Are you on a 417 Working Holiday Visa or a 462 Work and Holiday Visa?

I know that you are probably working hard, playing hard and enjoying your time in Australia!

Have you ever wondered what the 6 month work restriction really means?

As you know, the purpose of the working holiday visa is to have a holiday, but also be able to work for short periods while you are here. If you land a great job, how long can you work for the company?

To start with, we should look at who your employer is.

Surely this is the company that is putting the money into my pocket right?

Not always. If you are working for a Labor hire company or recruitment agency, while they put the money into your pocket, for most purposes, they are your employer.

However, for visa purposes, they are not your employer. the company you are placed with is your employer.

What does all this mean? I hear you ask – Well, it means that as long as you don’t work for any one company for more than 6 months, you can work for the same Labor hire (recruitment agent) for the whole year of your working holiday visa.

 What if I want to work for my employer longer?

There is an option to extend your work with an employer for longer, but only under exceptional circumstances. This extension will in general only buy you a couple of extra weeks with an employer.

Please be aware that your definition of exceptional circumstances is most likely going to differ from those of the Department of Immigration. If you are unsure and would like to check, please contact us for a consultation where we can advise you on your options.

If you have applied for a skilled work visa, there is a possibility that you may be granted permission to work for a longer period with your employer.

If you have completed 3 months specified regional work, you may be eligible to apply for a second Working Holiday visa. If this is the case, you can return to your previous employer for a further 6 months as you are now hold a new visa.

If you previously held a Subclass 471 Working Holiday Visa or Subclass 462 Work and Holiday Visa, but you now hold a bridging visa waiting for the grant of another visa, you may be able to work for a further 6 months for an employer you have previously worked for. If you are unsure and would like to check, please contact us for a consultation where we can advise you on your options.

 What if I want to work for my employer permanently?

If you want to work for your employer permanently, or for longer than 6 months, you will need a different type of visa.

Some of your options include:

  • You could stay in Australia for up to 4 years if your employer will sponsor you for a Subclass 457 Visa.
  • You could stay in Australia permanently if your employer will sponsor you for skilled migration such as a Subclass 186 or Subclass 187 visa.
  • You could stay in Australia permanently if you meet the rules for a Skilled independent visa such as a subclass 189 or Subclass 190 visa.

To set sail today and Contact Us or book your Getways Session now.

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