the reply, I was always under the impression I would need to pay for an RMA even just for the question? Could I just ring up an agency and ask?

Have you seen anyone with a similar dilemma on here or am I the only one stupid enough to think I worked less than I did.
 

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The term '6 months' refers to 6 calendar months.

If the visa holder is not in an ongoing employment relationship, this period need not be continuous. A visa holder may, for example, be employed for 3 months, followed by a 2 month period of travel (during which time there is no ongoing employment arrangement), and return to the same employer for a further 3 months.

However, breaks between periods of work in circumstances where the employment arrangement is ongoing - for example, paid or unpaid leave was granted - count toward the 6 month total.
 

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Discussion Starter · #5 ·
The term '6 months' refers to 6 calendar months.

If the visa holder is not in an ongoing employment relationship, this period need not be continuous. A visa holder may, for example, be employed for 3 months, followed by a 2 month period of travel (during which time there is no ongoing employment arrangement), and return to the same employer for a further 3 months.

However, breaks between periods of work in circumstances where the employment arrangement is ongoing - for example, paid or unpaid leave was granted - count toward the 6 month total.
Oh no I just had a dawning moment reading that, I'm in a much worse position than I thought. So I have 100% breached the conditions? :( I read this information you just provided a long time ago on the immigration website but for some reason I read it as if I didn't work for six months continuous, then I could return to the same employer again at a later date, and work for another period as long as I still didn't exceed the six months in the second period as in ,no six months continuous employment at any stage but exceeding six months in two seperate working periods within the 12 months is fine. Am I completely wrong in that?

Ah what have I done! :(

This is a genuine mistake on my part, what would you suggest my next steps are, very worried now.

Thanks for your reply though
 

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He is a RMA and often answer many general nature questions for free.

So it seems you have a dilemma seems you have done 8 calendar months at my guess. Don't remember what happens now, but you are not the first.
 

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Oh no I just had a dawning moment reading that, I'm in a much worse position than I thought. So I have 100% breached the conditions? :( I read this information you just provided a long time ago on the immigration website but for some reason I read it as if I didn't work for six months continuous, then I could return to the same employer again at a later date, and work for another period as long as I still didn't exceed the six months in the second period as in ,no six months continuous employment at any stage but exceeding six months in two seperate working periods within the 12 months is fine. Am I completely wrong in that?

Ah what have I done! :(

This is a genuine mistake on my part, what would you suggest my next steps are, very worried now.

Thanks for your reply though
I can't access LegendCom today to check the regulations, but 2 concerns come to mind: if the breach of condition 8547 comes to the attention of DOHA, your visa may be cancelled with all the ramifications that brings. Any bridging visa associated with an onshore partner visa would then be cancelled as well.

As far as I can recall, there are no questions about breaches of visa conditions in the partner visa application form, but if it came to light somehow (through ATO data matching for example), it could cause character concerns.

I can't say if there is a requirement to volunteer this information or not and since it appears to be a genuine mistake, maybe not much will be made of it in regards to the partner visa application. However, as long as your WHV remains in effect, there is always the risk it will be cancelled if the breach is detected.
 

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Discussion Starter · #9 ·
Oh no I just had a dawning moment reading that, I'm in a much worse position than I thought. So I have 100% breached the conditions?
I read this information you just provided a long time ago on the immigration website but for some reason I read it as if I didn't work for six months continuous, then I could return to the same employer again at a later date, and work for another period as long as I still didn't exceed the six months in the second period as in ,no six months continuous employment at any stage but exceeding six months in two seperate working periods within the 12 months is fine. Am I completely wrong in that?

Ah what have I done!


This is a genuine mistake on my part, what would you suggest my next steps are, very worried now.

Thanks for your reply though
I can't access LegendCom today to check the regulations, but 2 concerns come to mind: if the breach of condition 8547 comes to the attention of DOHA, your visa may be cancelled with all the ramifications that brings. Any bridging visa associated with an onshore partner visa would then be cancelled as well.

As far as I can recall, there are no questions about breaches of visa conditions in the partner visa application form, but if it came to light somehow (through ATO data matching for example), it could cause character concerns.

I can't say if there is a requirement to volunteer this information or not and since it appears to be a genuine mistake, maybe not much will be made of it in regards to the partner visa application. However, as long as your WHV remains in effect, there is always the risk it will be cancelled if the breach is detected.
Hi thanks again for the reply. Al the information you gave me then is basically all I have been reading about for the last few days.

As I am now on the BVA whilst I am waiting for a decision on the 820 part of my partner visa application, my WHV had already ceased.

I have read that if hasn't come to light already, now my WHV is over and I am in process for partner visa it's unlikely I will have the visa cancelled outright more likely if it ever comes to light I will be asked to explain my reasons for the breach and that will be taken into account when processing my current visa application? Don't know how true that is though.

Also although it never asked questions directly on any form about my previous visas or any breaches, there is a section in the Character Form 80 Where it asks for details of employment over the last ten years, obviously I was completely truthful on that form so any diligent CO will pick up I worked for one employer over the six months limit whilst on my WHV.

So I guess I have two options... not mention anything and hope it doesn't get picked up, if it does to just tell them what I have said here and hope they can see it was a genuine mistake on my part misunderstanding the six month limit rule and hope with my sound partner visa application it doesn't affect it.

The other option as far as I can see is to own up now and face whatever consequences...
or own up via email or call when I get assigned a CO to m 820 application and hope they don't just outright cancel my current bridging visa.

Have you had any experience of anyone in the same position?

Thanks again for you help
 

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Discussion Starter · #10 ·
Oh no I just had a dawning moment reading that, I'm in a much worse position than I thought. So I have 100% breached the conditions?
I read this information you just provided a long time ago on the immigration website but for some reason I read it as if I didn't work for six months continuous, then I could return to the same employer again at a later date, and work for another period as long as I still didn't exceed the six months in the second period as in ,no six months continuous employment at any stage but exceeding six months in two seperate working periods within the 12 months is fine. Am I completely wrong in that?

Ah what have I done!


This is a genuine mistake on my part, what would you suggest my next steps are, very worried now.

Thanks for your reply though
I can't access LegendCom today to check the regulations, but 2 concerns come to mind: if the breach of condition 8547 comes to the attention of DOHA, your visa may be cancelled with all the ramifications that brings. Any bridging visa associated with an onshore partner visa would then be cancelled as well.

As far as I can recall, there are no questions about breaches of visa conditions in the partner visa application form, but if it came to light somehow (through ATO data matching for example), it could cause character concerns.

I can't say if there is a requirement to volunteer this information or not and since it appears to be a genuine mistake, maybe not much will be made of it in regards to the partner visa application. However, as long as your WHV remains in effect, there is always the risk it will be cancelled if the breach is detected.
Hi thanks again for the reply. Al the information you gave me then is basically all I have been reading about for the last few days.

As I am now on the BVA whilst I am waiting for a decision on the 820 part of my partner visa application, my WHV had already ceased.

I have read that if hasn't come to light already, now my WHV is over and I am in process for partner visa it's unlikely I will have the visa cancelled outright more likely if it ever comes to light I will be asked to explain my reasons for the breach and that will be taken into account when processing my current visa application? Don't know how true that is though.

Also although it never asked questions directly on any form about my previous visas or any breaches, there is a section in the Character Form 80 Where it asks for details of employment over the last ten years, obviously I was completely truthful on that form so any diligent CO will pick up I worked for one employer over the six months limit whilst on my WHV.

So I guess I have two options... not mention anything and hope it doesn't get picked up, if it does to just tell them what I have said here and hope they can see it was a genuine mistake on my part misunderstanding the six month limit rule and hope with my sound partner visa application it doesn't affect it.

The other option as far as I can see is to own up now and face whatever consequences...
or own up via email or call when I get assigned a CO to m 820 application and hope they don't just outright cancel my current bridging visa.

Have you had any experience of anyone in the same position?

Thanks again for you help
 

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I can’t see there being any grounds for your bridging visa to be cancelled.

You could add a brief statement to the application explaining what happened, but unless you are required to provide a form 80 I can’t think of there being any questions in the application where this would need to be addressed.
 

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Discussion Starter · #12 ·
I can't see there being any grounds for your bridging visa to be cancelled.

You could add a brief statement to the application explaining what happened, but unless you are required to provide a form 80 I can't think of there being any questions in the application where this would need to be addressed.
Thank you so much for your help.
I think I will wait until I get assigned a CO and then talk to them directly about it, unless it comes to someone's attention before then.

We'll see!
Thanks again.
 
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