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6 month WHV rule and migrant question.

  • 20-02-2011 11:29am
    #1
    Closed Accounts Posts: 310 ✭✭


    You can only work 6 months for one company. If you do your 3 months rural work you can work for another 6 months in the second year WHV with the same company. Question is-if you do your 3 months rural first then work the last 6 months of your year 1 WHV with company A can you work the first 6 months of your second year WHV with the same company A? In essence it work be a continuous 12 months but with xmas holidays and that.

    And... do you need to be a fully qualified accountant(CIMA, ACCA, CPA, etc) to apply for a migrant visa or is it based on 3+ years experience? The IMMI site isn't clear and the aussies I have met over here call themselves accountants after they have done their degree.


Comments

  • Registered Users, Registered Users 2 Posts: 6,240 ✭✭✭hussey


    melb wrote: »
    You can only work 6 months for one company. If you do your 3 months rural work you can work for another 6 months in the second year WHV with the same company. Question is-if you do your 3 months rural first then work the last 6 months of your year 1 WHV with company A can you work the first 6 months of your second year WHV with the same company A? In essence it work be a continuous 12 months but with xmas holidays and that.
    Yes perfectly valid, but honestly if a company is willing to hire you for 6months + then you prob should ask for sponsorship


  • Registered Users, Registered Users 2 Posts: 280 ✭✭patsy mulcaghy


    It's a tricky one alright, would like to hear the official stance on this too.

    I'm on a bridging visa at the moment waiting to hear back re: TR visa and been working for a company for three months now. I believe the working conditions are the same as my first WHV, but could I work for longer than the 6 months while they process my aopplication? :confused:

    I'm going to call the DIAC later today but thought if anybody could shed some light here?


  • Registered Users, Registered Users 2 Posts: 6,240 ✭✭✭hussey


    It's a tricky one alright, would like to hear the official stance on this too.
    You can - it's on the website (immi.gov.au)
    I'm on a bridging visa at the moment waiting to hear back re: TR visa and been working for a company for three months now. I believe the working conditions are the same as my first WHV, but could I work for longer than the 6 months while they process my application? :confused:

    I'm going to call the DIAC later today but thought if anybody could shed some light here?
    Correct, you can continue to work past the 6 months once you are on a bridging visa. (I assume you're getting sponsored)


  • Registered Users, Registered Users 2 Posts: 270 ✭✭s.c


    hussey wrote: »
    You can - it's on the website (immi.gov.au)


    Correct, you can continue to work past the 6 months once you are on a bridging visa. (I assume you're getting sponsored)

    Yes you can however you must apply for an extension to work beyond the 6 month period. This is generally granted if you are in the process of obtaining a 457 visa.

    See link here


  • Registered Users, Registered Users 2 Posts: 6,240 ✭✭✭hussey


    s.c wrote: »
    Yes you can however you must apply for an extension to work beyond the 6 month period. This is generally granted if you are in the process of obtaining a 457 visa.

    See link here

    No you don't need to apply, once your application is put in for the 457 you automatically have the bridging visa.


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  • Registered Users, Registered Users 2 Posts: 2,816 ✭✭✭Vorsprung


    You can't work on the bridging visa, though you can come in to/ stay in Oz.


  • Registered Users, Registered Users 2 Posts: 280 ✭✭patsy mulcaghy


    Vorsprung wrote: »
    You can't work on the bridging visa, though you can come in to/ stay in Oz.

    Don't think this is the case mate, I've been working on my bridging visa A the last 4months.

    Let me get this straight tho- I can work longer than 6months on Bridging Visa A as long as I fill out form 1005? DIAC website has me confused theres not a lot of info :confused:


  • Registered Users, Registered Users 2 Posts: 270 ✭✭s.c


    Vorsprung wrote: »
    You can't work on the bridging visa, though you can come in to/ stay in Oz.

    You can work on a bridging visa if the visa you're already on allows you to do so. You're bridging visa has the same conditions as the visa you are already in the country with.

    i.e. if you are on a WHV and you get a bridging visa then you can work but only for 6 months with each company unless you get this extended.


  • Registered Users, Registered Users 2 Posts: 270 ✭✭s.c


    hussey wrote: »
    No you don't need to apply, once your application is put in for the 457 you automatically have the bridging visa.

    Yes you atomatically get a bridging visa but this visa has the same conditions as your WHV which means you can only work for each company for 6 months. You need to apply to get this restriction removed if you are looking to continue working for the company that is sponsoring you until a decision is made.

    See info from link

    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.
    • 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.


  • Registered Users, Registered Users 2 Posts: 6,240 ✭✭✭hussey


    s.c wrote: »
    Yes you atomatically get a bridging visa but this visa has the same conditions as your WHV which means you can only work for each company for 6 months. You need to apply to get this restriction removed if you are looking to continue working for the company that is sponsoring you until a decision is made.

    I didn't and neither did several of my friends have to apply for this, my point is it is automatic in some cases (457)

    I didn't need to apply for anything extra, a friend of mine was on the bridging visa for 4 months, and they didn't need to apply, as the process is automatic.

    457 isn't an exceptional circumstance .... not sure why they listed as such.

    If you don't believe me - ring them


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  • Registered Users, Registered Users 2 Posts: 280 ✭✭patsy mulcaghy


    hussey wrote: »
    I didn't and neither did several of my friends have to apply for this, my point is it is automatic in some cases (457)

    I didn't need to apply for anything extra, a friend of mine was on the bridging visa for 4 months, and they didn't need to apply, as the process is automatic.

    457 isn't an exceptional circumstance .... not sure why they listed as such.

    If you don't believe me - ring them

    Thanks lads,

    Im waiting on word re: partner visa (subclass 820) and I called them yesterday. She advised I have to fill out that 1005 form to extend past the 6months - comes down to working due to financial hardship or if employer is willing to nominate

    Am I right in saying this is not the case with 457; ie you can continue on past the 6months no bother?


  • Registered Users, Registered Users 2 Posts: 2,816 ✭✭✭Vorsprung


    Apologies, that's just what I had been told with my 457.


  • Registered Users, Registered Users 2 Posts: 6,240 ✭✭✭hussey


    Thanks lads,

    Im waiting on word re: partner visa (subclass 820) and I called them yesterday. She advised I have to fill out that 1005 form to extend past the 6months - comes down to working due to financial hardship or if employer is willing to nominate

    Am I right in saying this is not the case with 457; ie you can continue on past the 6months no bother?

    I would give them a ring just in case for the 457, I worked beyond my time as my agent who dealt with it said I didn't need to apply, he said it was an automatic process -

    I can only go on my experience (and that of my friend who did the same thing), generally when you are on a bridging visa you can work as before.


  • Registered Users, Registered Users 2 Posts: 39,900 ✭✭✭✭Mellor


    If you are coming into the country on a 457 you won't get a bridging visa.

    If you are here on a WHV, you will and can work while on it.


  • Registered Users, Registered Users 2 Posts: 270 ✭✭s.c


    hussey wrote: »
    I didn't and neither did several of my friends have to apply for this, my point is it is automatic in some cases (457)

    I didn't need to apply for anything extra, a friend of mine was on the bridging visa for 4 months, and they didn't need to apply, as the process is automatic.

    457 isn't an exceptional circumstance .... not sure why they listed as such.

    If you don't believe me - ring them

    Just because you or your friends didn't do it doesn't make it right. I'm not saying your application will be refused on this basis but it is part of the procedure.

    And I don't need to ring them as I have a letter from them, see below.

    For anyone going down this route, my advice would be to apply for this as its only a matter of filling out a form and it will keep you right in terms of your WHV conditions.

    letter.png


  • Registered Users, Registered Users 2 Posts: 6,240 ✭✭✭hussey


    s.c wrote: »
    ...

    You were right and so are we ... we can leave it there?
    http://www.immi.gov.au/skilled/skilled-workers/sbs/bridging-visas.htm
    For employer-sponsored visas applied for while you are in Australia, a bridging visa ensures you remain lawful in case your current visa ceases before a decision is made on your visa application. A bridging visa will also ensure you remain lawful if your visa application is refused and you seek merits review of this refusal decision.
    Bridging A Visa (Subclass 010)

    If you make a valid application for a visa whilst you are in Australia and your application is assessed as valid, you will usually be granted with a Bridging A (Subclass 010) visa.

    The Bridging A visa is electronic and you do not need to have a label in your passport.

    Important: You cannot travel overseas on a Bridging A visa.

    all happy


  • Registered Users, Registered Users 2 Posts: 39,900 ✭✭✭✭Mellor


    SC
    Immigration, sent me an email within the last week saying that its automatic. Once I apply for my 457 a bridging is granted automatically, and I can work there until a decision is made.


  • Registered Users, Registered Users 2 Posts: 270 ✭✭s.c


    Mellor wrote: »
    SC
    Immigration, sent me an email within the last week saying that its automatic. Once I apply for my 457 a bridging is granted automatically, and I can work there until a decision is made.

    I don't know. I can only comment on my experience and thats the way I had to do it but obviously yours is different. I know the bridging visa doesn't come in effect until your WHV runs out so maybe you only need to apply for the extension if you're remaining on your WHV for a period where you will exceed the 6 months.


  • Registered Users, Registered Users 2 Posts: 2,625 ✭✭✭AngryHippie


    I'm on a bridging visa A, from a 2nd year WHV, moving towards an 820, I've been RFI'd on that, and am in the process of getting the information together for the final decision, but I'm 3 weeks away from hitting the 6 month restriction from the original WHV, which I believe still applies...
    Is it automatic, or do I fill out a 1005 form, or is it a WHM-extension or (I hope) does bridging visa A automatically permit me to work without having to apply for a change of visa.......
    I've spoken to my case officer briefly about it and she said it would be best to submit the form anyway, but I've got so much other stuff to do, Stat Decs & C&C grounds, as well as full time work :eek:


  • Registered Users, Registered Users 2 Posts: 39,900 ✭✭✭✭Mellor


    s.c wrote: »
    I don't know. I can only comment on my experience and thats the way I had to do it but obviously yours is different. I know the bridging visa doesn't come in effect until your WHV runs out so maybe you only need to apply for the extension if you're remaining on your WHV for a period where you will exceed the 6 months.
    that's possible.


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