"No further stay" condition on Work and Holiday Visa (Subclass 462)

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"No further stay" condition on Work and Holiday Visa (Subclass 462)


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Old 12-04-2011, 02:09 AM
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"No further stay" condition on Work and Holiday Visa (Subclass 462)

Hi, I am Australian and my partner is American. We are currently living apart in our home countries. We plan to apply for the Onshore De Facto Visa as soon as we are able to satisfy the 12 month eligibility criteria.

To achieve this, my partner plans to enter Australia on the Work and Holiday Visa (Subclass 462). We are concerned about the following passage from the immigration website:

"The Work and Holiday visa allows you to stay in Australia for 12 months. You can only extend your stay in Australia if your Work and Holiday visa is not granted with a 'No Further Stay' condition. If your visa is granted with a 'No Further Stay' condition you will be advised of this in your visa grant letter.

Work and Holiday visa holders without a 'No Further Stay' condition are only able to apply for a limited number of other visas from within Australia."


We have not been able to find any definitive information as to what determines whether the 'No Further Stay' condition will be enforced for a Work and Holiday Visa, and if the De Facto Visa is one of the "limited number of other visas" that can be applied for within Australia. Does anyone have experience with this?

Thank you,
Flick.


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Old 12-05-2011, 08:23 AM
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Quote:
Originally Posted by Flick and Zack View Post
Hi, I am Australian and my partner is American. We are currently living apart in our home countries. We plan to apply for the Onshore De Facto Visa as soon as we are able to satisfy the 12 month eligibility criteria.

To achieve this, my partner plans to enter Australia on the Work and Holiday Visa (Subclass 462). We are concerned about the following passage from the immigration website:

"The Work and Holiday visa allows you to stay in Australia for 12 months. You can only extend your stay in Australia if your Work and Holiday visa is not granted with a 'No Further Stay' condition. If your visa is granted with a 'No Further Stay' condition you will be advised of this in your visa grant letter.

Work and Holiday visa holders without a 'No Further Stay' condition are only able to apply for a limited number of other visas from within Australia."


We have not been able to find any definitive information as to what determines whether the 'No Further Stay' condition will be enforced for a Work and Holiday Visa, and if the De Facto Visa is one of the "limited number of other visas" that can be applied for within Australia. Does anyone have experience with this?

Thank you,
Flick.
I'm on the same visa right now. I'm American living with my Australian partner.

I just checked Immi and nowhere on my entitlements does it say No Further Stay. I think quite a few people have used the WHV to satisfy the 12 month requirement. We're planning on applying for the Partner visa as well.

I would also recommend you register your relationship with your state, if you can. It waives the 12 mo. requirement. We did this about 2 months ago and are only waiting till the 11 mo mark to gather the most evidence possible before submitting it.

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Old 12-05-2011, 02:20 PM
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Thank you, that is very very helpful. If you don't mind, I'd like to keep in contact with you. Being in such similar situations, you and your partner might have a lot of advice that could save Zack and I a lot of stress! Being further behind in the process, we probably won't be nearly as helpful to you, but we can try!

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Old 12-05-2011, 09:20 PM
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Originally Posted by Flick and Zack View Post
Thank you, that is very very helpful. If you don't mind, I'd like to keep in contact with you. Being in such similar situations, you and your partner might have a lot of advice that could save Zack and I a lot of stress! Being further behind in the process, we probably won't be nearly as helpful to you, but we can try!
Yes, please keep in contact! I'd love to be able to talk to someone in a similar situation.

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