Cancelling 2nd working holiday visa (417)

[nualasand]

Hi everyone, 

I am seeking some guidance in regards to the situation I am in, I have struggled to find any information on this topic so far. Basically I did my 1st year working holiday visa and applied for my second while still in Australia upon completing my farm work with the intention of leaving Australia before my 1st year visa was officially up. However, it was granted from the date I applied and so I chose to cancel it as I would have missed two months of the visa if I stayed from the date it was granted.

I returned back to the UK and tried reapplying and was told since I cancelled it I could reapply again. My case has been escalated but I have no idea how long I will have to wait for a response and am desperate for any advice anyone can give me on this. I have very limited help from the department of home affairs.

Thanks so much for reading.

[paulhand]

4 hours ago, nualasand said:

Hi everyone, 

I am seeking some guidance in regards to the situation I am in, I have struggled to find any information on this topic so far. Basically I did my 1st year working holiday visa and applied for my second while still in Australia upon completing my farm work with the intention of leaving Australia before my 1st year visa was officially up. However, it was granted from the date I applied and so I chose to cancel it as I would have missed two months of the visa if I stayed from the date it was granted.

I returned back to the UK and tried reapplying and was told since I cancelled it I could reapply again. My case has been escalated but I have no idea how long I will have to wait for a response and am desperate for any advice anyone can give me on this. I have very limited help from the department of home affairs.

Thanks so much for reading.

Not sure what advice you are actually seeking? If you were in Australia, a second working holiday visa would have been granted for a period that ended 12 months from the date your previous WHV was due to expire, not 12 months starting the date of the grant (or application). Who suggested you cancel the visa and who is "escalating" your case? 

[nualasand]

5 hours ago, paulhand said:

Not sure what advice you are actually seeking? If you were in Australia, a second working holiday visa would have been granted for a period that ended 12 months from the date your previous WHV was due to expire, not 12 months starting the date of the grant (or application). Who suggested you cancel the visa and who is "escalating" your case? 

Thank you for your reply. 

I thought the second visa would come into effect when my first one was due to expire however, it started from the date it was granted as I now know you cannot hold to substantive visas at the same time.

As it started prior to when I was expecting it to and I already had plans to return home for 2 months I was told I could cancel it with no guarantee of a refund but not told that I would not have the opportunity to apply again despite not having technically used my 2nd one at all. 

I am now in the position where I cancelled it and am in the uk having been told you can’t apply for a whv twice. I have explained my case to the department of  home affairs and they say they have escalated the case. I have no idea what the outcome will be or how long I will have to wait. There seems to be a grey area around cancelling visas - whether the individual chose to cancel it or it was cancelled by the department because of whatever issues. 

[ali]

6 hours ago, nualasand said:

Thank you for your reply. 

I thought the second visa would come into effect when my first one was due to expire however, it started from the date it was granted as I now know you cannot hold to substantive visas at the same time.

As it started prior to when I was expecting it to and I already had plans to return home for 2 months I was told I could cancel it with no guarantee of a refund but not told that I would not have the opportunity to apply again despite not having technically used my 2nd one at all. 

I am now in the position where I cancelled it and am in the uk having been told you can’t apply for a whv twice. I have explained my case to the department of  home affairs and they say they have escalated the case. I have no idea what the outcome will be or how long I will have to wait. There seems to be a grey area around cancelling visas - whether the individual chose to cancel it or it was cancelled by the department because of whatever issues. 

What was the valid until date?  wondering if you in fact still only had one visa and that whilst the start date was the day of grant valid until the end of your existing visa- plus one year.

[paulhand]

7 hours ago, ali said:

What was the valid until date?  wondering if you in fact still only had one visa and that whilst the start date was the day of grant valid until the end of your existing visa- plus one year.

No, that wouldn’t have been the case. The new visa would have replaced the old one and had an expiry date of old visa expiry date +12 months. 

 

14 hours ago, nualasand said:

Thank you for your reply. 

I thought the second visa would come into effect when my first one was due to expire however, it started from the date it was granted as I now know you cannot hold to substantive visas at the same time.

As it started prior to when I was expecting it to and I already had plans to return home for 2 months I was told I could cancel it with no guarantee of a refund but not told that I would not have the opportunity to apply again despite not having technically used my 2nd one at all. 

I am now in the position where I cancelled it and am in the uk having been told you can’t apply for a whv twice. I have explained my case to the department of  home affairs and they say they have escalated the case. I have no idea what the outcome will be or how long I will have to wait. There seems to be a grey area around cancelling visas - whether the individual chose to cancel it or it was cancelled by the department because of whatever issues. 

Unfortunately, “technically” you did use your second visa because it came into effect when it was granted. 

This is, of course, one of the reasons we suggest that people never make visa decisions based on advice from the Department’s helpline. 

[nualasand]

21 minutes ago, paulhand said:

No, that wouldn’t have been the case. The new visa would have replaced the old one and had an expiry date of old visa expiry date +12 months. 

 

Unfortunately, “technically” you did use your second visa because it came into effect when it was granted. 

This is, of course, one of the reasons we suggest that people never make visa decisions based on advice from the Department’s helpline. 

Yes I see that now unfortunately I should have looked elsewhere on help forums. I emailed the feedback team with a complaint, trying to gain some advice and they have no told me your case has been escalated so I guess it is being reviewed again as to why I actually cancelled it. Do you know how likely the outcome of the visa being revoked would be? Thanks

[Raul Senise]

On 12/07/2019 at 17:56, nualasand said:

I returned back to the UK and tried reapplying and was told since I cancelled it I could reapply again.

 

On 13/07/2019 at 03:42, nualasand said:

I was told I could cancel it with no guarantee of a refund but not told that I would not have the opportunity to apply again despite not having technically used my 2nd one at all. 

I am now in the position where I cancelled it and am in the uk having been told you can’t apply for a whv twice. 

Can I ask who you were told these things by? as you have been given very bad advice.

[nualasand]

3 minutes ago, Raul Senise said:

 

Can I ask who you were told these things by? as you have been given very bad advice.

Thanks for your response. I went off what the home affairs department line said. Although speaking again to them now and directly asking them why I was not told I may not be able to reapply specifically or the outcome of the cancellation, I was told it was at the discretion of the individual. The home affairs website talks of canceled visas generally, not in terms of whether it was canceled by the department or personally which is obviously very different.

[nualasand]

1 hour ago, Raul Senise said:

 

Can I ask who you were told these things by? as you have been given very bad advice.

I noted this in my appeal, that I had gone off the indirect advice of the helpline and requested advice in my cancellation note but instead they went straight ahead and canceled it. I know if I can state the grounds of why the visa cancelation should be revoked there is a chance of appeal. 

[Wonderingaloud]

5 hours ago, nualasand said:

I noted this in my appeal, that I had gone off the indirect advice of the helpline and requested advice in my cancellation note but instead they went straight ahead and canceled it. I know if I can state the grounds of why the visa cancelation should be revoked there is a chance of appeal. 

You should never take advice from the immigration helpline, as odd as it sounds. They are apparently insured for all the incorrect and often bad advice they give out. The department will simply say you should have used a registered migration agent, and will not be held accountable. 

 

[nualasand]

2 hours ago, Wonderingaloud said:

You should never take advice from the immigration helpline, as odd as it sounds. They are apparently insured for all the incorrect and often bad advice they give out. The department will simply say you should have used a registered migration agent, and will not be held accountable. 

 

Yep I understand that now, hoping for the best though.