Detail Question Of The Week



Can I get 2nd year of Work and Holiday Visa without a specified work?

Category:Visitor and Working Holiday Visa

Question asked

Hi,
In January 2013, I first travelled to Australia with my first work and holiday visa. I made a road trip from Sydney to Darwin and worked this year as follows:

January - April 2013: travelling the Eascoast & Thailand
April - August 2013: Restaurant Manager in Warwick WA (reference attached)
August - Sept. 2013: Banana Farm in Mission Beach QLD


Unfortunately, I did not complete my 88 days of farm work and did not stay for the complete 12 months because I was young and I did not think things through.

If I would have know how much I would miss Australia I would have taken the chance to secure me my 2nd year with specified work instead of restaurant work.

I called the immigration centre in Australia and they told me I could try it and apply for the 2nd year anyways and they would make a background check.
My question is:

How high is my chance to get granted the 2nd year without specified work?

Answer provided by our agents

Hi CA,

Please note because you do not fulfil the below criteria, you will not be able to apply for a second working holiday visa.

(a) the applicant has carried out (whether on a full-time, part-time or casual basis) a period or periods of specified work in regional Australia as the holder of the visa; and

(b) the total period of the work carried out is, or is equivalent to, at least 3 months full-time work; and

(c) the applicant has been remunerated for the work in accordance with relevant Australian legislation and awards.

A student visa application may be a possibility if you wish to study full time in Australia, or alternatively if you have an employer willing to sponsor you and you have the necessary skills and meet other legal criteria, you may wish to consider whether a temporary work visa would be a suitable option.

Please let me know if you have further questions about my advice.

You will be given an option to contact me to engage my services once this question has been finalized.
-------- Request for Clarification -------------------

Hi,

Thanks for your help. But don't I fulfil criteria (b)?
I've worked for more then 3 months in a full-time job!!

-------- Clarification from Migration Agent ------------------

Hi CA,

Part (b) of this clause is referring to the amount of time you spent doing specified work so you cannot count time in other employment towards meeting this criterion.

If you have not done 3 months (88 days) of specified work, you will not meet this visa criterion and therefore will not be eligible for visa grant. Under policy, 3 months is considered to be 88 days minimum. See below an excerpt from immigration policy about this requirement.

"Under policy, three months is taken to mean 88 days, which is the shortest possible combination of months in a calendar year. One full day of work is defined as having worked the minimum number of hours considered a standard day by the particular industry in which the applicant is employed. Generally, the Australian working week is 35 to 40 hours, comprising 7 to 8 hours of work each day. Individual employers cannot set a smaller period of time than the industry standard to satisfy the specified work requirement.

In calculating the period of time for which the applicant has undertaken specified work, the type of employment relationship the applicant may have with their employer, including full/part time employment, casual employment or voluntary employment, is not as important as whether the relevant industry considers the period of work completed to be equivalent to full time work for that industry. For example, if the applicant’s paid employment involved 2 weeks on and then 2 weeks off, and this is standard practice in the industry, the applicant would be considered to have worked for 4 weeks (28 days). If the employer is satisfied that the applicant has undertaken the equivalent of full time work for that industry for the specified period, delegates may be satisfied that the applicant has undertaken full time work for the specified period.

Applicants whose work is equivalent to full time employment may count weekends in the 88 day period. However, if the applicant’s work is not equivalent to full time employment, that is, part time or casual, they may only count the full days actually worked.

If the applicant is employed by more than one employer at the same time, they may only count each calendar day of work completed once towards their 88 day specified work requirement.

The shortest period that may be counted towards the specified work requirement is 1 day of full time work (for that industry). Applicants cannot count a long day of work as more than one day of specified work. For example, if the industry’s standard day is 6 hours long, working a 12 hour day does not count as two days of specified work.

An applicant may count sick days only during periods they were employed (that is, paid) and entitled to sick leave or covered by a workers compensation scheme. Days may also be counted if the applicant was employed (that is, paid) but was unable to work because of climatic conditions (for example, cyclone). In these situations, supporting evidence should be provided from the employer by the applicant. Casual workers who were prevented from working because of injury or climatic conditions (for example, cyclone) cannot count any time they were unable to work towards the 3 month period."


You will be given an option to contact me to engage my services once this question has been finalized.
Migration Agent