Guest sophie123 Posted December 8, 2010 Share Posted December 8, 2010 Hello, I'm really stuck & was wondering if somebody could please give me some advice... I've applied for a de-facto visa, my application reached immigration in April 09 & I haven't heard much more... Anyway, my problem is that I have had to leave two fab jobs because of the working restrictions on my visa(s). I came over on a WHV, meaning I can only work for six months at a time & I'm getting a bit fed-up with having to change jobs :skeptical: I know you can fill in Form 1005 but I'm confused as to why this gives me unlimited working restrictions...? I submitted form 1005 when during my time at my last job & immigration let me have an additional two weeks there whilst they decided on whether I qualified for financial hardship- which I didn't so I had to leave. What do I need to do to qualify for unlimited work rights? What do I need to put on Form 1005? Perhaps I'm filling it out wrong! I would really appreciate it if somebody could please help me out a bit as I have nobody else to ask. Cheers, Sophie Link to comment Share on other sites More sharing options...
Cez Posted December 8, 2010 Share Posted December 8, 2010 heya, I'm looking to apply for an onshore partner visa in march next year, my understanding is that once you are on a bridging visa, your six months with your current employer restarts at zero, allowing you an additional six months with that employer from the date of the bridging visa coming into effect. Once that six months is up then you can apply for a working extension because you have applied for an onshore visa which will enable you to stay in Oz permanently. Try this page, example one of the two occasions on which extensions will be granted. Working Holiday Visa (Subclass 417) good luck! Link to comment Share on other sites More sharing options...
Guest MarkandVerlie Posted December 8, 2010 Share Posted December 8, 2010 I have a couple of follow up questions to anyone that can help. We have a 176 SS application in progress in which my wife is the secondary applicant. She is here on a WHV and has worked for 5 months for the same employer. Does the "extension allowed if a decision is being made on a visa which allows you to work" Condition apply to her, as she is only the secondary applicant on the SS 176? Additional question..... how do Immigration know if you have worked for the same employer for longer than 6 months. Given the debacle that is Australian Immigration policy over the last couple of years, I wondered if they had enough resources to check you tax return etc? Link to comment Share on other sites More sharing options...
Guest sophie123 Posted December 8, 2010 Share Posted December 8, 2010 Hi Cez- thanks for your reply & good luck on your app! I should have also said that I'm actually on Bridging Visa now- my WHV expired last June. As I'm on a BV, I don't think I can fill in that form in can I? I remember filling that one out before. It'll have to be Form 1005, which I'm having problems with... Any ideas about this one? :eek: Thanks again, Sophie. Link to comment Share on other sites More sharing options...
Cez Posted December 8, 2010 Share Posted December 8, 2010 MarkandVerlie - I would have thought she would be eligible as she is awaiting the outcome of a permanent visa application, def worth applying I would've thought. It is tempting to go over the 6 month limit, however I decided it wasn't worth the risk of deportation and being banned from Oz for three years or more. I don't think it is very closely policed, focus appears to be on the misuse of second year WHVs but I still don't think the risk is worth it.... Sophie123, form 1005 appears to be a bridging visa application form? The website link I posted only mandates that you submit your visa application before requesting the work extension, I reckon it's definitely worth a shot, it's what I'll be doing next year, had enough of job swapping every six months! Are the circumstances different - when did you last fill in the extension form, was it before or after you submitted your partner visa application? Link to comment Share on other sites More sharing options...
Cez Posted December 8, 2010 Share Posted December 8, 2010 I have a couple of follow up questions to anyone that can help. We have a 176 SS application in progress in which my wife is the secondary applicant. She is here on a WHV and has worked for 5 months for the same employer. Does the "extension allowed if a decision is being made on a visa which allows you to work" Condition apply to her, as she is only the secondary applicant on the SS 176? Additional question..... how do Immigration know if you have worked for the same employer for longer than 6 months. Given the debacle that is Australian Immigration policy over the last couple of years, I wondered if they had enough resources to check you tax return etc? Hiya, sorry, having downloaded the form to have a closer look, it seems that you can't apply for an extension to the six month working limit if you are applying for a 175, 176, 475 or other visas which require you to go offshore to validate them.... Ceri Link to comment Share on other sites More sharing options...
Guest MarkandVerlie Posted December 8, 2010 Share Posted December 8, 2010 Ok, that makes sense..... Thanks Link to comment Share on other sites More sharing options...
Guest MarkandVerlie Posted December 8, 2010 Share Posted December 8, 2010 I don't think it is very closely policed, focus appears to be on the misuse of second year WHVs but I still don't think the risk is worth it.... Thanks for taking the time to do that, from what I've heard and seen, the focus is definately on the second year, and you're absolutely right, It's not worth risking everything we've worked and waited so patiently for.......... Link to comment Share on other sites More sharing options...
Pumpkin Posted December 8, 2010 Share Posted December 8, 2010 Hello,I'm really stuck & was wondering if somebody could please give me some advice... I've applied for a de-facto visa, my application reached immigration in April 09 & I haven't heard much more... Anyway, my problem is that I have had to leave two fab jobs because of the working restrictions on my visa(s). I came over on a WHV, meaning I can only work for six months at a time & I'm getting a bit fed-up with having to change jobs :skeptical: I know you can fill in Form 1005 but I'm confused as to why this gives me unlimited working restrictions...? I submitted form 1005 when during my time at my last job & immigration let me have an additional two weeks there whilst they decided on whether I qualified for financial hardship- which I didn't so I had to leave. What do I need to do to qualify for unlimited work rights? What do I need to put on Form 1005? Perhaps I'm filling it out wrong! I would really appreciate it if somebody could please help me out a bit as I have nobody else to ask. Cheers, Sophie What visa have you applied for? There is no such thing as a "defacto visa" so I am not sure. There is a Partner Visa, which one can apply for as a spouse or defacto partner. Or one can be a defacto dependent upon another visa application.. I am just asking because if you mean the partner visa, I would be asking why on earth you have not had your outcome yet when you applied in April 2009! :wink: Link to comment Share on other sites More sharing options...
Raul Senise Posted December 8, 2010 Share Posted December 8, 2010 Hello,I'm really stuck & was wondering if somebody could please give me some advice... I've applied for a de-facto visa, my application reached immigration in April 09 & I haven't heard much more... Anyway, my problem is that I have had to leave two fab jobs because of the working restrictions on my visa(s). I came over on a WHV, meaning I can only work for six months at a time & I'm getting a bit fed-up with having to change jobs :skeptical: I know you can fill in Form 1005 but I'm confused as to why this gives me unlimited working restrictions...? I submitted form 1005 when during my time at my last job & immigration let me have an additional two weeks there whilst they decided on whether I qualified for financial hardship- which I didn't so I had to leave. What do I need to do to qualify for unlimited work rights? What do I need to put on Form 1005? Perhaps I'm filling it out wrong! I would really appreciate it if somebody could please help me out a bit as I have nobody else to ask. Cheers, Sophie Hello, I'm really stuck & was wondering if somebody could please give me some advice... I've applied for a de-facto visa, my application reached immigration in April 09 & I haven't heard much more... If you applied for a spouse visa in APRIL 2009 and do not yet have a decision you should contact the Immigration Department straight away and find out what is happening. Back then these visas were taking a few months to process. Anyway, my problem is that I have had to leave two fab jobs because of the working restrictions on my visa(s). I came over on a WHV, meaning I can only work for six months at a time & I'm getting a bit fed-up with having to change jobs I know you can fill in Form 1005 but I'm confused as to why this gives me unlimited working restrictions...? I submitted form 1005 when during my time at my last job & immigration let me have an additional two weeks there whilst they decided on whether I qualified for financial hardship- which I didn't so I had to leave. What do I need to do to qualify for unlimited work rights? What do I need to put on Form 1005? Perhaps I'm filling it out wrong! I would really appreciate it if somebody could please help me out a bit as I have nobody else to ask. Cheers, Sophie If you have applied for a spouse visa you can request for the 6 month work limitation to be lifted. Link to comment Share on other sites More sharing options...
Guest sophie123 Posted December 8, 2010 Share Posted December 8, 2010 Hi Pumpkin, Yes- sorry... I meant the partner visa. Yeah, it seems to be taking ages... Not sure why apart from the fact they may just be really busy :sad:I handed my application into them during April 2009. I contacted them a couple of weeks ago & they just said they have a backlog & that they'd be looking at my application end of Dec/early Jan. I was assigned a case officer quite quickly as well but now I don't have one anymore (they emailed & told me this) which I thought was really strange. Do you think I'll get an answer by Jan then or will they just look at it & perhaps ask for more evidence? I provided everything on the list & more but who knows... Thanks, Sophie What visa have you applied for? There is no such thing as a "defacto visa" so I am not sure. There is a Partner Visa, which one can apply for as a spouse or defacto partner. Or one can be a defacto dependent upon another visa application.. I am just asking because if you mean the partner visa, I would be asking why on earth you have not had your outcome yet when you applied in April 2009! :wink: Link to comment Share on other sites More sharing options...
Guest sophie123 Posted December 8, 2010 Share Posted December 8, 2010 Hi ABA, I have contacted immigration & they said they'd look at my application end of Dec, early Jan- just said they're extremely busy. I have applied for a partner/spouse visa & I'm currently on a Bridging Visa... How do I apply to have the 6 month work limitation lifted? Do I have to fill out Form 1005 because I did this before (at my last company) & they wouldn't let me stay on... I wondered whether perhaps I hadn't filled it out correctly. Thanks- Soph If you applied for a spouse visa in APRIL 2009 and do not yet have a decision you should contact the Immigration Department straight away and find out what is happening. Back then these visas were taking a few months to process. If you have applied for a spouse visa you can request for the 6 month work limitation to be lifted. Link to comment Share on other sites More sharing options...
Raul Senise Posted December 8, 2010 Share Posted December 8, 2010 Hi ABA, I have contacted immigration & they said they'd look at my application end of Dec, early Jan- just said they're extremely busy. I have applied for a partner/spouse visa & I'm currently on a Bridging Visa... How do I apply to have the 6 month work limitation lifted? Do I have to fill out Form 1005 because I did this before (at my last company) & they wouldn't let me stay on... I wondered whether perhaps I hadn't filled it out correctly. Thanks- Soph “Extending the work limitation Remaining in your current job while a decision is being made on an application for a visa which would allow you to continue full time work with your employer without leaving Australia. Example: Subclass 457 – Temporary Business (Long Stay) visa, Subclass 820 – Spouse visa. Note: If you intend to apply for a work extension on the basis of such a visa application, you must lodge the visa application before submitting the work extension request. Please direct your request to the Immigration office that is processing your visa application.” Link to comment Share on other sites More sharing options...
Guest Rexi Posted December 8, 2010 Share Posted December 8, 2010 Hi Sophie, While applying for an on shore partner visa I was on a bridging visa from a holiday visa and my husband was unemployed at the time I filled out form 1005 for full work rights. I included our rent receipt and a shopping bill and the work rights came through in a few days. I only heard from my case officer once to say my visa was granted after about 4 months. I can't believe that you have been waiting for over 18 months! Have you had any professional advice from an agent as this is well below their service standard. Are you able to use the VEVO on the DIAC website to shed any light? Good Luck with everything - hope they do sort it out in the next few months Clare Link to comment Share on other sites More sharing options...
Cez Posted December 8, 2010 Share Posted December 8, 2010 Hi Sophie, While applying for an on shore partner visa I was on a bridging visa from a holiday visa and my husband was unemployed at the time I filled out form 1005 for full work rights. I included our rent receipt and a shopping bill and the work rights came through in a few days. I only heard from my case officer once to say my visa was granted after about 4 months. I can't believe that you have been waiting for over 18 months! Have you had any professional advice from an agent as this is well below their service standard. Are you able to use the VEVO on the DIAC website to shed any light? Good Luck with everything - hope they do sort it out in the next few months Clare Bear in mind that filling in a 1005 to gain full work rights from a holiday visa is entirely different to requesting an extension of the 6 month limit on a working holiday visa. If you applied for an extension of the six months while you were on the WHV (not the bridging visa) then it is difficult to get - the example they give is for a lawyer in the middle of a trial. Link to comment Share on other sites More sharing options...
Guest sophie123 Posted December 8, 2010 Share Posted December 8, 2010 Hi Clare, I tried this @ my last company... I said I would be in Financial Hardship if I lost my job- which I was but they didn't lift the work restriction so I had to leave :sad: it's happening again now. To be honest, I'll probably just have to put up with it & try & find another job again because I don't think there's anything else I can do. Thanks for your advice though :smile: Soph Link to comment Share on other sites More sharing options...
Cez Posted December 8, 2010 Share Posted December 8, 2010 Sophie, I don't think you're listening. If you've applied for a partner visa and were previously on a WHV and are now on a bridging visa, then THERE IS NO REASON WHY YOU SHOULD HAVE TO LEAVE YOUR JOB AFTER SIX MONTHS. You just need to fill in the right form from the link I sent you. I've told you this, as has a Registered Migration Agent on the previous page, who would definitely know the system better than either of us. You need to take advice if you're looking for it. Link to comment Share on other sites More sharing options...
Guest sophie123 Posted December 8, 2010 Share Posted December 8, 2010 Cez- it isn't that I'm not listening & do not want advice, I just don't really understand it all but I'm trying! I looked at the link you sent me but I'm confused because I just thought that was for people on a WHV...? I will give that one a shot anyway. Thanks. Link to comment Share on other sites More sharing options...
Cez Posted December 8, 2010 Share Posted December 8, 2010 Cez- it isn't that I'm not listening & do not want advice, I just don't really understand it all but I'm trying!I looked at the link you sent me but I'm confused because I just thought that was for people on a WHV...? I will give that one a shot anyway. Thanks. Yes, but you were on a WHV and your work restriction is based on this. It says you need to apply for your new visa before applying for a work extension, that's all. So now you've applied for your partner visa and are on a bridging visa, you should be able to get the six month restriction lifted. Link to comment Share on other sites More sharing options...
Guest sophie123 Posted December 9, 2010 Share Posted December 9, 2010 Great, OK. Well I'll try this, thanks for your help. Sophie Link to comment Share on other sites More sharing options...
Guest sophie123 Posted December 13, 2010 Share Posted December 13, 2010 Cez- I did exactly what you said, followed the link you sent me & filled that form in & immigration came back to me & said this is the incorrect form. They said I have to fill in form 1005... Link to comment Share on other sites More sharing options...
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