Working Holiday Extension and Partner Visa - HELP!

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Working Holiday Extension and Partner Visa - HELP!


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Old 12-11-2013, 10:05 PM
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Working Holiday Extension and Partner Visa - HELP!

Hi All,

I'm sure I am not the first person to post this subject on this forum, so apologies for the repetition, but I'm in a bit of a pickle and could use some advice.

I'm here on a 462 visa from America and currently have a (great) job with a charity. It took me close to 3 months to find employment in Australia. I should add that I took an unpaid holiday a month after I started working for a month, so I'm not sure if that counts against the 6 month restriction.

My partner and I decided to get married on 23 November and lodge an 820/801 Visa. We will be lodging the paperwork on Monday 17 December.

The issue is that the 6 month restriction with my current employer is up this coming Monday as well. The problem is that we just found out yesterday that lodging a Partner Visa does not automatically switch you to a Bridging Visa A and that we would need to file a Working Holiday Extension Form instead, which takes 2 weeks to process. We do not have 2 weeks to wait and are concerned with the ramifications, both with my work and with breaching a visa.

My questions are:
- Will Immigration take into consideration that we genuinely did not know about the extension and allow me to keep working?
- Will they take into account the fact that I have technically only been paid by my current employer for 5 months, not 6?
- Is there an alternative to me resigning from my position (not really an option at the moment, based off of finances and the amount of time it takes to find work)?

Surely we are not the first people who got the visa requirements incorrect, and there is some way around the issue... Any help is much appreciated!


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Old 12-11-2013, 10:24 PM
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Unfortunately there's no way around it. Your employer can't just give you the two weeks off that you need for the extension form to kick in? You can NOT work past six months - if you want to know for sure if that month of unpaid time off counts, you'll need to talk to a professional migration agent. Usually they'll answer a general question or two without charging you anything.

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Visa #1: PMV (300) through Washington, D.C
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Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
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Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

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