Employment extension beyond 6 months on WHV when applying as de facto

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Employment extension beyond 6 months on WHV when applying as de facto


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Old 01-04-2013, 10:47 AM
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Employment extension beyond 6 months on WHV when applying as de facto

I am wondering what successes people have had extending the 6 month work limitation on a working holiday visa after they have applied for temporary/permanent residency through spousal sponsorship.

I am a Canadian in Australia on a WHV that is good for another four months. I would like to stay in my current job for longer than six months as we are intending to stay in Australia long term. How likely is an extension to be granted based on my residency application?

Thanks, W


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Old 01-04-2013, 09:43 PM
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Quote:
Originally Posted by Whitney View Post
I am wondering what successes people have had extending the 6 month work limitation on a working holiday visa after they have applied for temporary/permanent residency through spousal sponsorship.

I am a Canadian in Australia on a WHV that is good for another four months. I would like to stay in my current job for longer than six months as we are intending to stay in Australia long term. How likely is an extension to be granted based on my residency application?

Thanks, W
As of 24 November 2012 Bridging visas are no longer granted with work restrictions. Once you submit your application your WHV work restrictions will no longer be in existence.

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Old 01-05-2013, 02:53 AM
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Patriot_In_Oz is exactly right - a welcome relief for onshore partner visa applicants. The key is that this rule applies only for onshore partner visa applicants (and certain other visas including the 189 and 190 skilled visas if applying onshore) - bridging visas issued for other visa applications may still have work restrictions, but these can often be removed on request if you can demonstrate financial hardship.

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Old 01-05-2013, 09:38 AM
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I thought the bridging visa only came into affect after my WHV expires and the work restriction would remain in affect until then?

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Old 01-05-2013, 10:55 AM
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Sorry for any confusion - you are correct - the bridging visa activates only upon the expiration of your WHV visa, and will have full work rights as of the 24 Nov changes to bridging visas issued for onshore partner visa applications. Until the bridging visa activates, you are still required to observe the conditions of your WHV visa.

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Old 01-09-2013, 11:18 AM
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Question Visa Stress!

Hey everyone, am on working holiday 417 visa and my first 6 months of employment with same company expires in the next 3 weeks or so. I applied for my 820 visa today as wife is aussie.

Am I correct in thinking that I need to complete this DIAC form (immi.gov.au/visitors/working-holiday/417/request-whm-extension.doc) and send to the processing centre in order to continue working with my current employer?

Any help much appreciated! Thanks in advance


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Old 01-09-2013, 11:24 AM
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That's the one - a very helpful form. I suggest you do not wait until the last minute to lodge the form for best results.

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Last edited by MarkNortham; 01-09-2013 at 11:27 AM.

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Old 01-09-2013, 11:26 AM
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Quote:
Originally Posted by MarkNortham View Post
That's the one - a very helpful form.
Thanks Mark! That form wasn't easy to find!


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Old 03-07-2013, 01:22 AM
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Oh, I didn't know the work restrictions had been removed! That's such a relief!

Is there anywhere where I can find information about that on the immi website?


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Old 03-07-2013, 01:31 AM
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Hi Purple -

Here's the law change:

Migration Regulations 1994 - Specification under paragraphs 010.611(1)(c) and 020.611(1)(b) - Class of Persons - November 2012

Which references the following parts of the regulations for the BV-A:


010.6 Conditions

010.611
(1) In the case of a visa granted to a non-citizen who:
(a) satisfies the criterion in subclause 010.211(4); or
(b) is an applicant for a Protection (Class AZ) or Protection (Class XA) visa who:
(i) is not a person described in subclause (2); or
(ii) satisfies the criterion in subclause 010.211(2); or
(c) is a person in a class of persons specified by the Minister by an instrument in writing for this paragraph;

Nil.

Hope this helps!

Best,

Mark Northam

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