DJ87 Posted October 10, 2014 Share Posted October 10, 2014 Hi All, I have just submitted my EOI today for Visa 189. However, my visa expires on the 21st of November 2014 and i was just wondering if anyone could let me know what my options are. If i dont get invited before my visa expires is there any way i can get my visa extended? And if i apply offshore do i have to wait until my visa is processed and finalised before i can come back to Australia. Any information would be great as i am running out of time. Thanks Dawn Link to comment Share on other sites More sharing options...
MaggieMay24 Posted October 10, 2014 Share Posted October 10, 2014 You're on a WHV now? The WHV can't be extended, and getting a visitor visa after holding a WHV for 2 years can be very difficult (since the WHV is a working HOLIDAY visa, so DIBP will likely wonder why you need to holiday more than the 2 years you already have). Hopefully your invitation will come before your visa expires, but you may want to speak with a migration agent to see if there are any other options. Link to comment Share on other sites More sharing options...
DJ87 Posted October 10, 2014 Author Share Posted October 10, 2014 Thanks Maggie, yeah im on my second year of a WHV. Just thought someone on this might have been in the same position and got around it without leaving. Thanks for your advice! Link to comment Share on other sites More sharing options...
Ozmaniac Posted October 14, 2014 Share Posted October 14, 2014 Hi All, I have just submitted my EOI today for Visa 189. However, my visa expires on the 21st of November 2014 and i was just wondering if anyone could let me know what my options are. If i dont get invited before my visa expires is there any way i can get my visa extended? And if i apply offshore do i have to wait until my visa is processed and finalised before i can come back to Australia. Any information would be great as i am running out of time. Thanks Dawn What is your occupation? If it's not one of the pro-rated occupations, you should have an invitation well before your WHV expires. In the last several invitation rounds, 60 point invites for non pro-rated occupations have taken only a couple of weeks from submission of the EOI. If you don't get an invitation, you won't be able to extend your WHV (that's never possible) and given that you've been in Australia on WHVs for 2 years, I doubt if you would have any chance of getting a Visitor visa to allow you to stay any longer. If you apply offshore, you will probably have to wait until the visa is processed before returning. After having been here for 2 years, I think you could have a problem getting a visitor visa though an ETA or eVisitor might be possible. You would have to apply and take your chances but if you're successful, when you arrive and try to enter, you could possibly have an problem convincing immigration that you don't want to start work before you're eligible to do so. With most occupations though, the question is probably moot and you will have your invitation before it becomes an issue. Link to comment Share on other sites More sharing options...
DJ87 Posted October 14, 2014 Author Share Posted October 14, 2014 Thanks for all the advice guys. Unfortunately im an accountant and it is on the pro rata occupation.im just gna keep my fingers crossed and hope I get invited before the 21st of November! Link to comment Share on other sites More sharing options...
Ozmaniac Posted October 14, 2014 Share Posted October 14, 2014 In the last invitation round on 22 September, at least one 60 point Accountant was invited with a Visa Date of Effect of 20 September. I'd say that's a pretty promising sign for your application given that there are 3 rounds between now and when your WHV expires. It's the IT occupations where the pro-rating is causing delays t this stage. Link to comment Share on other sites More sharing options...
DJ87 Posted October 14, 2014 Author Share Posted October 14, 2014 Thanks, that's giving me some confidence! so just have to think positive now! Are the next rounds the 27th of October 2014 and 10 of November 2014?? Link to comment Share on other sites More sharing options...
Ozmaniac Posted October 14, 2014 Share Posted October 14, 2014 Yes, those are the dates but I miscalculated - 2 rounds and not 3. Link to comment Share on other sites More sharing options...
Killara Posted October 14, 2014 Share Posted October 14, 2014 You cannot extend your WHV but if you do not receive an invitation to apply before your WHV expires, you might still have other options for extending your stay in Australia such as by applying in Australia for another visa that you may also be eligible for. I suggest you speak to a registered migration agent now about what options you might have if you do not receive the invitation in time (particularly given the tight timeframe involved before your visa expires); that way the agent can be ready to submit an application for you before your WHV expires so that you can stay in Australia and allow more time for the invitation to be made if you haven't received it by then. You may have more options than simply leaving if you do not get an invitation before your WHV expires. Having said that, as others have pointed out, given there are 2 more rounds of offers, you have good prospects of receiving an invitation to apply in time. Link to comment Share on other sites More sharing options...
DJ87 Posted October 23, 2014 Author Share Posted October 23, 2014 Hi all, Going by the previous invitation round http://www.immi.gov.au/Work/Pages/SkillSelect/results/13-october-2014.aspx. is there a good chance I could be invited on monday 27th of october round since I submitted by eoi on the 10th of october?? Link to comment Share on other sites More sharing options...
blossom Posted October 23, 2014 Share Posted October 23, 2014 Not long to find out. Link to comment Share on other sites More sharing options...
benthomas010 Posted October 24, 2014 Share Posted October 24, 2014 Hi all, Going by the previous invitation round http://www.immi.gov.au/Work/Pages/SkillSelect/results/13-october-2014.aspx. is there a good chance I could be invited on monday 27th of october round since I submitted by eoi on the 10th of october?? A very good chance. I submitted my EOI on the 19th and expecting an invite on Monday. Accountants aren't having to wait long at all .. so unless there has been a sudden rush of applications you should get your invite. Link to comment Share on other sites More sharing options...
benthomas010 Posted October 26, 2014 Share Posted October 26, 2014 Just to update. .. I received my invite this afternoon. (1.15pm UK time) as an accountant, I applied after you and only had 60 points so you should have received an invite also.. Link to comment Share on other sites More sharing options...
DJ87 Posted October 27, 2014 Author Share Posted October 27, 2014 Congrats I got mine too... im so relieved! So I will be applying onshore in the next week or so and putting my partner on it, will we go on a bridging visa as soon as our current visa expires? I heard once u lodge and pay for your visa application you get an email straight away with your bridging visa details.. ! Also as im applying for a 189 visa I have unlimited work rights. .. is that correct? Link to comment Share on other sites More sharing options...
Ozmaniac Posted October 27, 2014 Share Posted October 27, 2014 Congratulations! I know we told you you would probably get it in this or the next round but it's not the same as actually having the grant in hand. You must be very relieved. Your BV will be granted when you lodge your 189 application and it will take effect when your WHV expires. The BV will have the same work rights and restrictions as your WHV but you will be able to apply for an extension of the 6 month per employer limitation if you have a job in which you want to continue working. http://www.immi.gov.au/allforms/pdf/1445.pdf Form to Request permission to work with an employer beyond 6 months on a WHV. Link to comment Share on other sites More sharing options...
DJ87 Posted October 27, 2014 Author Share Posted October 27, 2014 Thanks for the info.. I thought that there was no work conditions for skilled immigration visa 189 , I had read on previous forums that the work rights have been removed so I wouldnt have to apply for an extension? Link to comment Share on other sites More sharing options...
blossom Posted October 27, 2014 Share Posted October 27, 2014 Thanks for the info.. I thought that there was no work conditions for skilled immigration visa 189 , I had read on previous forums that the work rights have been removed so I wouldnt have to apply for an extension? When you go on bridging visa A then you have the same restrictions as your last visa. I believe the exceptions are partner and family visas only. Link to comment Share on other sites More sharing options...
DJ87 Posted October 28, 2014 Author Share Posted October 28, 2014 Hi, this is the website I was getting my info from http://www.vsure.com.au/can-your-employee-work-on-a-bridging-visa/. It states the below about 189 visa..... In other cases, the Bridging A will have unlimited work rights. This is the case where the person has applied onshore for an ENS (subclass 186), RSMS (subclass 187) or General Skilled Migration visa (subclass 189, 190 or 489). As I have applied onshore for a 189 visa should I not be entitled to unlimited work rights? Thanks Link to comment Share on other sites More sharing options...
Ozmaniac Posted October 28, 2014 Share Posted October 28, 2014 In November 2012, the Migration Regulations were changed to provide unrestricted work rights to BVA holders who had applied for the following visas. (a) Partner (Subclass 820); (b) Partner (Subclass 801); © Aged Parent (Subclass 804); (d) Contributory Aged Parent Temporary (Subclass 884); and (e) Contributory Aged Parent (Subclass 864). http://www.comlaw.gov.au/Details/F2012L02217/Explanatory%20Statement/Text I haven't heard of a similar change for any other visa applicants. Hopefully, one of the RMAs with answer your question. If not, you should consult one before you continue working beyond 6 months with the employer. In any case, what's the problem? It costs nothing to apply for the permission and it's most unlikely it will be refused. Link to comment Share on other sites More sharing options...
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