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What’s New in Work & Holiday Visas (Subclass 462)?

10 Feb

 

Following on from our blog post yesterday  there are also fantastic developments in Work & Holiday (Subclass 462) Visas, which will make it much easier for holders of this type of visa to stay in Australia longer.

The following article will clarify and demystify the Work & Holiday Visa process – which is quite different from the Working Holiday Visa.

Which passport holders may apply for Work & Holiday Visas?

The following passport holders are eligible for Work & Holiday visas (Subclass 462) if they have the minimum requirements as follows:

Requirement: Successful completion of two years of undergraduate university study

  1. Argentina
  2. Austria
  3. China
  4. Czech Republic
  5. Hungary
  6. Indonesia
  7. Luxembourg
  8. Malaysia
  9. Peru
  10. Poland
  11. Portugal
  12. San Marino
  13. Singapore
  14. Slovak Republic
  15. Slovenia
  16. Spain
  17. Turkey
  18. Uruguay
  19. Vietnam

Requirement: Satisfactory approval to undertake third year of undergraduate university study

  1. Chile

Requirement: Completion of secondary school and completion of compulsory military service (or are legally exempt from military service)

  1. Israel

Requirement: Diploma or degree

  1. Thailand

Requirement: Secondary school qualifications

  1. United States

How do I apply for a Subclass 462 Work & Holiday Visa?

  • Passport holders of Argentina, Austria, Chile, Czech Republic, Hungary, Israel, Luxembourg, Peru, Poland, Portugal, San Marino, Slovak Republic, Slovenia, Spain, United States, and Uruguay may make an Internet application for this visa. This involves opening an “Immiaccount” on the Department of Home Affairs (DHA) website
  • Passport holders of China, Singapore, Indonesia, Malaysia, Thailand, Turkey must complete application forms, and lodge them at the applicable Australian Visa Application Centre in their country of origin, or the relevant Australian Embassy.
  • Apart from passport holders from Argentina, China, Israel, Singapore, and the United States, all other passport holders must demonstrate at the time they apply for the visa that the government of their passport has agreed to their stay in Australia. This requirement does not apply to 2nd Work & Holiday Visa applications.
  • Work & Holiday Visa applicants must be outside of Australia when they make their first application. Applicants may be inside or outside Australia when they apply for their second Work & Holiday Visa.
  • If you are in Australia, and your Work & Holiday Visa has expired, provided no more than 28 days has elapsed since expiry, you may apply for your second Work & Holiday Visa. If the last day of the 28 day period falls on my Saturday, Sunday or public holiday, you may still make an application on the next day that is not a weekend day or public holiday.
  • All Second Subclass 462 Work & Holiday Visa applications may be made online irrespective of the country of passport of the applicant.

How much does an application cost?

Currently the cost is AUD$450. Generally, visa application charges are increased on 1 July each year

What are the age requirements for the Subclass 462 Work & Holiday Visa?

You must be at least 18, but not have turned 31. These are the time of application requirements, which means that if you apply for the visa when you are aged 30, but turned 31 during the processing, your application will still be valid.

How long does it take to have my application granted?

Processing times for the Work & Holiday Visa vary, depending on the processing Centre. The Department of Home Affairs (DHA) website however states that 75% of applications processed in 28 days, and 90% of applications in 50 days.

What do I need to do to become eligible to apply for a second Work & Holiday Visa?

  • You must complete three months of specified Work & Holiday Visa work in eligible regional areas of Australia.
  • All work must be paid.
  • Specified work includes:
    • Plant and animal cultivation in northern Australia and other specified areas of regional Australia (see below). This type of work includes:
      • harvesting and packing of fruit and vegetable crops
      • pruning and trimming vines and trees (excludes general garden maintenance)
      • general maintenance crop work
      • growing plants and mushrooms
      • processing plant products
      • rearing animals (e.g. cattle, sheep and goats et cetera) for the purpose of sale, slaughter and harvesting of e.g. milk and other animal products.
      • Shearing, butchery, packing meat products and tanning.
      • Manufacturing dairy produce.
    • Fishing and pearling in northern Australia
    • Tree farming and felling in northern Australia. This type of work includes:
      • planting trees in a plantation or forest
      • felling trees in a plantation or forest
      • transporting harvested trees to be milled or processed
    • Tourism and hospitality in northern Australia. This type of work includes:
      • providing services to tourists including, tourist guides, outdoor adventure/activity instructors, tourist transport.
      • Museum managers, curators or guides
      • hospitality workers in hotels, restaurants, café’s, bars, casinos and other accommodation venues
      • conference and event organisers

Examples of acceptable specified work are:

  • fruit picking
  • feeding and herding cattle
  • horse breeding and stud farming
  • conservation/environmental reforestation work
  • zoo work including plant or animal cultivation
  • a chef in a restaurant
  • a dive instructor
  • a tour bus driver

Examples of ineligible work  include:

  • working as a nanny on a farm
  • providing wine tastings at a cellar door
  • cleaning work in e.g. restaurant
  • driving a school bus
  • working as a sales assistant in a souvenir shop

How do I calculate three months’ work?

This is a minimum of 88 days of work and includes weekends or equivalent days off during a period of employment. A “day” of work is whatever the normal day is in the occupation and industry worked. For example, a normal day in fruit picking may be six hours and a normal day in a restaurant may be eight hours.

Public holidays and sick days may be counted as specified work if you are paid for those days.

The work may be spread over a longer period and does not have to be continuous or completed with the same employer.

TIP If you choose to do outdoors specified work, you may not count days where you are unable to work because of severe weather conditions or other complications. For this reason, it is an extremely good idea to complete your regional specified work early during your first Work & Holiday Visa.

What are the specified areas of northern and regional Australia?

The following areas are eligible for specified work in tourism and hospitality, plant and animal cultivation, forestry and fishing:

  • Northern Territory: the entire territory
  • Queensland: (all areas north of the Tropic of Capricorn)
    • 4472
    • 4478
    • 4481to 4482
    • 4680
    • 4694 to 4695
    • 4697
    • 4699 to 4707
    • 4797 to 4714
    • 4717
    • 4720 to 4728
    • 4730 to 4733
    • 4735 to 4746
    • 4750 to 4751
    • 4753 to 4754
    • 4756 to 4757
    • 4798 to 4800
    • 4801 to 4812
    • 4814 to 4825
    • 4828 to 4830
    • 4849 to 4850
    • 4852
    • 4854 to 4856
    • 4858 to 4861
    • 4865
    • 4868 to 4888
    • 4890 to 4892
    • 4895
  • Western Australia (all areas north of the Tropic of Capricorn)
    • 0872
    • 6537
    • 6642
    • 6646
    • 6701
    • 6705
    • 6707
    • 6710 to 6714
    • 6716
    • 6718
    • 6720 to 6722
    • 6725 to 6726
    • 6728
    • 6740
    • 6743
    • 6751
    • 6753 to 6754
    • 6758
    • 6760
    • 6762
    • 6765
    • 6770

Work in the following areas of regional Australia is eligible specified work in plant and animal cultivation only.

  • Australian Capital Territory – no eligible areas
  • New South Wales:
    • 2311 to 2312
    • 2328 to 2411
    • 2420 to 2490
    • 2536 to 2551
    • 2575 to 2594
    • 2618 to 2739
    • 2787 to 2898
    • Sydney, Newcastle, the Central Coast, Wollongong are excluded.
  • Norfolk Island – all of Norfolk Island
  • Queensland:
    • 4124 to 4125
    • 4133
    • 4211
    • 4270 to 4272
    • 4275
    • 4280
    • 4285
    • 4287
    • 4307 to 4471
    • 4474 to 4477
    • 4479
    • 4480
    • 4486 to 4498
    • 4510
    • 4512
    • 4515 to 4519
    • 4550 to 4678
    • 4715
    • 4716
    • 4718
    • 4719
    • 4857
    • Greater Brisbane area and the Gold Coast are excluded
  • South Australia – all South Australia
  • Tasmania – all Tasmania
  • Victoria:
    • 3139
    • 3211 To 3334
    • 3340 To 3424
    • 3430 To 3649
    • 3658 To 3749
    • 3753
    • 3756
    • 3758
    • 3762
    • 3764
    • 3778 to 3781
    • 3783
    • 3797
    • 3799
    • 3810 to 3909
    • 3921 to 3909
    • 3921 to 3925
    • 3945 to 3974
    • 3979
    • 3981 to 3996
    • Melbourne metropolitan area excluded
  • Western Australia:
    • 6041 to 6044
    • 6055 to 6056
    • 6069
    • 6076
    • 6083 to 6084
    • 6111
    • 6121 to 6126
    • 6207 to 6536
    • 6556 to 6640
    • 6731
    • 6733
    • Perth and surrounding areas are excluded.

What evidence is needed to show that I have completed the specified work?

You will need evidence of pay slips and a completed employment verification form (Form 1464), signed by your employer/s.

How will I be able to apply for a third Work & Holiday Visa?

Currently the regulations have not been drafted, but the Australian government has announced that to be eligible for a third Work & Holiday Visa, six months of specified work will be required during the second Work & Holiday Visa, commencing from 1 July 2019.

FYI

In our previous blog article about Working Holiday Visas (9 February 2019) we discussed the possibility of transitioning from the Working Holiday Visa to permanent residence. Have a look at this article, as the same principles apply to the Work & Holiday Visa which means that you can use your Work & Holiday Visa as a steppingstone to permanent residence if you meet the requirements of the relevant visas

It is also possible to transition to a Temporary Skills Shortage visa, if your occupation and experience meets the requirements.

Designated Area Migration Agreements (DAMA) are also a conduit to permanent residence for those of you whose occupations are the semiskilled. Currently there is only one DAMA, in the Northern Territory, but it provides exciting opportunities for people who would otherwise not be able to apply for permanent residence in Australia. Please see our blog article on this topic.

We hope this article has assisted your understanding of Work & Holiday Visas. Should you require further information please don’t hesitate to contact our team either by telephone on +61 3 95735200 or by email to [email protected]

If you would like to speak to us about transitioning to permanent residence, or any other type of visa following your Work & Holiday Visa, please don’t hesitate to book a consultation with us, and we will explore all of your options.

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