Extending the work limitation for WHV

me1724

Has anyone extended the work limitation for the WHV. http://www.immi.gov.au/visitors/working-holiday/417/obligations.htm

My company is sponsoring me but my 6 month limitation for working on the WHV expired on wednesday so I want to extend my working holiday visa to get me up until my sponsorship get approved. At the moment my company wont let me work until this happens so I just wanted to know if anyone has applied for this extension before and how long would it take to get approved??

Also if anyone know of any other way I can work while waiting for the sponsership please let me know as i dont want to be out of work for the weeks it will take to get my sponsorship sorted. Thanks.

Mellor

Contact immi.
If you are in sydney go into the ofices on Lee street. Explain that you have lodged a sponsorship application and wish to continue there while pending. Shouldn't be an issue, they can approve it and give you something to show the boss.

Bring along something to show how much rent you pay, or similar to prove you need to work.

I got approval to continue working past my 6 months while on a bridging visa E (the one where you are allowed to work) this way.

Vorsprung

My gf did exactly what Mellor suggested and Immigration were pretty helpful in sorting her out with an extension. It did take about a week though, so get moving!

me1724

Thanks lads, ye i rang immi but they said to send off an application form for the extension and they would ring me back but that was 3 days ago and havnt heard anything back yet. Im in melbourne so ill look up where the office is and head into see them on monday....
So whats the best thing to say to them just that you need to be working to pay rent, or that the project cannot survive without you??

Mellor

Say both, a letter from the boss wouldn't harm your chances

NewsMeQuick

Has anyone else done this? Is this really viable? I'm interested in a WHV but the 6 month limitation troubles me. If getting sponsored in that short a time is possible, then just maybe I would try it.

danotroy

NewsMeQuick wrote: »

Has anyone else done this? Is this really viable? I'm interested in a WHV but the 6 month limitation troubles me. If getting sponsored in that short a time is possible, then just maybe I would try it.

I dont think that you can get the six months extend. unless its a situation as explained above where by you are on a bridging visa for a 457 visa.

Has anyone ever heard of anyone illegally working over the 6 months and getting caught? How would they police this? if people are flaunting the regional work requirements how do they police people workin for more than 6 months?

NewsMeQuick

No no, I mean work 6 months legitimately then try to get sponsored on a 457, exactly as others are doing. There's no talk of illegally over-staying the 6 month limit.

Legend100

There is a form you can send that will extend it beyond the 6 months for certain circumstances.

Google "Request Permission to Work with an Employer Beyond Six Months on a Working Holiday or Work and Holiday Visa" and the word doc will come up

One of the circumstances is where an application for a 457 is being considered. Was planning to do this myself before I got sponsored but the sponsorship came through a day after my 6 months were up so there was no need

danotroy

yeah of course in cases like that you can extend. Id imagine that once you apply for sponsership your on a bridging visa therefore the 6 month rule would not apply to you? that would seem logical to me. e.g if on the last week of your 6 month employment your employer decided they would like to sponser you they are hardly going to go through with it if you have to quit for a few weeks while the sponsership is processing.

eoindoyle_syd

me1724 wrote: »

Has anyone extended the work limitation for the WHV. http://www.immi.gov.au/visitors/working-holiday/417/obligations.htm

My company is sponsoring me but my 6 month limitation for working on the WHV expired on wednesday so I want to extend my working holiday visa to get me up until my sponsorship get approved. At the moment my company wont let me work until this happens so I just wanted to know if anyone has applied for this extension before and how long would it take to get approved??

Also if anyone know of any other way I can work while waiting for the sponsership please let me know as i dont want to be out of work for the weeks it will take to get my sponsorship sorted. Thanks.

Yes.

I have done this and got an extension on the 6 month condition.
This is the email my agent sent in. It was preceded with a phone call.

__________________________________________
Dear "CASE OFFICER" / 457 Handling Officers,

Re: APPLICANTS NAME
TRN:

---

Employer: Employer's Name
DOB: 00/00/0000

I refer to the above and to your telephone conversation with my assistant
Miss ---- ---- this afternoon. Please find attached the following:

1. Application to request permission to work with an employer beyond 6
months on a working holiday visa
2. Letter of support from Employer

Thank you for your assistance.

______________________________________________


To be honest I don't think IMMI are very strict on implementing the 6 month rule (please correct me otherwise) but I wanted to cover all bases just in case.

They should reply with an email confirming the extension. The work limitation waiver should be granted until the decision of your 457.

The employers letter should mention it is important to keep you in the position for the functions of the business and obviously to avoid financial hardship on your part while your application is being processed. You are effectively asking for a waiver of Visa Condition 8547 - Work Limitation (that was the condition on mine but you should check it hasn't changed)

Good luck.

The_Hustler

danotroy wrote: »

yeah of course in cases like that you can extend. Id imagine that once you apply for sponsership your on a bridging visa therefore the 6 month rule would not apply to you? that would seem logical to me. e.g if on the last week of your 6 month employment your employer decided they would like to sponser you they are hardly going to go through with it if you have to quit for a few weeks while the sponsership is processing.

My recruiter said something like I'm not on a bridging visa unless my WHV has run out. I don't know if that's true.


I'm wondering is it possible to apply in advance of your 457 application being lodged? I'm currently waiting 3 weeks for the company to agree the paperwork with the recruiters. I really need to be back working.

EDIT: The answer is no. "you must lodge the visa application before submitting the work extension request".

It is to finish a project but I doubt I could apply on the basis of that. I think it would have to be more critical

danotroy

The_Hustler wrote: »

My recruiter said something like I'm not on a bridging visa unless my WHV has run out. I don't know if that's true.


I'm wondering is it possible to apply in advance of your 457 application being lodged? I'm currently waiting 3 weeks for the company to agree the paperwork with the recruiters. I really need to be back working.

EDIT: The answer is no. "you must lodge the visa application before submitting the work extension request".

It is to finish a project but I doubt I could apply on the basis of that. I think it would have to be more critical

Give immi a call and explain your situation. Id imagine this is a common enough problem. In my experience immi are very helpful.

Mellor

danotroy wrote: »

Id imagine that once you apply for sponsership your on a bridging visa therefore the 6 month rule would not apply to you?

Nope.
You only get a bridging visa if your current one expires. If you have a valid ivsa you don't need one.

The_Hustler wrote: »

My recruiter said something like I'm not on a bridging visa unless my WHV has run out. I don't know if that's true.

That's true.
A BV is only there to keep you legal while its processing.

It is to finish a project but I doubt I could apply on the basis of that. I think it would have to be more critical

The worst they can say is no.

danotroy

Mellor wrote: »

Nope.
You only get a bridging visa if your current one expires. If you have a valid ivsa you don't need one.

QUOTE]

I was under the assumption that once you applied for sponsership you were then on a bridging visa. I assume this is the case as i already stated if you work in a job and they decide to sponser you it becomes highly unattractive if the process gets delay and you have to stop working for the company until the visa comes through.

mandrake04

danotroy wrote: »

I was under the assumption that once you applied for sponsership you were then on a bridging visa. I assume this is the case as i already stated if you work in a job and they decide to sponser you it becomes highly unattractive if the process gets delay and you have to stop working for the company until the visa comes through.

Even if you get a bridging visa the same conditions of your previous visa applies ie. 6 months with any employer.

Maybe if you actually read the website you would know this, you can also apply to extend the work limitation (it's not Automatic) again on the website.

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 departmental 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 ( 91KB Word file)

Note: You will 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.

Mellor

danotroy wrote: »

I was under the assumption that once you applied for sponsership you were then on a bridging visa.

No. I just explained that this wasn't the case. A BV is there to ensure you can stay legally. It might not be granted if its not needed.

and as pointed out, the same conditions apply, so you'd still need to get premission

I assume this is the case as i already stated if you work in a job and they decide to sponser you it becomes highly unattractive if the process gets delay and you have to stop working for the company until the visa comes through.

The 457 process wasn't designed with only the WHV is mind.
Plus, thats why they have the form in place that you can apply for an extension when you are waiting on a 457. Which is what the discussion was about

danotroy

Mellor wrote: »

No. I just explained that this wasn't the case. A BV is there to ensure you can stay legally. It might not be granted if its not needed.

and as pointed out, the same conditions apply, so you'd still need to get premission



The 457 process wasn't designed with only the WHV is mind.
Plus, thats why they have the form in place that you can apply for an extension when you are waiting on a 457. Which is what the discussion was about

Thanks for clearing this up. I think its something which doesnt cross their radar I know of people that have gone over the 6 months in that case and still got sponsered with the same employer.

Mellor

Yeah. It's not uncommon.

I was 6 months with my employer, due to some timing issues and messing up dates, I went over by a week. And my second year visa also expired.
So I had done 6 months, overstayed my visa (barely), applied for a 457, which took 3 months to be granted due to the overstay. And during those 3 months I was allowed to work. Immi are pretty reasonable

mandrake04

When I was sponsored the limitation was only 3 months, I went travelling up the coast on unpaid leave while it was processed that your other option.