417 visa expiring/cancelled, any advice

[skizza83]

Hi there,

My partner applied for a 417 WHV last year in October. It was due to expire in a few weeks time and unfortunately would not have been able to enter Australia in time to activate the visa to use it. We spoke to the Department of Home Affairs and they said on the phone it maybe best to cancel it as long as she meets the eligibility criteria & re-apply. We proceeded and cancelled the visa using the Immi account. This was around 6 days ago but the visa is still showing as active & has not been officially cancelled yet. One thing we are now very concerned about is in the Eligibility for the re-application. It states:

You must not have previously entered Australia on a: Working Holiday visa (subclass 417) - Which is fine, as this was never activated.

You must not had a visa cancelled or an application refused. We will consider your immigration history when we make a decision on your application, which means you might not be eligible for this visa if you have had a visa cancelled or refused. In some circumstances you may still apply for a permanent visa if you have had a visa cancelled or an application refused see Limitations on applications in Australia. 

Now technically we cancelled the visa voluntarily so maybe this could be classed as had a visa cancelled?

She is unsure of what to do now, wether to fully wait until the original 417 cancellation has been fully processed (but then risking the fact that the criteria states you cannot have had another visa cancelled even though it was voluntarily), or to re-apply now (which could also be risky due to requesting the cancellation of the original visa in the first place). Does anyone have any advice on the best method to take?

When contacting The Department of Home Affairs to ask for advice on the situation, it seems to be a bit of a grey area in terms of the cancellation rule which has obviously let her very worried. In the cancellation note / box, she did write in there that she wanted to cancel to re-apply for the 417 to give her a little extra time to enter Australia)

Any help would be really appreciated.

Thank you

[Nemesis]

Speaking to a registered agent would probably be better than to the Dept phoneline, which is notorious for giving bad or incomplete information.

[Marisawright]

Unfortunately the Immi phone line is notorious for giving bad advice. I don't know the answer but it's too late to wonder now, all she can do is try to reapply and see what happens 

[paulhand]

The advice you were given is wrong. She should have just let the visa expire naturally. I doubt that this will affect another application, but you will have to try to make sure. 

[skizza83]

thanks everyone. The advice is really appreciated, she obviously does not want to jepordise the future application as its kind of a once in a life time opportunity. We both naturally thought phoning The Department of Home Affairs would of been the most sensible idea for advice, but it sounds like the opposite which is typical. As it stands right now, the visa is still active in the system, she checked via Vevo this morning and the cancellation she requested earlier this week has not actually been processed yet. Do you think its wise to re-apply right now before this cancellation is reflected / and has been proccesed? I mean, technically as it stands then she still would meet at the critera, as there is no cancelled visa but the worry is if it may just over complicate it (but hopefully the agent may read the cancellation note which was added from her, and potentially make the correct decision).

thank you

Edited October 1, 2023 by skizza83
I wrote the same thing twice

[skizza83]

Wont let her re-apply. In the Immi account it says:

Applicants that have previously been granted and entered Australia on a Working Holiday (subclass 417) visa or a Work and Holiday (subclass 462) visa are not able to apply for a visa of this type. Check the details provided and correct if necessary. The applicant will not be able to continue and should review the eligibility information on our website.

Even though she has not entered Australia, but she was granted a 417

[Nemesis]

10 minutes ago, jack4500 said:

 

Navigating visa processes can be quite intricate, especially when facing unforeseen circumstances like cancellation and reapplication. While your partner's situation may seem complex, it's essential to understand the implications and explore all available options. Cancelling the visa voluntarily could indeed be considered as having had a visa cancelled, albeit under different circumstances. However, it's crucial to communicate this clearly in any subsequent applications and provide necessary explanations to the Department of Home Affairs.

In terms of next steps, it might be prudent to wait until the original visa cancellation has been fully processed before proceeding with a reapplication. This allows for a clearer understanding of the status and ensures compliance with eligibility criteria. Additionally, seeking advice from immigration experts or legal professionals specializing in visa matters could provide valuable insights and guidance tailored to your specific situation.

Remember, transparency and adherence to regulations are key when dealing with visa applications and cancellations. By approaching the process thoughtfully and seeking appropriate assistance, you can navigate this challenging situation with confidence and clarity.

This thread is from October 2023, any advice is rather late for the OP I feel

Edited May 14, 2024 by Nemesis