Jelli Posted November 23, 2012 Share Posted November 23, 2012 (edited) Hi everyone! I am in a little situation now and i would like some advise if you know about the WHV. I am on a working holiday visa since June this year. I have worked for this company which is a franchise owned by an individual company. Lets call this franchise Mccas for now. my boss convinced me that he has got another company(he owns both of the companies), and this company owns another mccas located in the same city but different suburb . So he has got two mccas owned by 2 different company name and ABN. he said I could work in one of them and when my 6 months is up, i can work in the other mccas. So will this plan work? or is it still considered as breaching the 6 months limitation? Thank you so much for responding! Edited November 24, 2012 by Jelli Quote Link to comment Share on other sites More sharing options...
wakeboard1980 Posted November 24, 2012 Share Posted November 24, 2012 If you are referred by an agency or labour supplier to a business, you can work for six months for that business. The same agency or labour supplier can refer you to another business where you can work for another six months. You cannot stay in the same position with an employer for more than six months by using different employment agencies, business affiliates or sub-contracting arrangements. Working for longer than six months with the same organisation, regardless of whether the duties or location of the employee change, is generally not allowed (see extending the work limitation below). A Working Holiday visa holder may, work for independently owned franchises located in different areas for up to six months at each, as long as the franchisees are different employers with different Australian Business Numbers. The above is from the immi website. Taking your maccas scenario, with different businesses and different ABNs, I would be I cloned to say yes. Maybe get some qualified advice. The last thing you want is to have DIAC on your back. Good luck Quote Link to comment Share on other sites More sharing options...
lebourvellec Posted November 25, 2012 Share Posted November 25, 2012 (edited) I would say yes, you are likely to be breaching your visa conditions. A bit of checking and they find out that they businesses are owned by the same person, you would be breaching visa conditions. Dont take migration advice from your employer speak to a Registered Migration Agent. It is not your employer that will face removal from Australia with 3 year ban for breaching your visa conditions. But you can work for same employer on 2nd WHV as you did on your 1st. Edited November 25, 2012 by lebourvellec Quote Link to comment Share on other sites More sharing options...
Jelli Posted November 25, 2012 Author Share Posted November 25, 2012 If you are referred by an agency or labour supplier to a business, you can work for six months for that business. The same agency or labour supplier can refer you to another business where you can work for another six months. You cannot stay in the same position with an employer for more than six months by using different employment agencies, business affiliates or sub-contracting arrangements. Working for longer than six months with the same organisation, regardless of whether the duties or location of the employee change, is generally not allowed (see extending the work limitation below). A Working Holiday visa holder may, work for independently owned franchises located in different areas for up to six months at each, as long as the franchisees are different employers with different Australian Business Numbers. The above is from the immi website. Taking your maccas scenario, with different businesses and different ABNs, I would be I cloned to say yes. Maybe get some qualified advice. The last thing you want is to have DIAC on your back. Good luck So you think the plan will not work? My boss told me that the businesses have different Abn, so it should be ok for me to work in the other one . He said he asked agent but I m not sure if they are dogy. Quote Link to comment Share on other sites More sharing options...
wakeboard1980 Posted November 25, 2012 Share Posted November 25, 2012 So you think the plan will not work? My boss told me that the businesses have different Abn, so it should be ok for me to work in the other one . He said he asked agent but I m not sure if they are dogy. I would ask an agent. Like I said, the last thing you want is to have DIAC on your back. If they want you to keep working for them why don't they look at sponsoring you on a 457 visa? Quote Link to comment Share on other sites More sharing options...
Jelli Posted November 25, 2012 Author Share Posted November 25, 2012 True. Somehow I think they are kinda dogy about it. I m thinking to just quit it right now. Thanks for the responds guys Quote Link to comment Share on other sites More sharing options...
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