Hey there,
I spent hours last night reading through as many threads as I could find on this issue and have learned a lot, so thank you for everyone for all the wonderful advice. I was hoping to gain a bit more clarity and would appreciate any help you can offer us.
Here's the backstory: My Australian boyfriend's WHV expired this september. We talked to an immigration lawyer and we were told that we could apply for an extension, knowing it wouldn't be accepted, but that he would have implied status until we heard back and he could continue working. Our plan before Covid hit was for me to get my WHV for australia and we were going to go there after his visa ran out. We applied for the extension to buy us time, hoping the australian borders would open up. Sadly, it doesn't seem like that is going to happen anytime soon.
After reading up on it last night, we learned that there is no implied status. At this point, we are not sure how to proceed. We applied with a paper application and we haven't recived a ROA or anything on his online account. We were hoping to get married and start his PR since Australia doesn't seem like a viable option any longer. We have a few questions.
1. Do we just hang on tight and wait for the appliation to be processed? At that point, it seems like after it is refused, he would be given 90 days to restore his status as a visitor. Is that correct?
2. Is it better to try to withdraw it and apply for status restoration? Due to Covid, we have until Dec 31 to do so.
3. In terms of spousal sponsorship, will this overstaying on his visa hurt us?
4. And at point are we able to begin his sponsorship? Right now, it seems like he is out of status. So do we need to wait until he has visitor status to do so?
I apologize for all of the questions, but COVID has thrown a huge wrench in our plans (as I am sure it has for most of us) and we are just trying to not get seperated from each other if we can help it. Let me know if we can offer any more information. Thank you!!
I spent hours last night reading through as many threads as I could find on this issue and have learned a lot, so thank you for everyone for all the wonderful advice. I was hoping to gain a bit more clarity and would appreciate any help you can offer us.
Here's the backstory: My Australian boyfriend's WHV expired this september. We talked to an immigration lawyer and we were told that we could apply for an extension, knowing it wouldn't be accepted, but that he would have implied status until we heard back and he could continue working. Our plan before Covid hit was for me to get my WHV for australia and we were going to go there after his visa ran out. We applied for the extension to buy us time, hoping the australian borders would open up. Sadly, it doesn't seem like that is going to happen anytime soon.
After reading up on it last night, we learned that there is no implied status. At this point, we are not sure how to proceed. We applied with a paper application and we haven't recived a ROA or anything on his online account. We were hoping to get married and start his PR since Australia doesn't seem like a viable option any longer. We have a few questions.
1. Do we just hang on tight and wait for the appliation to be processed? At that point, it seems like after it is refused, he would be given 90 days to restore his status as a visitor. Is that correct?
2. Is it better to try to withdraw it and apply for status restoration? Due to Covid, we have until Dec 31 to do so.
3. In terms of spousal sponsorship, will this overstaying on his visa hurt us?
4. And at point are we able to begin his sponsorship? Right now, it seems like he is out of status. So do we need to wait until he has visitor status to do so?
I apologize for all of the questions, but COVID has thrown a huge wrench in our plans (as I am sure it has for most of us) and we are just trying to not get seperated from each other if we can help it. Let me know if we can offer any more information. Thank you!!