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com5984

How to extend working visa

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2 hours ago, com5984 said:

I am currently nearing the end of my working visa, is there anything I can do to stay? If I went back to Korea and reapplied would that work?

Cheers

 

Welcome to the Australian Visa Forum,

Can your firstly confirm whether you are currently on a Working Holiday visa (subclass 417)?


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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

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1 hour ago, com5984 said:

Yes that is correct

Does your current Working Holiday visa have Condition 8503 attached to it?

Please refer to your visa grant notice. It will say whether your visa is subject to this condition or not.

You might want to list here all the conditions that your current visa has.


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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

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18 hours ago, AFV said:

 

Does your current Working Holiday visa have Condition 8503 attached to it?

Please refer to your visa grant notice. It will say whether your visa is subject to this condition or not.

You might want to list here all the conditions that your current visa has.

Visa conditions

8547 - EMPLOYER WORK LIMITATION

8548 - STUDY LIMITATION

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7 hours ago, com5984 said:

Visa conditions

8547 - EMPLOYER WORK LIMITATION

8548 - STUDY LIMITATION

As you do NOT have the condition 8503 attached to your current Working Holiday, you are able to apply for any other visa in Australia that you meet the criteria for. This can include a second working holiday visa:

To apply for a second Working Holiday (Temporary) visa (subclass 417), you must:

  • have complied with all the conditions on your first Working Holiday visa
  • have not previously held more than one Working Holiday visa
  • have completed three months of specified work in regional Australia while on your first Working Holiday visa
  • have not yet turned 31 years of age.
  • If you are already in Australia, and wish to remain onshore, you should apply for a second Working Holiday visa before your current visa expires and before you have turned 31 years of age.

However, if you apply for a visitor visa (tourist) subclass 600 you need to be aware of clause 600.215 of the Migration Regulations.

Clause 600.215 of the Migration Regulations requires that where the grant of the visa would result in the applicant staying consecutively in Australia for more than 12 months, there must be exceptional circumstances for the grant of the visa. The term ‘exceptional’ is not defined in the legislation and is given its’ ordinary English meaning. The Macquarie Dictionary refers to ‘exceptional’ as ‘forming an exception or unusual instance, unusual, extraordinary’. I am not aware of any specific relevant court authority on the meaning of “exceptional circumstances” in the context of cl.600.215. However, If an applicant is seeking to apply for a visitor visa of more than 12 months, the decision maker will rely upon their policy document known as the Procedures Advice Manual. The best way to describe this, is that it provides guidance and instructions on the interpretation of the Migration Act and Regulations. The policy gives examples of exceptional circumstances for authorising a stay longer than 12 consecutive months, including:

the death, serious illness or serious medical condition of a member of the visa applicant’s close family in Australia, in circumstances where the visa applicant is required to stay in Australia to provide assistance or support                

a change in the applicant’s circumstances (or the circumstances of an Australian resident) that:

could not have been anticipated at the time their visitor visa was granted and

is beyond the visa applicant’s control and

where not granting a visa would cause significant hardship to an Australian resident or citizen.


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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

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