There are two types of working holiday visas – the working
holiday (subclass 417), and the work and holiday (subclass 462). The main purpose
of these visas is to allow younger persons the opportunity to visit Australia
for up to 12 months. Visa holders are granted employment rights but limited to
a maximum period of six months with any one employer unless specific permission
is obtained to work longer.
Australia has reciprocal rights with a number of other
countries which offer similar types of visas to Australians wishing to travel
overseas to experience cultural differences.
The six-month work limitation applies to full-time, part-time,
casual, shift and voluntary work. Any breach of this condition will mean that
the visa is liable for cancellation, and it is therefore most important that
persons who hold these visas are aware of the conditions and observe them
stringently.
The ‘employer’ is the business or organisation which the
individual works for directly. Many people mistakenly believe that they can
continue working for the same employer if they use different employment
agencies, business affiliates or subcontracting arrangements, however this is
not the case. It is permitted however for an individual to be referred to
different businesses by an employment agency or labour supplier.
It frequently occurs that a person on a working holiday visa
may be offered permanent employment by the business that they are working for.
This means they will have to transfer to another visa class – the most common
being the 457 Visa. If the initial six month employment period under the
working holiday visa is likely to expire while the new visa application is
under processing, it is necessary to make application to the Department for
permission to continue working with that employer from the date the six-month
period expires. If this permission is not sought and obtained there is the
possibility of cancellation action which would then have an impact on the work
visa application.
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