Kjonesinoz Posted January 9, 2015 Share Posted January 9, 2015 Hi, I hope I have posted this in the right forum, if not I do apologise as I am new to the site! I need some advise on WHV. I am in my last 6 months of my 2nd year of WHV. I worked for just under 6 months for a bank in Melbourne through an agency. I am in Melbourne looking for work and the agency is wanting to offer me an opportunity in the same area of the bank that I was working for prior. Does anybody know what the restrictions are when working for an agency (as I know you can work through an agency for more than 6 months). If an offer of a new contract/different position within the bank count as a seperate job? I don't want to breach my visa restrictions of course, but I am keen to find work and I have a good reputation with this company and team! Any advice would be greatly appreciated! (I tried calling immigration for help but they are not taking calls according to the automated recording!) Thanks :-) Link to comment Share on other sites More sharing options...
Marisawright Posted January 9, 2015 Share Posted January 9, 2015 I don't know what the legal position is, but I can tell you that in practice, the restrictions are ignored all the time and nobody seems to check. Both of my nieces worked for one company (through an agency) for almost a year, on and off. Link to comment Share on other sites More sharing options...
Ozmaniac Posted January 9, 2015 Share Posted January 9, 2015 If the new contract is with the same bank, you can't work for them UNLESS the previous work for them was during your first WHV. The 6 months per employer applies separately to each 12 month WHV and it's quite legal to do another 6 months with an employer from the first WHV. Link to comment Share on other sites More sharing options...
awelter Posted January 9, 2015 Share Posted January 9, 2015 The key term here is the same employer and how DIBP apply the definition. Many people are trying get employed through an agent thinking they would comply with the condition 8547 but they do not comply. See what the policy says: For the purpose of condition 8547, the employer is the business for which the visa holder is directly working directly - that is, the end user.... 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. Link to comment Share on other sites More sharing options...
oddball Posted January 10, 2015 Share Posted January 10, 2015 When I had a similar issue, I contacted immigration and I was advised it came down to the ABN which employed/paid me. I continued working at the same place, but my boss employed me under a different ABN. This is only my experience and was a few years ago though. Link to comment Share on other sites More sharing options...
blossom Posted January 10, 2015 Share Posted January 10, 2015 When I had a similar issue, I contacted immigration and I was advised it came down to the ABN which employed/paid me. I continued working at the same place, but my boss employed me under a different ABN. This is only my experience and was a few years ago though. Immigration are notorious for giving out incorrect advice. It is not allowed, and although it probably won't get picked up on at the time, it could cause big problems if you go to apply for visas in the future. Link to comment Share on other sites More sharing options...
Raul Senise Posted January 11, 2015 Share Posted January 11, 2015 Hi, I hope I have posted this in the right forum, if not I do apologise as I am new to the site! I need some advise on WHV. I am in my last 6 months of my 2nd year of WHV. I worked for just under 6 months for a bank in Melbourne through an agency. I am in Melbourne looking for work and the agency is wanting to offer me an opportunity in the same area of the bank that I was working for prior. Does anybody know what the restrictions are when working for an agency (as I know you can work through an agency for more than 6 months). If an offer of a new contract/different position within the bank count as a seperate job? I don't want to breach my visa restrictions of course, but I am keen to find work and I have a good reputation with this company and team! Any advice would be greatly appreciated! (I tried calling immigration for help but they are not taking calls according to the automated recording!) Thanks :-) Working in a different department of the same bank would be seen as a breach as you would still be working for the same employer, irrelevant of whether you are employed through an agency. Link to comment Share on other sites More sharing options...
Raul Senise Posted January 11, 2015 Share Posted January 11, 2015 I don't know what the legal position is, but I can tell you that in practice, the restrictions are ignored all the time and nobody seems to check. Both of my nieces worked for one company (through an agency) for almost a year, on and off. If caught working in breach of visa conditions, visa holders could face a 3 year ban from Australia. Furthermore, it would cause issues with any subsequent visa applications due to non-compliance of visa conditions. Link to comment Share on other sites More sharing options...
Kjonesinoz Posted January 12, 2015 Author Share Posted January 12, 2015 Thank you everyone for the advice. I called immigration and they did not mention ABN but said I could work for the same company as long as it was a new contract and a different location to where I was working before. It all seemed a little bit in a grey area and the agency that were employing me did not usually deal with WHV at all so they couldn't risk it....so now trying to find somewhere to work and live in Melbourne asap! Link to comment Share on other sites More sharing options...
blossom Posted January 12, 2015 Share Posted January 12, 2015 The problem with Immigration is that they have untrained people answering the phones. And even worse, they are not accountable when they give out bad information, like the info you have just been given. If that info gets you banned for breaking visa rules, tough. There is nothing you can do, even if you have the persons name. That is why it pays to check with a MARA registered agent like @Raul Senise above. They are held accountable if they give incorrect info so are more likely to make sure they are telling you the right things. Link to comment Share on other sites More sharing options...
Raul Senise Posted January 12, 2015 Share Posted January 12, 2015 Quoted directly from the Immigration Department's web sit: The 'employer' is the business or organisation for which you are working directly. 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. Link to comment Share on other sites More sharing options...
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