Can form 1445 (extend time with employer on WHV) be used if a offshore spouse visa is pending?

[bobby122]

Hi

 

I posted this on another thread and didn't receive any replies, but its quite important I understand if I can use it in my situation as it will affect if I can take a job or not. Basically can you use form 1445 if you have lodged an OFFSHORE partner visa? Please see below:

 

http://www.immi.gov.au/forms/Documents/1445.pdf 'Request permission to work with an employer beyond 6 months on a Working Holiday or Work and Holiday visa' form

 

The Department of Immigration and Border Protection (thedepartment) may give Working Holiday and Work and Holidayvisa holder’s permission to work for an employer beyond6 months where exceptional circumstances exist. Wherepermission is granted, it will generally be for a short period oftime (several days or weeks, not months).Exceptional circumstances must relate to an Australianpermanent resident, citizen or business and must beextraordinary and unforeseeable.Exceptional circumstances might include remaining in yourcurrent job for one of the following reasons:

• for a very short time (days or weeks) as you are critical to thecompletion of a specialised project that has unexpectedlygone over time (this generally only relates to highly skilledactivities, such as a lawyer in the middle of a trial or a doctorwho plans to operate on a patient they have been treating);

• performing disaster recovery work following a major disastersuch as clean-up, re-building or emergency managementactivities following a major flood;

• remaining in your current job while a decision is being madeon an application for a visa which would allow you to continuefull-time work with your employer without leaving Australia,such as an application for a Temporary Business (Long Stay)visa or a Spouse visa.

Note: For the department to take this information intoconsideration when assessing your employment extensionrequest, you must have lodged your visa application andmust be recorded in the department’s systems.

 

Exceptional circumstances do not include remaining in yourcurrent job because you:

• have the required skills or because of labour shortages;

• are required to complete a project in a job that is not highlyskilled eg. retail or administration;

• have applied or intend to apply for a visa which requires youto leave Australia at the time of grant eg. Skilled visa subclasses175, 176 and 475;

 

So the first bold part indicated it can but the second bold part sort of contradicts that as it is an offshore partner visa I have lodged.

 

Thanks

[Bungo]

Don't understand what you are trying to do as it looks like you are not even in Australia and by your time line it probably won't even be another six months until your partner visa? Could you explain a bit more?

[bobby122]

My post from the other thread:

 

Having just returned from Tasmania, I do have a little predicament now. I applied for a job at a school whilst here and they seem keen and have arrange a Skype interview for next week. They know the situation with my visa and how I will be entering on a WHV in preparation for my partner visa 309 being granted at the end of the year. However, they want the applicant to start 11th May (earlier than my intended date to return to oz which was early July)

 

So my problem is I would need the partner visa to be granted before 11th Nov to satisfy the WHV condition of only working for an employer for 6 months - which is 10.5 months after I applied.

 

Given that they are still working to 9 months, I'd say it may be possible but maybe not. I know No one can know for definate but anyone any thoughts?

 

I enjoyed Tas but I will be moving to a small town of 650 people - good jobs in my area of work don't come up often.

[Bungo]

Well I think the only way to know if you would get the extension would be to apply at the right time, as it is considered on case by case basis.

 

On what you have said though and in view of availability of roles, I think I would take a punt and cross my fingers. Tell the employer at interview that you are sure that you will get the partner visa within six months (not unreasonable). If you don't get the partner visa in time, go for the extension, also claiming that you were sure the partner visa would be through according to their servicing time lines. Hopefully the disruption to children through change of teacher would be one factor that would come into it.

[bobby122]

Thanks, it's not a teacher job which is one thing, will see what they say in the interview tomorrow.

[MaggieMay24]

If it says it only applies when you've applied for a visa that doesn't require you to leave Australia, then you wouldn't be eligible.

[Nemesis]

Thanks, it's not a teacher job which is one thing, will see what they say in the interview tomorrow.

 

Guess its possible they would allow it, after all if you apply onshore for a Spouse Visa from a WHV or tourist visa you can get the 6 month clause waived. The fact you've secured a job in a small town, in probably the worst state to gain employment is bound to go in your favour.