# Withdrawing a visa and applying for another



## Renny (May 18, 2012)

Hi,

My wife applied for a Work and Holiday Visa but due to being pregnant we have to withdraw the application as she can't have a dependant child with her on the visa.

We now want to apply for a ETA 976. 

My questions are:

She did come over to Australia in May on a ETA976, did applying for the Work and Holiday Visa cancel out the ETA?

We have sent an email in stating we want to withdraw our application for the Work and Holiday Visa, if the ETA was cancelled should be wait till the visa is withdrawn before applying for the ETA or we can do it straight away?

She is planning on coming over on the 28th of dec so we are completely stressing out!!


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## neala (Sep 17, 2012)

I have understood that applying for another visa doesn't cancel an existing visa - only if she was granted a new visa, the old one would have gotten cancelled at the same time.

I'm not completely sure if it works but you might wanna check out if the visa can be seen on Vevo - after all it's meant for confirming current visa details; Visa Entitlement Verification Online (VEVO)


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## Renny (May 18, 2012)

Thanks neala for the reply.

I just talked with my wife and she can't find her reference number so couldn't find out using the vevo site, so I'm going to call Immi to find out.


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## MarkNortham (Dec 19, 2012)

Hi Renny -

Applying for a visa would not cancel out or change an existing visa, and you can always withdraw a visa application prior to decision. An important item would be to get some sort of response from DIAC evidencing the fact that they have successfully processed your request to withdraw your visa application. 

Best,

Mark Northam
Registered Migration Agent MARN 1175508


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## mpbanaag (Dec 1, 2013)

MarkNortham said:


> Hi Renny -
> 
> Applying for a visa would not cancel out or change an existing visa, and you can always withdraw a visa application prior to decision. An important item would be to get some sort of response from DIAC evidencing the fact that they have successfully processed your request to withdraw your visa application.
> 
> ...


Hi Mark,

If in case you will withdraw a 887 visa application due to a suspected PIC 4020 before a decision is made, can you lodge another visa application? We are on 475 and visa will expire on Oct. 2014, can we apply 489 extended pathway instead? Urgently needed help.

Thanks,
mpbanaag


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## MarkNortham (Dec 19, 2012)

Hi -

Re: can you lodge a different application after you withdraw one after PIC 4020 concerns? Answer: Yes, assuming there are no other issues such as Schedule 3. Since you still hold a substantive visa, that would likely eliminate any potential Schedule 3 issues. Beyond that, not possible for me to assess whether you meet the requirements for any other type of application (ie, 489) without seeing all your documents and getting more info in a consultation.

Hope this helps -

Best,

Mark Northam



mpbanaag said:


> Hi Mark,
> 
> If in case you will withdraw a 887 visa application due to a suspected PIC 4020 before a decision is made, can you lodge another visa application? We are on 475 and visa will expire on Oct. 2014, can we apply 489 extended pathway instead? Urgently needed help.
> 
> ...


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## mpbanaag (Dec 1, 2013)

Thanks Mark, Schedule 3 issues would mean being staying unlawful? I don't believe we have issues such as that as we still have a valid visa until 4 Oct 2014. Actually, we have already approached a migration lawyer and proposed to him if we could withdraw our 887 visa application due to complications of a certain document suspected of PIC 4020. He said if we withdraw our application now, we cannot apply for another visa within 12 months. So we are very confused of your advise which is different from his. We have limited time as only given 28 days from 31 July 2014 to decide whether:
1. To withdraw the current 887 visa application and apply for a new visa;
2. Apply for a new visa now (subclass 489-Extended pathway) and wait for decision of the current 887 visa application.
That is really what we wanted to know on how to move forward as we are really on a very difficult situation at the moment. Thank you for your help.

Regards
mpbanaag


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## mpbanaag (Dec 1, 2013)

MarkNortham said:


> Hi -
> 
> Re: can you lodge a different application after you withdraw one after PIC 4020 concerns? Answer: Yes, assuming there are no other issues such as Schedule 3. Since you still hold a substantive visa, that would likely eliminate any potential Schedule 3 issues. Beyond that, not possible for me to assess whether you meet the requirements for any other type of application (ie, 489) without seeing all your documents and getting more info in a consultation.
> 
> ...


 Thanks Mark, Schedule 3 issues would mean being staying unlawful? I don't believe we have issues such as that as we still have a valid visa until 4 Oct 2014. Actually, we have already approached a migration lawyer and proposed to him if we could withdraw our 887 visa application due to complications of a certain document suspected of PIC 4020. He said if we withdraw our application now, we cannot apply for another visa within 12 months. So we are very confused of your advise which is different from his. We have limited time as only given 28 days from 31 July 2014 to decide whether:
1. To withdraw the current 887 visa application and apply for a new visa;
2. Apply for a new visa now (subclass 489-Extended pathway) and wait for decision of the current 887 visa application.
That is really what we wanted to know on how to move forward as we are really on a very difficult situation at the moment. Thank you for your help.

Regards
mpbanaag


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## MarkNortham (Dec 19, 2012)

Hi Mpbanaag -

Thanks for the note and sorry for the confusion - there is a 12 month lookback period pertaining to any visas held by the applicant in the 12 month period prior to application for a successive visa, however the regulations are complex regarding that area - would need to see you in a consultation and get all the details of your past application(s) and specific correspondence from DIBP in order to give you specific advice for your case. PIC4020 is messy and complicated - no simple answers available, unfortunately.

Hope this helps -

Best,

Mark Northam


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## mpbanaag (Dec 1, 2013)

MarkNortham said:


> Hi Mpbanaag -
> 
> Thanks for the note and sorry for the confusion - there is a 12 month lookback period pertaining to any visas held by the applicant in the 12 month period prior to application for a successive visa, however the regulations are complex regarding that area - would need to see you in a consultation and get all the details of your past application(s) and specific correspondence from DIBP in order to give you specific advice for your case. PIC4020 is messy and complicated - no simple answers available, unfortunately.
> 
> ...


Thanks Mark. Yeah, indeed PIC4020 is indeed very complicated. But still I do not understand what 12 month look back period means. Will it hinder us from applying a fresh visa application if we decided to withdraw our 887 visa application? Anyway, we will just wait for the advice of our migration lawyer here in Tasmania. We are extremely desperate for our options available. Thank you very much for your time.

mpbanaag


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