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Know The Working Rights Of Employee On A Working Holiday Visa

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Every year, Australia witnesses the influx of legions of tourists, who come to explore and perceive the aesthetics of this mesmerizing nation. But, as the living standards in Australia are quite high, visitors need to carry sufficient funds along with them to meet the expenses of their daily living in Australia. Here where the significance of the working holiday visa 417 and 462 comes into play. Both these visas grant the permission to the concerned applicant to work at a reputed Australian organization to earn and fund the expenses of their Australian trip. If you wish to apply for either of visa types, you must be between 18 to 31 years old and not more than that. Besides, there are certain rights which the applicant gets entitled to as an employee as soon as he/she applies for any of the working holiday visas i.e. the visa subclass 417 and 462. A comprehensive information about some of these working rights can be considered below.

Working rights of both the Working Holiday Visas

When it comes to the working rights of both the working holiday visas i.e. the visa subclass 417 and 462, the applicant gets entitled to certain working rights according to the condition 8547. Some of these rights include:

  1. A work limitation period of 6 months

Yes, whether you have applied for the visa subclass 417 or that of visa subclass 462, both these working holiday visas allow you to work under the same Australian employer for a period of 6 months and not more than that. However, if you exceed the duration of 6 months for any reason and continue working under your Australian employer, then you may face a sudden rejection/cancellation of your working holiday visa. Additionally, you will get entitled to the said working period of 6 months only if your job:

  • Requires you to aid in the process of the eradication of a bushfire.
  • Needs you to work in any of the industries located particularly in Northern Australia.
  • Is connected to the cultivation of the flora and fauna of a particular Australian region.
  • Grants you to work continuously for a period of 6 months and more than that, so on and so forth.

After your working period of 6 months gets over, you will have to switch to another employer to continue working for another 6 months in your chosen sector. However, if you wish to extend your working period for another 6 months more under the same employer, then, you will have to apply to seek a special permission for that. But, you can do the same only if you have met any of the criteria given below.

  • If you are working as an Au pair in a particular region/territory of Australia.
  • In case if you are working in any of the industries of northern Australia and
  • If for any reason you have applied for an employer sponsored visa.
  1. Work in different Australian regions

Both the work and holiday visa 462 and 417 permit the applicant to work under the same employer for a period of 12 months at a go by working in two different locations of a particular Australian industry. Some of the ways through which you can do this can be considered below.

  • If you are working for two different units belonging to the same company as well as the same employer.
  • If you are assisting a particular business and will do so for the next 6 months while managing a profession independently for a period of 6 months as well.
  • In case you are working for two different businesses, and, which are run by the same employer.
  • By working for a subsidiary enterprise which is the offshoot of the main company you are working for, and, both of which are registered with two different Australian Business Numbers or ABNs.
  • Suppose there are two different orchards pertaining to the same business and you are working for each of them for a period of 6 months each.
  • Eventually, if you work for two different restaurants which are located inside the same building to name just a few.

Remember, that breaching of any of the conditions of your working holiday visa may lead to its sudden rejection/cancellation, following the dismissal from your workplace.

Can you work for more than 6 months?

You can work for more than 6 months under the same employer only if you are working in any of the industries mentioned below.

  • Tourism and Hospitality
  • Mining
  • Construction
  • Tree Farming and Felling
  • Pearling and Fishing
  • Aged Care and Disability Services to name just a few.

This particular facility is only applicable to all those working holiday visa holders, who are working in any of these sectors mentioned above, particularly in various parts of northern Australia.

For how long can you work?

Well, coming to your working rights in terms of the work duration, with either of the working holiday visas, you can work in any Australian organization for the specified time-frame for which you have been employed to work and not more than that. However, your working holiday visa may become subject a rejection/cancellation, in case, you exceed the conventional timing of your job.

Can you extend your stay in Australia?

When it comes to extending your stay in Australia after the duration of your working visa gets over i.e. 12 months, you can easily apply for any of the visas given below.

  • Occupational Trainee Visas
  • Partner Visas
  • Employer Sponsored (TSS or 457 visa)
  • General Skilled Migration
  • Student Visa or a
  • Second Working Holiday Visa which requires you to work in a specific Australian organization continuously for 3 months.

All these visa types mentioned above offer a couple of work rights in some way or the other, but, they are not as advantageous as the work rights provided by both the working holiday visas i.e. the visa subclass 417 and 462.

Who can help?

If you too want to optimize all these work rights mentioned above, then a professional Migration Agent Adelaide can help you with this in the best possible way, depending on the type of working holiday visa you have chosen.