What is the 6 month work limitation?

I’m on a Working Holiday Visa applying for a Partner Visa, am I still subject to the 6 month work limitation?

Many of our clients arrive in Australia on conditional Working Holiday Visas and a question we often get asked is, “If I’m on a Working Holiday Visa and then apply for a Partner Visa, am I still subject to the six month work limitation?”

The short answer to this is NO. Once you have applied for your Partner Visa, this rule may not apply to you while you are waiting for your Partner Visa application to be granted… However, it’s not automatic so read on…

What is required when I want to transition from a Working Holiday Visa to a Partner Visa?

You have to remember to complete and submit the required FORM 1445 at least two weeks before your current six month work limitation runs out. In addition to this, it is SUPER important to make sure you lodge the Partner Visa application before your valid Working Holiday Visa expires.

Is it THAT simple to apply for a Partner Visa while on a Working Holiday Visa?

It all really depends on your situation. Some situations are more complex than others.

In the accompanying video, I have touched on the topic; if you are in any doubt at all and want more information on the Visa types, form 1445 etc. please contact us directly for advice from one of our friendly and experienced MARA Registered Migration Agents. We would love to help!

Remember, every relationship and circumstance is unique and there is no ‘one- size-fits-all’ solution. Any advice we give will be specific to your particular situation.

Don’t forget to leave a comment below!  We love getting your questions and feedback. We read all your remarks and will reply if we can answer any questions. We may even use your comments to form the next blog topic.

 

Please Note: This does not constitute as Immigration advice. Always seek advice from a Registered Migration Agent before applying for an Australian Visa. Migration Law is constantly changing. This information is accurate only at the time of publication.

  • Natalie says:

    I am marrying my Australian partner in February of next year, but I am already looking into the application process for a Partner Visa. I would like to come to Australia as soon as we’re married and apply for this visa onshore. I am wondering what type of Visa I need to enter Australia in order to apply for the partner visa. I read that you can go on a visitor Visa, but does this mean that I don’t have work rights until my partner visa is granted (which can take over a year)?

    • Emma Drynan says:

      Hi Natalie, what country are you coming from? This can have an impact on what visa you can come in on.

  • Megan says:

    Hello, me and my partner are gathering out evidence to apply in July for the spouse visa. My WHV runs out in December so we’re trying to leave plenty of time.

    I’m working at the moment however my 6 months runs out in October. Do i simply have to form 1445 and I’m able to stay longer than that period?

    How early should I apply for the form 1445?

    Thanks

  • Alana says:

    Hello!

    I am Canadian my partner is Australian. We have been together for 6 and a half years and have been living in the UK (living together 4 years).

    We are looking at moving to Australia and applying for the partner visa. If I go on a working holiday visa and we apply for the partner visa right away, use the 1445, I am correct in understanding that I can theoretically work in the same job through the whole process?

    For example: 1st six months on working holiday visa, second six months on working holiday visa but using 1445 to stay in the same job, 2nd year bridging visa until on temp partner visa?

    Thank you for the clarification.

  • Nicola says:

    My partner has applied for the de facto visa and is currently filling out the 1445 form to remain in his current job longer. What should he put as a proposed end date for employment (ques. 16)? He isn’t on a specific contract and if he puts the end date of his WHV then would he have to do another 1445 to extend work again?

  • Em says:

    I have been on a worker holiday visa and applied for a second year extension, which was refused, then I was advised to apply for a merit review as my conditions should have resulted in an approval. Regardless, I am on a bridging visa now waiting for the response from the AAT, and I am looking into a partner visa with my partner. Will I be able to apply inside Australia and stay on bridging visa A while immigration process my application, or will I have to apply for the off shore partner visa?

    • Emma Drynan says:

      Hey Em, your situation is more complicated than a standard application, you will need to get a legal advice. Please give our office a call on 07 3063 1200.

  • About the Author Avelyn Chen MARN1800051

    I was born in Changsha (China), lived in Wuhan (China), and moved to Singapore when I was 8. So I speak Mandarin and Singlish. I might also speak a bit of Cat. I studied law and now specialise in migration law.

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