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Guest vidon

Definition of "Six Months" for working holiday visa

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Guest vidon

Hello - my partner is currently in Australia on a working holiday visa. We will be marrying soon and applying for him to migrate as my spouse. I have a working holiday visa question.

 

My partner worked for three months, from March-May, doing part-time casual tutoring for a local university. He has been offered another three-month contract with the same university, from mid-July to mid-October. We weren't sure, though, whether he were allowed to take another contract. The total amount of working time won't exceed six months, but the employment is spread over more than six months of the calendar year, because the six-week term break, during which he didn't work and wasn't paid, intrudes in the middle.

 

How do they calculate the "six months" maximum working time for a given employer? Do you just count the weeks when you actually perform work, until those add up to the equivalent of six months? Or does a clock start ticking from the first day you start working, and six months after that date you can no longer work for that employer, even if there have been breaks in employment during that six-month period?

 

Hope this makes sense...

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Guest Cimbom

When are you looking to apply for the spouse visa? I think he should be fine but I'm not an expert so hopefully someone else can clarify.

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Guest vidon

Thanks for replying - we'll be applying for the spouse visa in August. I wasn't so much counting on that application to be processed in time that the employment restrictions wouldn't be an issue (I was told when I called immigration that it would take up to eight months to process the application, and that the employment restrictions on my partner's original visa would apply until the application had been processed). So we're intending to abide by the restriction that my partner can't work for more than six months for any given employer.

 

We just didn't know how they "count" the six months - whether it means that, whatever date you begin working for someone, you can no longer accept any work from them after 6 calendar months. Or whether it means that you can't tally up more than six months actually working, but those working months could be spread through the year. If that makes any sense...

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Guest Laura G

You can only work for the same emloyer for a period of 6 months. Contracts can be divided.

The 6 month rule is to encourage people to work and travel.

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He will be fine. When he is not working for them he is not working for them so that in between period will not count towards the 6 months.


Sandra Maxfield LLB (Hons), BA

www.eurekamigration.com; Lawyer admitted in Victoria, Australia & New York, USA. MARN 1066311

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Guest vidon

Thank you so much for responding: this makes sense - what matters is the total number of months he's actually on contract, and not how those months are spread out through the year. The contracts are just for twelve weeks each, and so will add up to a total of 24 weeks across the year - it sounds like this shouldn't push him over the limits of his working holiday visa. Many thanks...

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