Just had my BVA work restrictions denied. Waiting on a 461

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  • 1 Post By trex1985

Just had my BVA work restrictions denied. Waiting on a 461


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Old 06-30-2020, 02:28 AM
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Just had my BVA work restrictions denied. Waiting on a 461

Not sure what to do.

I entered Aus on a 417 WHV. Had my work restrictions lifted for the 12 months.

Applied for my 461 Visa while in Aus.

I'm from Ireland (35). My wife is from NZ (29).

BVA was granted with same work restrictions. So when the WHV expired. I applied for the same restrictions to be lifted on my BVA.

Just got notified that this has been denied. I'll not be able to work beyond 6 months with current employers. That will be 18months in same role.

Devastated. I earn 120k, my wife earns 100k. It's a career progression for me and I love my job.

I mentioned in the application that my wife is in the University Sector and potentially about to lose her job. The uncertainty of the 461 processing time means, I can't hold a job for longer than 6 months and who want's to hire someone for that period? We are not entitled to income support.

I get that we could live off one salary but what do I do with my time and for how long? Is it not better to continue to contribute to Aus society?

There is potential of us for-fitting on our rental contract, service agreements. I can't return to NZ with her and she can't return to Ireland with me.

Can I appeal this? Any other options?

Seems pretty harsh?


Last edited by trex1985; 06-30-2020 at 02:52 AM.

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Old 06-30-2020, 03:47 AM
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Hi,

I am very sorry to hear that your application was denied. I have just checked the legislation and I do not believe there are grounds to appeal the decision made regarding work rights on your BVA. I hope another agent can confirm that I am correct.

I really hope that your 461 application is picked up asap

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Old 06-30-2020, 04:35 AM
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Quote:
Originally Posted by Siham Rowe View Post
Hi,

I am very sorry to hear that your application was denied. I have just checked the legislation and I do not believe there are grounds to appeal the decision made regarding work rights on your BVA. I hope another agent can confirm that I am correct.

I really hope that your 461 application is picked up asap
Yeah I don't think so either.

My 461 is at least another 17 months away. It was 29 months the last time it was updated.

It is now currently unknown processing time.

Processing times
75% of applications: Processing times are not available
90% of applications: Processing times are not available


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Old 06-30-2020, 08:49 AM
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Quote:
Originally Posted by trex1985 View Post
Any other options?
Potentially, yes. I suggest you consult a Registered Migration Agent for some advice.

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Paul Hand
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SunCoast Migration Ltd

All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation.

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Old 07-03-2020, 01:00 AM
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I called them and submitted another form 1022. Courier delivered.

Decision reversed. Just had my work restrictions removed.

I felt it was exceptionally harsh and I added a letter to explain this and further explain the situation around 461 waiting times.

All good now.

Siham Rowe likes this.

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Old 07-03-2020, 03:00 AM
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Great to hear

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Siham Rowe
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