6 month working rule over 2 WHV's

[daz32wood]

Hi all,

 

I'm just trying to get clarification on how long I can work for my current company on 2 WHV's.

 

My first visa ran from March 2nd 2013 - March 2nd 2014

 

My Second visa was granted September 2013 and is valid until March 2015

 

Question is, I started working trough an agency with a company late November 2013. So have been working 5 months.

 

Can i now use my second year visa to work until August 2014 with the same company?

 

So presuming the 6 months resets at the end of my first year visa in March 2014.

 

Or because my visa was granted last September does the 6 month rule just apply from that point?

 

 

 

Hope that makes sense

 

 

 

Thanks

[Guest The Pom Queen]

Good question hopefully one of our agents can advise @ABA

As far as I know if your first visa expired and you started on the 2nd visa yes you can work 6 months on each, but as your 2nd WHV was granted in September and you started working for this company in November I am unsure.

[daz32wood]

Yeah all seems a little vague, though unfair if it starts from the date you got in granted from really as they are effectively punishing you for being organised rather then submitting it on the last day your first year visa ends.

 

I'm hoping I won't be out of a job next month due to this, but fingers crossed..

[Rupert]

Hi all,

 

I'm just trying to get clarification on how long I can work for my current company on 2 WHV's.

 

My first visa ran from March 2nd 2013 - March 2nd 2014

 

My Second visa was granted September 2013 and is valid until March 2015

 

Question is, I started working trough an agency with a company late November 2013. So have been working 5 months.

 

Can i now use my second year visa to work until August 2014 with the same company?

 

So presuming the 6 months resets at the end of my first year visa in March 2014.

 

Or because my visa was granted last September does the 6 month rule just apply from that point?

 

 

 

Hope that makes sense

 

 

 

Thanks

 

I think you are fine. You worked for 5 months on the first WHV, then you switched to the second visa so you can work for six months from 2nd March.

[VERYSTORMY]

Yes, you can have 6 months on each visa for the same employer

[daz32wood]

Thanks guys, the 6 months for same employee definitly applies if say you are on your first year, do 6 months, take 3 month to get your second year and then while on your second year you can go back to the original company.

 

But, seems to get a bit vague when for example you get your second year visa granted before your first one has run out. Then it seems you only get 6 months with any company from that point forward?

[Guest]

I understood it to be only 6 months with any one employer. So I would take it that once your 6 months with one employer are up, that's it for the remainder of the WHV, extended to a second year or not.

[Rupert]

I understood it to be only 6 months with any one employer. So I would take it that once your 6 months with one employer are up, that's it for the remainder of the WHV, extended to a second year or not.

 

It is 6 months per employer per visa. So as OP has nicely lined his up back to back, it is no problem at all.

[Ozmaniac]

Your second visa runs from March 3 2014 until March 3 2015. During that time, you can work for another 6 months with a company for which you worked during your first WHV. If you were working for them on March 3, 2014, you can work for them until September 3 2014.

[daz32wood]

Hope so Rupert, does not state that very clearly anywhere though, just seems to infer that because I got my second visa granted early then the 6 month rule on the first one no longer applies even if i've not fully used it anyway and a new 6 month rule based on the 2nd visa comes in to effect.

 

So, for example if someone is working for company for 6 months on their first year visa (for example January to June) and on the very last day submits and gains their second year visa, then they can just continue on their second year visa July until December.

 

However, if They worked January to April and then applied and got their second year visa then they could only work until October. So in the above example its possible to work for 12 months in total over two visas if you timed it exactly.

 

But as in my case I did not start working for my current company until the last 5 months of my original visa. If I still get the remaining 5 months from my first visa and a new 6 months from my new visa then great, but the immigration site implies that once you get your second visa granted then from that date forward its only 6 months you can use in one company.

[daz32wood]

Your second visa runs from March 3 2014 until March 3 2015. During that time, you can work for another 6 months with a company for which you worked during your first WHV. If you were working for them on March 3, 2014, you can work for them until September 3 2014.

 

Yeah, this is what i'm hoping. Although:

 

DIAC’s below policy:

If the applicant held a first Working Holiday visa when they made their second Working Holiday visa application:

• the first Working Holiday visa will cease on grant of the second Working Holiday visa (s82 of the Act) and If granted, the second 417 visa will come into effect immediately and replace your previous visa. That is when you can start to work for the same employer that you have already completed months with for the first 417 visa.

[Rupert]

Yeah, this is what i'm hoping. Although:

 

DIAC’s below policy:

If the applicant held a first Working Holiday visa when they made their second Working Holiday visa application:

• the first Working Holiday visa will cease on grant of the second Working Holiday visa (s82 of the Act) and If granted, the second 417 visa will come into effect immediately and replace your previous visa. That is when you can start to work for the same employer that you have already completed months with for the first 417 visa.

 

You said your visa was valid until March 2015, so are you saying that you have an 18 month WHV? I didn't think that was possible. If your visa ends March 2015 then I would assume it started March 2014.

 

Can you provide a link for the quote above, I looked up S82 of the immigration act but can see nothing like what you have posted above.

[daz32wood]

Yeah my new visa kicked in from March 2014 and runs until March 2015

 

I started working for my current company in November 2013, so i've used 4 months from November to the end of my first visa. And now Im hoping I have 6 month from March 14 to take me up to September 2014.

 

Just concerned about a few sources saying as my second year was granted September 2013, then I cant use my full 6 months from March 2014.

 

i will try and find the original source of that quote, that is taken from someone else quoting DIAC

[Rupert]

Yeah my new visa kicked in from March 2014 and runs until March 2015

 

I started working for my current company in November 2013, so i've used 4 months from November to the end of my first visa. And now Im hoping I have 6 month from March 14 to take me up to September 2014.

 

Just concerned about a few sources saying as my second year was granted September 2013, then I cant use my full 6 months from March 2014.

 

i will try and find the original source of that quote, that is taken from someone else quoting DIAC

 

You are confusing me now. This post you say your second WHV started in March, in the previous post you said it started as soon as it was granted, so in September. It is pretty important to establish this.

 

As I mentioned Section 82 does not appear to say anything remotely like the bit you have posted about the second WHV coming into immediate effect and I must admit, I have not heard that before either.

[daz32wood]

Yeah sorry its all a bit long winded. My second year visa was granted in September. 6 months before my first year visa finished. So even though its granted early it still runs from the start of my first visa (March 2013) for a two year period (march 2015)

 

However, i'm reading (will did out the source later) that the 6 month working rules kicks in from the day the second year visa is granted. Even though I can freely work in multiple companies until my Visa runs out in March 2015.

[Killara]

Daz35wood's concern is justified. A second WHV upon grant replaces the first WHV. The first WHV ceases to have effect upon the grant of the second. The second will have an expiry date 12 months after the date that the first WHV would have expired, so yes a second WHV can be in effect for 18 months. A second WHV is a substantive visa which comes in to effect immediately upon grant. It does not sit there until the first WHV expires in the way that a bridging visa would. A substantive visa upon grant cancels any other visa which the visa applicant previously had. As it is a condition of the second WHV that the visa holder not work for one employer for more than 6 months, the 2nd WHV holder can only work for the same employer for 6 months from grant. Yes, I agree that the visa applicant is thereby disadvantaged for bring organised by applying early. Had the OP waited to the last few weeks of validity of the first WHV before applying for the second WHV, it would have been possible to work for the same employer for longer..

[daz32wood]

Thanks Killara, is there any link on the immigration sites that confirm this? So much conflicting information. My girlfriend was told last year we would not have a problem with this further down the line which is why we did not bother waiting, only now its seems to be an issue.

[Killara]

The notification of grant of the second WHV should have informed you that the visa which you had previously held had now ceased as you had been granted a (second) WHV.

 

You then need to think of it in terms of "what are the conditions of my visa which I currently hold". The answer is that on that visa you can only work for the one employer for a maximum of 6 months on that visa. So you need to look at the date that that visa came in to effect. For an applicant in Australia, the date the second WHV comes in to effect will be the date of grant. If, following grant of the second WHV, you had logged in to VEVO to see your current visa status, it would have showed your second WHV with date of grant and date of expiry and with the visa conditions which apply to that visa. The unused portion of the right to work for the one employer for up to 6 months from the visa which you previously held is not "carried over" to the new visa.

[Ozmaniac]

Daz35wood's concern is justified. A second WHV upon grant replaces the first WHV. The first WHV ceases to have effect upon the grant of the second. The second will have an expiry date 12 months after the date that the first WHV would have expired, so yes a second WHV can be in effect for 18 months. A second WHV is a substantive visa which comes in to effect immediately upon grant. It does not sit there until the first WHV expires in the way that a bridging visa would. A substantive visa upon grant cancels any other visa which the visa applicant previously had. As it is a condition of the second WHV that the visa holder not work for one employer for more than 6 months, the 2nd WHV holder can only work for the same employer for 6 months from grant. Yes, I agree that the visa applicant is thereby disadvantaged for bring organised by applying early. Had the OP waited to the last few weeks of validity of the first WHV before applying for the second WHV, it would have been possible to work for the same employer for longer..

 

My apologies OP; Killara is a lawyer and RMA and knows more than amateurs like me. If your second WHV was granted in September, it looks like you've already done your 6 months with this employer on this visa.

[Rupert]

My apologies OP; Killara is a lawyer and RMA and knows more than amateurs like me. If your second WHV was granted in September, it looks like you've already done your 6 months with this employer on this visa.

 

 

Me too. I also retract earlier opinion, well I still believe you can have six months on both WHVs, but as that second one appeared to start in September not March, then the six months is up now and OP needs to leave the employer.

[daz32wood]

No worries, thanks everyone, least it's cleared up now.

 

What we are going to try is the agency is going to assign me to a new division with a different ABN number. Currently we have company "A" who subcontracts the work to companies "B" and "C"

 

So instead of me trying to continue working for company "B" for another 6 months they are going to transfer me to company "C" locating in a different office but still doing the same sort of job for company "A"

 

Fingers crossed this is ok, but the agency seems confident..

[Guest The Pom Queen]

No worries, thanks everyone, least it's cleared up now.

 

What we are going to try is the agency is going to assign me to a new division with a different ABN number. Currently we have company "A" who subcontracts the work to companies "B" and "C"

 

So instead of me trying to continue working for company "B" for another 6 months they are going to transfer me to company "C" locating in a different office but still doing the same sort of job for company "A"

 

Fingers crossed this is ok, but the agency seems confident..

There was a lad who did that up in Cairns he went to work at another franchise with a different ABN he now has a 457 visa so I guess it must have been fine

[Rupert]

There was a lad who did that up in Cairns he went to work at another franchise with a different ABN he now has a 457 visa so I guess it must have been fine

 

He was lucky. This is definitely not fine, immigration take a dim view of someone trying to circumvent the rules with different ABNs. If OP has any thoughts of staying in Australia afterwards, would not recommend this.

[Guest The Pom Queen]

He was lucky. This is definitely not fine, immigration take a dim view of someone trying to circumvent the rules with different ABNs. If OP has any thoughts of staying in Australia afterwards, would not recommend this.

Can't find it on official site as on my phone but it states:

A visa holder may work for independently owned franchises located in different areas for up to six months at each place of employment – as long as the franchisees are not the same employers and have different Australian Business Numbers (ABN).