Working holiday 6 month employment limitation - applicable?

[Max B]

Hi guys! 

I have very specific question if anyone possibly faced same situation: my wife has lodged partner visa and just made me aware that while being on WH1&2 she has been working for one employer for 9 month all together. She has lodged and was granted WH2 right after she has commenced employment on her WH1, however her WH1 was meant to expire few month later. What is start day for WH2 in this case (grant day or WH1 expiry)? Will this case be treated as visa condition breach which will lead to partner visa rejection? Any thoughts welcome!

[ali]

My understanding is that if you apply whilst in Aus and still on the WH1 wanting to remain in Oz for 24 months back to back when the WH2 is granted you are permitted to remain for 2 years from the date you first entered Australia.

From the immigration website Re 6 months employment  https://www.border.gov.au/Trav/Work/Empl/WHM-six-months-one-employer

 If you are granted a second Working Holiday or Work and Holiday visa you can return to an employer that you worked for on your first visa for a further six months. The six month work limitation resets once you have been granted your second visa.   Had your partner exceeded 6 months prior to being granted the 2nd WHV?  

Re employment on WHV1: 

If you hold a Working Holiday (subclass 417) or Work and Holiday (subclass 462) visa, the main purpose of your visit must be for an extended holiday. You can do any kind of work over the course of your 12 month stay in Australia; however, the conditions of your visa limit you to a maximum period of six months work with any one employer, unless you've been given permission by the Department of Immigration and Border Protection to work longer.

However, you do not need to seek permission to work with the same employer for up to 12 months, in circumstances where the work is undertaken in different locations and work in any one location does not exceed six months.

For example, you can work with one employer for up to 12 months in the following situations:

• hotels, resorts or restaurants within the same chain, provided they are in different premises
• independently owned franchises, in different workplaces
• State and Territory schools and health care facilities, provided these facilities are at different addresses
• separate branches or facilities (for example abattoirs or farms) of the same organisation or business owner.

 

[Max B]

Hi Ali!

Yes, she has applied being onshore. The chronology of what happened following: she has started working in March on WHV1 - lodged WHV2 end of March - was granted WHV2 two days later end of March - has continued working until November (8 months) 

Her understating of conditions was that her employment will be counted under WHV1 until very end of May (WHV1 expiry) and from then on on WHV2 (was actually granted in March)  until end of November. She hasn't overstayed 24 month all together. 

If 6 month limitation comes in effect on the grant day it seems to be a breach, however there is no particular indication on such date as total stay period is just extended to two years once WHV2 is granted. Basically not stating the WHV1 to WHV2 transition date when conditions/limitations should reset. 

[Dragonflygecko]

She's fine don't worry! I had the same concern. My boyfriend and I had 2 years in Oz, we met on the second year. He had worked for employer 1 for 4 months in the first year and 4 months on the second and then employer 2 for 6 months on the first and again 4 months on the second year. So in total worked 8 months with employer 1 and employer 2 10 months in total. The employers were also friends! We were granted permanent residency last week- no issues. ?????

 

as above, the second year starts the 6 month period over again. So from May she was free to work with that employer again. 

Edited June 2, 2017 by Dragonflygecko