WHV working restriction removal until decision made on partner visa

1955 Views 5 Replies 4 Participants Last post by jimboallen95, Jul 2, 2019

justin-aus

Discussion Starter · Nov 2, 2018

Hey,

Hopefully someone can give some advice/give their experience on this as I am struggling to find information

The situation:
I am currently on a WHV which expires in March 2019, and have been working for the same employer since June 2018. I have since applied for the New Zealand Citizen Family Relationship visa (461) which, if approved, would grant me access to Australia for 5 years with no work restrictions.

My 6 month restriction with my current employer comes into effect in December 2018, and I have filled out a 1445 extension form to request to have my working restriction removed whilst I wait on a decision for my 461 visa.

Questions:

The 1445 form, "Q16 What period to work with employer is requested (ie proposed end date for employment?)" - Ideally I would like until I receive a decision on my current visa, but I don't know when that will be. How long can I feasibly ask for? Do I have to put an end date?
My Briding visa A comes into effect in March when my WHV expires, but comes with the same working restriction. Can I apply again for the 1445 to have this removed, or will I just have to admit defeat and move to a different employer?

Thanks in advance for any information. I can't seem to get through to speak to Home Affairs by phone yet, although will be trying again. Any experience info would be much appreciated.

Have an awesome day

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CCMS

· #2 · Nov 3, 2018

When the BVA comes into effect, the work limitation would be re-set.

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justin-aus

Discussion Starter · #3 · Nov 3, 2018

CCMS said:
When the BVA comes into effect, the work limitation would be re-set.

Thanks for the reply.

Could you clarify what that means please? Does that mean in March (when BVA comes into effect) I can continue working for another 6 months for this employer?

Cheers

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CCMS

· #4 · Nov 5, 2018

justin-aus said:
Thanks for the reply.

Could you clarify what that means please? Does that mean in March (when BVA comes into effect) I can continue working for another 6 months for this employer?

Cheers

Yes, normally a new 6 month period would start.

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Canuck707

· #5 · Nov 12, 2018

I just thought I would give an update on my situation as it might answer some questions that are hard to find answers to.

I have been waiting on a decision for my 461 for 19 months. My six month restriction saw me working until December 2017 on my working holiday visa. I requested an extension to continue working until my bridging visa came into effect in January, which was approved.

In June I decided to switch jobs and am now nearing my six month mark (still on my bridging visa). I applied last week for a six month extension through form 1445 in hopes my 461 will be approved by then, and it was denied stating "We are unable to grant permission for you to work beyond the six months on your current visa as you do not hold a substantive working holiday maker visa anymore."

It appears the work condition carries through to bridging visas, but the ability to request an extension does not.

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jimboallen95

· #6 · Jul 2, 2019

Canuck707 said:
I just thought I would give an update on my situation as it might answer some questions that are hard to find answers to.

I have been waiting on a decision for my 461 for 19 months. My six month restriction saw me working until December 2017 on my working holiday visa. I requested an extension to continue working until my bridging visa came into effect in January, which was approved.

In June I decided to switch jobs and am now nearing my six month mark (still on my bridging visa). I applied last week for a six month extension through form 1445 in hopes my 461 will be approved by then, and it was denied stating "We are unable to grant permission for you to work beyond the six months on your current visa as you do not hold a substantive working holiday maker visa anymore."

It appears the work condition carries through to bridging visas, but the ability to request an extension does not.

Did you find a way around this?

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