Two basic visa subclasses which allow tourists to go on an extended holiday in Australia and at the same time be employed to earn funds for their stay in the country. These visa subclasses are Working Holiday (subclass 417) and Work and Holiday (subclass 462). One condition for the grant of either of these visas is the application of condition 8547, which limits the length of the employment to a maximum of six (6) months. Furthermore, the condition stipulates that ‘the holder must not be employed by any one employer for more than six (6) months, without the prior permission in writing of the Secretary.’
Only in limited circumstances can a subclass visa 417 or subclass 462 can extend their employment beyond the six (6) month term. Examples of these limited circumstances are as follows:
For the employment extension request purposes, Northern Australia comprises all of the Northern Territory, specific areas of Queensland and Western Australia above the Tropic of Capricorn.
It must be duly noted that for the Department of Home Affairs to consider these exceptional circumstances when assessing the extension request, an application for a visa must have been lodged in the Department’s system.
The following are not considered as exceptional circumstances to allow you to extend with your current employment:
If the purpose of the extension is contrary to the main purpose of the Working Holiday or Work and Holiday visas, which is to spend a vacation in Australia, then the consideration against the grant of the extension would be made. If the main intent is to work in Australia, then it is mandatory that the requisite visa is applied for that purpose.
Before extending employment, it is imperative that Working Holiday and Work and Holiday Visas holders have received express written permission. Such requests for extension need to be filed at least two (2) weeks prior to the expiry of the six (6) month term of the visa. Visa holders who have worked beyond the six (6) month duration allowed under the said visa without the written permission would be considered in breach of their visa condition and thus subject to cancellation of their current visa and/or refusal of their pending application.
How Austmss can help:
Austmss are registered migration agents that can provide able assistance with each phase of the Visa Application, from documentation, requirements and other essential information.
We can be reached at Level 3, Suite 306, 125 Swanston Street, Melbourne, Vic 3000, Australia with Tel: 61 3 9654 8611 / Fax: 61 3 9654 8622