WHV Work Extension & Applying for Partner Visa? Help needed!

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WHV Work Extension & Applying for Partner Visa? Help needed!


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Old 09-04-2011, 11:35 AM
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WHV Work Extension & Applying for Partner Visa? Help needed!

Hi guys

My wife & I feel like we are in a bit of pickle.
I'm an Australian & my wife is a U.K citizen living here in Australia with me.

She is currently on a WHV & we are about to lodge our partner visa application this week.
Now our dilemma is with regards to my Wife's current work restrictions.
Her six month work restriction with one employer ran out this weekend.
She currently holds a stable job and wants to continue working there, It wasn't until tonight I found out that you can apply for an extension.

I never searched this in depth because I was told otherwise from an immigration person over the Phone a few months back.

Now I understand she can apply for an extension but you need to apply 2 weeks before the 6 month period runs out with the current employer. Unfortunately we don't have the 2 weeks prior.

Her work place is happy to keep her on if she can get an extension, in the mean time she would stop working until she can get an answer.
Finding another job is really not an option at the moment.... Due to time & finances.

Is it worth still trying to apply for an extension to continue on? Is it possible in her circumstance.

Thanks

Eran


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Old 09-04-2011, 12:06 PM
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Hi,

When does the WHV actually expire? Because once it does expire, and you've applied for the partner visa, that 6 month limit re-sets on the Bridging visa.

I think the 2 weeks is just so that they can give you a decision before you actually start working more than 6 months with the employer. I think is she doesn't go over the 6 months and stops for the moment, she would still be able to apply. However, it's not that easy to get approved:

Requests to extend the employment period beyond six months are only granted in exceptional circumstances. An extension may be allowed for a very short period of time (less than one month) and only if there is very strong justification to grant it.

Exceptional circumstances must be extraordinary and unforeseeable, and relate to an Australian permanent resident, citizen or business.

See more at:
Working Holiday Visa (Subclass 417)


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Old 09-04-2011, 12:13 PM
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The WHV expires next year in Feb. It's such an obsticle the 6 month rule especially when your applying for a Partner Visa. Wouldn't they rather an applicant that is employed, thats my theory.

I wonder if they can waive the 6 month rule because we are applying for a Partner Visa?
And yes I hope the two week thing won't be any hinderance if we are able to apply.


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Old 09-04-2011, 12:53 PM
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Quote:
Originally Posted by Eran View Post
The WHV expires next year in Feb. It's such an obsticle the 6 month rule especially when your applying for a Partner Visa. Wouldn't they rather an applicant that is employed, thats my theory.

I wonder if they can waive the 6 month rule because we are applying for a Partner Visa?
And yes I hope the two week thing won't be any hinderance if we are able to apply.
I think as long as your wife has stopped working, that you should be fine to apply now for the waiver. They say apply 2 weeks before because they don't want people to continue working without permission and they need at least 2 weeks to make a decision, but since your wife has stopped working that shouldn't pose a problem.

Maybe even if your wife can't work these next 6 months, the company might be nice enough to take her back in February.


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Old 09-05-2011, 07:46 AM
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i've seen various people on this forum say otherwise, but when i applied for my Partner Visa here in Brisbane i was told that you can't continue working for an employer for whom you worked for for 6 months on your WHV once on a Bridging Visa. he said that your working conditions from your WHV still apply and DO NOT reset once on a Bridging Visa...

because of that, i was told that i should apply to have my work restrictions removed from my Bridging Visa so that i would have full work rights, which i did using form 1005. within less than a week of applying, i was granted full work rights and am now working for a previous employer again.

my suggestion would be that since you are applying for a Partner Visa this week, try filling out the form 1005 and submitting it with your Partner Visa App. from what it sounds like, you'd get a decision on a form 1005 quicker than you would get a decision on an extension. all you have to do for the work restrictions waiver via form 1005 is to prove that you are experiencing financial hardship.

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Last edited by nighstar; 09-05-2011 at 07:51 AM.

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Old 09-05-2011, 08:21 AM
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Quote:
Originally Posted by nighstar View Post
i've seen various people on this forum say otherwise, but when i applied for my Partner Visa here in Brisbane i was told that you can't continue working for an employer for whom you worked for for 6 months on your WHV once on a Bridging Visa. he said that your working conditions from your WHV still apply and DO NOT reset once on a Bridging Visa...

because of that, i was told that i should apply to have my work restrictions removed from my Bridging Visa so that i would have full work rights, which i did using form 1005. within less than a week of applying, i was granted full work rights and am now working for a previous employer again.

my suggestion would be that since you are applying for a Partner Visa this week, try filling out the form 1005 and submitting it with your Partner Visa App. from what it sounds like, you'd get a decision on a form 1005 quicker than you would get a decision on an extension. all you have to do for the work restrictions waiver via form 1005 is to prove that you are experiencing financial hardship.
Thanks mate, the 1005 sounds like a great idea. How ever her Visa doesnt expire untill February next year. I'm thinking the Extension might help for the current situation?


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Old 09-05-2011, 08:24 AM
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Thanks mate, the 1005 sounds like a great idea. How ever her Visa doesnt expire untill February next year. I'm thinking the Extension might help for the current situation?
ah, sorry. completely forgot about the expiring WHV part. i guess the extension would help you more for now. goodluck with it and your Partner Visa app.

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Old 12-02-2011, 08:52 AM
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We applied under similar circumstances and were told that as of the BVA being granted the working restrictions were reset for another 6 months. So she should be able to go back to her former employer once she has the BVA as the WHV is no longer in place and she'll have another 6 months. Beyond that she'll need a Form 1005 to apply for a BVB which is to change the restrictions of the BVA.


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