WHV to PR?

[JenPen]

Hi - another question :biggrin:

 

So Mr JP can get his 2nd year WHV - all a ok!!

 

Do we need it? If he goes on a WHV and finds a job etc can he apply for 190 whilst out there? IF so what is different? I am assuming he would have to leave the country to re-enter OZ with his new PR visa?

 

Would you recommend or not bother? Anyone done it this way?

 

Thanks

[VERYSTORMY]

He can apply for PR when ever he wants if he is eligible.

[VERYSTORMY]

Just had a look at your previous posts so will expand.

 

Coming out on a WHV in order to set up for a permanent move is not a very good way to go. Firstly, he can't get a permanent job as the visa only allows him to work for one employer for 6 months. Also, some employers will not, because of the nature of the visa even take someone on a temp role as it is too restrictive.

 

There are negative tax implications.

 

You would be far better just getting a PR visa.

[kaiser]

Went out on a WHV and in second year (but you don't have to wait until then - you can apply whenever but will need to go through the skills assessment process first) and applied for 190 and got it in November. There's no onshore/offshore with 190. He won't need to leave Oz for visa to be granted. Good luck!!

[Killara]

The decision as to whether come out on a WHV really depends on individual circumstances. In some cases, as verystormy pointed out, it is not a good idea because many employers might not be interested in taking someone on on a WHV. However, in my experience, overall it can be a good move - if the employer is reluctant to take someone on on a WHV, then very likely they will also not make a job offer to someone not yet in the country - so if you want to find a job in Australia as soon as possible, depending on the industry, it may be best to come out on a WHV and look for a job on that.

That certainly applied to me - I would not have gotten a job in Australia from overseas. I did get a job fairly quickly after arrival on a WHV, and later applied for PR, which I got. Not many people are aware that it is also possible to apply for an extension to the 6-month limitation on the WHV. One circumstance where that is possible is when you have applied for another visa which would permit you to continue working for the same employer beyond the 6 months. I did that and my application for extension of the 6 months on the WHV was granted while my other visa application was being processed. It also opens up the possibility that the employer in Australia might offer to sponsor you for the employer sponsored migration (186 visa) if you would be eligible to apply for that visa.

[nicolac34]

The decision as to whether come out on a WHV really depends on individual circumstances. In some cases, as verystormy pointed out, it is not a good idea because many employers might not be interested in taking someone on on a WHV. However, in my experience, overall it can be a good move - if the employer is reluctant to take someone on on a WHV, then very likely they will also not make a job offer to someone not yet in the country - so if you want to find a job in Australia as soon as possible, depending on the industry, it may be best to come out on a WHV and look for a job on that.

That certainly applied to me - I would not have gotten a job in Australia from overseas. I did get a job fairly quickly after arrival on a WHV, and later applied for PR, which I got. Not many people are aware that it is also possible to apply for an extension to the 6-month limitation on the WHV. One circumstance where that is possible is when you have applied for another visa which would permit you to continue working for the same employer beyond the 6 months. I did that and my application for extension of the 6 months on the WHV was granted while my other visa application was being processed. It also opens up the possibility that the employer in Australia might offer to sponsor you for the employer sponsored migration (186 visa) if you would be eligible to apply for that visa.

 

Same applied to me, came on a WHV and got a job within 6 weeks and an employer to sponsor me for the RSMS PR visa. No way would I have got an offer of sponsorship from the UK, so being here was very important. Not that we came to be sponsored though, we came for the experience for a year, but decided with a sponsorship offer we should probably stay and see what happened.

 

Interesting what you've mentioned about extending the 6-month limitation, my agent refused to put an application in for me and said there was no way it would be granted. So I had to stop working for 6 weeks whilst I waited for my PR to be granted. I enjoyed the time off, but it would have been better if I could have continued working and being paid!

[ramot]

Just had a look at your previous posts so will expand.

 

Coming out on a WHV in order to set up for a permanent move is not a very good way to go. Firstly, he can't get a permanent job as the visa only allows him to work for one employer for 6 months. Also, some employers will not, because of the nature of the visa even take someone on a temp role as it is too restrictive.

 

There are negative tax implications.

 

You would be far better just getting a PR visa.

 

It might not be the ideal way, but for some, eg my daughter it was the only way, as she wasn't elible for PRand it was up to her to take the chance, and accept it if it didn't lead to anything. We live here and she wanted the opportunity to live near us for a year. I think if you are older and have a good work record, then you are potentially more employable than perhaps some younger person on a WHV. She secured a good job fairly quickly and then sponsored on a 457 before her 6 months in the job was up, and still here 2 years on. It would have been unlikely for her to have been sponsored from overseas, but at least being here on a WHV she had a chance, but she came and was realistic that it might only be for a year. She was too old for a 2nd year.

 

out of interest what are the negative tax implications?

[nicolac34]

out of interest what are the negative tax implications?

 

As far as I know it's only if you declare yourself a 'non resident' for tax purposes and then you don't qualify for the tax free allowance. But most WHV's who work and stay in the same place are resident for tax purposes and get this back in their tax return at the end of the year.

[Paul1Perth]

I'm surprised that so many people have been successful in getting permanent residency via the WHV when there is another thread running about how people on 457's maybe shouldn't be getting it.

 

I'm not bothered either way, if people have been willing to take the risk and go for it then fair play to them. If we had the PR visa knocked back I would have been willing to try anything to get in.

[blossom]

As far as I know it's only if you declare yourself a 'non resident' for tax purposes and then you don't qualify for the tax free allowance. But most WHV's who work and stay in the same place are resident for tax purposes and get this back in their tax return at the end of the year.

Most backpackers wouldn't count as a resident for tax purposes. Many either don't know that, or ignore it. They would only be a resident for tax purposes if they work in the same job for more than 6 months, which with the second year visa is possible. Or the extensions if applying for an employer sponsored visa, but most don't count as resident for tax purposes.

[nicolac34]

Most backpackers wouldn't count as a resident for tax purposes. Many either don't know that, or ignore it. They would only be a resident for tax purposes if they work in the same job for more than 6 months, which with the second year visa is possible. Or the extensions if applying for an employer sponsored visa, but most don't count as resident for tax purposes.

 

Not true actually, if they reside in the same place for longer than 6 months then they are classed as resident for tax purposes, if they travel around and do casual work then they are not.

 

http://www.ato.gov.au/Calculators-and-tools/Are-you-a-resident/

[Killara]

I'm surprised that so many people have been successful in getting permanent residency via the WHV when there is another thread running about how people on 457's maybe shouldn't be getting it.

 

Well, the WHV has little or nothing to do with the PR application. People certainly aren't getting PR via WHV; there is no WHV to PR pathway, whereas there is a 457 to PR pathway. So it's important that it not be suggested that people are getting PR in any way as a result of having WHV..... but it is a reality that many people who come to Australia on WHVs have skills which make them eligible to apply for PR. Doctors, Lawyers, Accountants, IT, and many other professionals, many with many years of experience (and close to the upper age limit for WHVs) are now among people coming to Australia on WHVs, and while here may decide to apply for PR if they decide that they would like to stay. Backpackers are no longer the only people availing of WHVs! ...Particularly now with the economies of many countries in Europe, skilled professionals from those countries are "taking a year out" to live and work in Australia on WHVs, ...and a growing percentage of them are finding that there are now better opportunities for them in Australia, and so decide to apply for PR here, which they are entitled to do. Of course, they should not be coming to Australia thinking that they will be staying any longer than 12 months on the WHV, but if they are out here and decide that they like it and would be interested in applying for residency and if they have the skills and experience to make them eligible to apply for PR, then currently there is nothing to stop them applying for PR while on a WHV.