Tindog

I'd recommend travel insurance just in case. Off the top of my head, I know World Nomads do one-way trips (not sure which policy type).

25 minutes ago, paulhand said:

The extracts I quoted are Departmental policy on the 6-month rule. 

I can't advise definitively on your specific situation, without seeing all the paperwork.

Makes sense - thanks again for your help.

1 minute ago, paulhand said:

Generally speaking:

"For the purpose of condition 8547, the employer is the business for which the visa holder is directly working - that is, the end user.

This means a visa holder may be employed by the same labour hire company or contractor for more than 6 months, but may not provide services to the same end user for more than 6 months. A visa holder may, for example, be employed by a State/Territory Department of Education or Department of Health for more than 6 months, but may not provide services to the same school or health care facility for more than 6 months.

Visa holders cannot stay with any end user (in the same or a different position) beyond 6 months by using different employment agencies, business affiliates or sub-contracting arrangements."

and ... 

"Working for a business for longer than 6 months, in circumstances where there has been a change of name or of underlying ownership, would generally be considered a continuation of employment with the same employer. (If a new company has been created, however, - for example, a new ABN - the new company would be a new employer, even if the duties for the new company are similar to those performed for the old company. Working for the new company with a new ABN for 6 months would not be a breach of condition 8547."

 

Thank you Paul. So for clarification, Company B (parent company, different ABN) is considered to be a different employer - and therefore I would be able to extend my time with them, via the agency?

8 minutes ago, Marisawright said:

Then it does sound as though the agency is your employer and you can only work for them for six months.

That makes sense, thank you for your help.

If Company B wanted to renew my contract independently (i.e without involving the agency or payroll company), do you know if this would be within the rules? My physical location would still be in their office.

At that point I would have completed 12 weeks with Company A, employed by the agency. A further 10 weeks with Company B (parent co), still employed by the agency - so totalling 6 months.

59 minutes ago, Marisawright said:

When you say “third party payroll company”, do you mean you’re self employed and outsourcing your invoicing etc, or do you mean you’re going through an agency?

Going through an agency - sorry, I should have been more clear.

The employment contract itself is with the payroll company, and states: "The Employee will be employed by [Payroll Company Name]..."

And under Client:
"End User Company Name: Company A
Address: Company A office address
Agency/Client: Recruitment Company Name"
 

Hi everyone,

I have the following situation, and I'm hoping that someone can offer me a clear answer:

- I worked as a contractor for Company A for 16 weeks (ended a couple of months ago)
- I was paid by the recruiters third party payroll company (the payroll company is the company listed on my payslips, with their ABN)
- Company A is now dissolved and the office has been taken over by Company B (parent company)
- Company B have invited me to complete a 10 week project (same type of work, same department, same office etc, but different role, responsibilities and project)
- The 3rd party payroll company will still be the company on my payslips

If I accept the 10 week project, I understand that is acceptable as long as I do not exceed 26 weeks (6 months).

My questions are:
1. Is my "6 months with one employer" relevant to the end client on my contract (Company A/B), or to the company on my payslip (payroll company)? So, if I were to work for an entirely different company after the 10 week project, would I encounter any problems if I went through the same recruiter and payroll company?

2. If the 6 months pertains to the end client, my understanding is that my work for Company B would be a continuation of Company A, as although they have different ABNs, the office is in the same location. Others have told me that it doesn't matter, as they are 2 different companies, and Company A is no longer operating in this location, so I could do 6 months with Company B if I wanted to. Which is correct?

I hope that's clear. I'm not looking for a "workaround", I want to make sure that I'm understanding the rules correctly, in the unlikely event that Company B invites me to extend my contract (and also if the recruiter finds me more work afterwards!) I'm keen to avoid a ban, as I'm considering applying for my PR next year.

Thanks for any advice!

Hey, I don't think you need to worry - I applied for mine despite having history with depression, anxiety and taking anti-depressants and CBT. Plus a recent Asperger's diagnosis.

On 17/04/2019 at 10:36, paulhand said:

It's cumulative, so in your example, assuming there was a clean break between the contracts, then 5 months. However, breaks between periods of work in circumstances where the employment arrangement is ongoing - for example, paid or unpaid leave was granted - count toward the 6 month total. 

Thanks for the info paulhand. I was hoping that would be the case!

I'm currently contracting on a WHV, and intend to be doing this until February (at various companies) assuming I get the work in.

Is the 6 month limit consecutive, or in total?

E.g hypothetically, if I worked with Company A for 2 months, travelled for a month after the contract end date, then renewed the contract for a further 3 months upon my return - would this count as 5 months with Company A, or 6 months?

I ask as I'm trying to figure out the best way to handle potential contract extensions around my travel plans. I've read mixed things online.

Mine took 10 minutes, that was around 6 weeks ago. Some people are taking weeks, as above.

All you can really do is apply and hope for the best.

Good luck!

2 minutes ago, Marisawright said:

Lots of people buy duty-free in Singapore while on holiday so that would be a good place to look.  

If you're going to be using hostels etc, even in Australia, I'd strongly suggest getting used to using Cloud services rather than keeping stuff on your laptop or even on a backup drive.  

Sounds great, I'll check it out!

Fortunately in Australia I'll be staying with friends or in hotels/airbnbs - but won't take any work with me when I'm outside of Adelaide anyway (using my friends pad as a base)

32 minutes ago, Marisawright said:

I'd think the courier cost would be high, the risk of damage significant and who knows what the customs charges would be.  

Taking it with you in backpacker hostels is a scary thought too.

Laptops are more expensive here, but you could buy a cheap one at your last stop in Asia.

Alternatively, how much programming are you thinking of doing?  What specialist programs do you need?   Most libraries in Australia offer free access to PC's.  Some have tablets and laptops you can use in the library (after paying a refundable deposit).  Usually you can use them for an hour or two hours a day, but if you're in a big city, you just go to suburb in the next library. The machines do vary - a small library will have old PC's but the Docklands library here in Melbourne has 3D printing etc.   You don't need to be a member of the library, you just request a visitor pass.

Hi Marisa,

Thanks for your reply.

Buying a cheap one in Asia is a very good idea and one I hadn't thought of - I'll be in Vietnam and Laos, then Singapore for a couple of days at a hotel before going to Australia. I'll start researching options - thank you for the suggestion.

Re: libraries - I need, at a minimum, the full Microsoft BI stack, which I don't think would be feasible at a library, although sounds like a good option if I ever get around to using Cloud services!

Hi everyone,

I've decided to go for a WHV to test the waters before considering PR (and to have a sabbatical!). Thank you to everyone who offered me advice earlier this year - it gave me a lot to think about before my circumstances changed.

My plan is to go backpacking(/flashpacking) in SE Asia for a month after Christmas, and land in Adelaide for the end of January to stay at my friends house for a bit.

Whilst I'm in Australia, I want to be able to do some programming/dev stuff (freelance IT consultant), so wanted to bring my laptop. Thing is, I don't want to take it backpacking as it's worth £1.2k and still fairly new.

I've thought of a few options:

1. Send the laptop to my friend in Adelaide via a courier (and insure it) before I leave the UK (I'm guessing customs charges would be around £150 on top of this? Would I need find the original invoice to prove its value?)
2. Take it to SE Asia and hope for the best (I could get a pacsafe or similar, but I'd still be anxious)
3. Buy a basic laptop out there and use a VM to complete my work (are laptops similar to UK prices?)

I'm leaning towards the last option. As much as I really want to take this specific laptop with me, it seems like an added expense and hassle.

What would you do?