Working holiday visa - 6 month restriction

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Working holiday visa - 6 month restriction


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  #1 (permalink)  
Old 06-21-2011, 06:01 AM
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Working holiday visa - 6 month restriction

Hi,

I have a question in realation to my working holiday visa. Does the 6 month limitation mean that it must be a 6 month consecutive period with one firm/employer or can the 6 months be divided up i.e. 3 months with one firm, a few months with another, and then back to the original firm?

Also, if you worked for 3 months with a firm and then wanted to work for that same firm on a part time basis only - how long could you work for them for?

What I'd really like to know is the 6 months cumulative or consecutive i.e. can the six months be added up cumulatively over the year?

I hope my questions are clear!

Many thanks!


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Old 06-21-2011, 07:42 AM
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I'm assuming you have a subclass 417? I think it means you can work 6 months continuously with the same employer:

Working
You can do any kind of work in Australia. However, you can only work with the same employer for up to six months.


You can get an extension of the 6 months if you want to work for the same empoyer, but it is extremely hard to do so:

Extending the work limitation
Requests to extend the employment period beyond six months are only granted in exceptional circumstances. An extension may be allowed for a very short period of time (less than one month) and only if there is very strong justification to grant it.

Exceptional circumstances must be extraordinary and unforeseeable, and relate to an Australian permanent resident, citizen or business.

Exceptional circumstances might include:

•Remaining in your current job for a very short time (less than one month) as you are critical to the completion of a specialised project that has unexpectedly gone over time. This generally only relates to highly skilled activities.
Example: A lawyer in the middle of a trial.
•Performing disaster recovery work following a major disaster.
Example: Clean-up, re-building or emergency management activities following a major flood.
•Remaining in your current job while a decision is being made on an application for a visa which would allow you to continue full time work with your employer without leaving Australia.
Example: Subclass 457 – Temporary Business (Long Stay) visa, Subclass 820 – Spouse visa.
Note: If you intend to apply for a work extension on the basis of such a visa application, you must lodge the visa application before submitting the work extension request. Please direct your request to the Immigration office that is processing your visa application.
Exceptional circumstances do not include remaining in your current job because you:

•have the required skills or because of labour shortages
•are required to complete a project in a job that is not highly skilled
Example: retail or administration
•intend to apply for another visa that permits you to work but have not yet lodged the application with the department
•are not able to apply for another kind of visa.
Submit your completed form ’Request permission to work with an employer beyond six months on a Working Holiday or Work and Holiday visa’ to the department, at least two weeks before the expiry of the six month employment limitation.
See: Request Permission to Work with an Employer Beyond Six Months on a Working Holiday or Work and Holiday Visa (101KB Word file)

Note: You may be required to provide a letter of support from your employer.

Visa holders who work for more than six months with an employer without prior written permission from the department are in breach of their visa condition and their visa may be cancelled.


Hope this answers your questions.

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Old 06-22-2011, 02:43 AM
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Thansk so much for your reply --very helpful. Yes it's the 417!


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Old 07-13-2011, 12:39 PM
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Thanks for this info! My partner has been offered a 9-month position with a new employer to start next week and we are applying for his partner visa (820) in 5 weeks. He is on a WHV at present and hasn't been working so far. We are hoping that if his 820 visa hasn't come through by January 2012 (when his work restriction kicks in) that we can apply for an extension of his work limitation based on the fact he has his 820 application in for consideration.

Has anyone had any luck with this??


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Old 07-13-2011, 01:25 PM
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Quote:
Originally Posted by eshadlow
Thanks for this info! My partner has been offered a 9-month position with a new employer to start next week and we are applying for his partner visa (820) in 5 weeks. He is on a WHV at present and hasn't been working so far. We are hoping that if his 820 visa hasn't come through by January 2012 (when his work restriction kicks in) that we can apply for an extension of his work limitation based on the fact he has his 820 application in for consideration.

Has anyone had any luck with this??


When does his current WHV expire?? The bridging visa only kicks in when your current visa expires and so if your partner still has at least three months left on his WHV he can work for the full nine months, three of these on the WHV and the other six on the bridging visa... This is because the bridging visa work limitation resets itself and so you can work for another six months with an employer you have previously worked with.

I hope is makes some sense!!



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Old 01-04-2013, 10:28 AM
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Has anyone had success extending the six month limit. That's exact what I'm hoping to do.


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Old 01-04-2013, 02:15 PM
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Whitney,
The Bridging Visa A you're likely going onto when your WHV expires. I am in the same boat, on a WHV that expires at the end of the month. My BVA letter said it gave me right to unrestricted work, so maybe yours is the same?


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Old 01-30-2014, 05:28 AM
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Quote:
Originally Posted by Tjw25 View Post
When does his current WHV expire?? The bridging visa only kicks in when your current visa expires and so if your partner still has at least three months left on his WHV he can work for the full nine months, three of these on the WHV and the other six on the bridging visa... This is because the bridging visa work limitation resets itself and so you can work for another six months with an employer you have previously worked with.

I hope is makes some sense!!

You say it reset the work limitation, is the same for the WHV? if I work few months at the end of my first year, can I still work 6months with my previous employer but my 2nd WHV?


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Old 01-30-2014, 05:54 AM
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No. A bridging visa A has full work rights. WHVs have work restrictions. The six-month restriction for each employer will still apply when you go onto your second WHV.

__________________
Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

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Old 01-30-2014, 07:24 AM
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On your second whv you can work another six months for an employer whom you worked for on your first whv.

CollegeGirl likes this.


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