Want to Stay on After Your Working Holiday Visa Expires? – 10 tips for success.

So you’ve experienced Australia while on a Working Holiday Visa and want to stay after it expires. Here are our tips for success!

It’s very common for people to come to Australia on a Working Holiday Visa and decide they’d like to stay after it expires. Whether you’ve found an employer to sponsor you or you would like to explore the other pathways available.

1. Plan ahead.

At AHWC Immigration Law, we have found that a lot of people wait until their Working Holiday Visa expires or is close to expiring before enquiring about their options to stay in Australia. This can make the process extremely stressful and may limit the pathways that are available. Our Migration Agents recommend being proactive when considering your options after your Working Holiday Visa expires. This will allow you to choose a pathway best suited to your individual situation and increase the likelihood of you being able to stay in Australia.

2. Determine whether your chosen occupation is on an Australian occupation list.

The two main occupation lists are the MLTSSL and the STSOL. There are also ever-changing State Nomination lists for each state and Territory. The occupation lists determine which working visas you may be eligible to apply for. If you are unsure of whether your chosen occupation is on an Australian occupation list, our Migration Agents at AHWC Immigration Law can assist you.

3. Collect certified copies of official documents.

Gathering copies of your official qualification documents and transcripts will allow you to be prepared if you decide to proceed with a visa subsequent to your Working Holiday Visa. Make sure you have certified translation of these official documents or transcripts if they are not in English. Ensure that the official qualification documents and transcripts are relevant to your nominated occupation.

4. Engage your past employers.

If you are relying on work experience in lieu of (or in addition to) qualifications, or to accrue points for Skilled Independent migration, you will need to provide letters from past employers specifying dates of employment and work tasks performed. You will also need evidence of being paid for the work, such as pay slips or tax returns/PAYG summaries. Engaging with your past employers as soon as possible will make applying for your visa less stressful later on in the process.

5. Work in your chosen occupation as much as you can without breaching the 6-month rule.

The more experience you have in your chosen occupation the better. However, you must not breach the six-month rule. This means that you cannot spend more than six months with any employer whilst you are on your Working Holiday Visa.* Breaching this rule may have serious ramifications for future visa applications.

*Note: You may work up to 12 months with each employer if you are on a Working Holiday Visa and assisting Australian bushfire recovery efforts. You can also work with each employer for more than six months, regardless of the industry, if the location of your employment changes within each six-month period.

6. Ask your employer in advance if they would be willing to sponsor you.

If you are considering asking your employer to sponsor you for a type of working visa, we recommend you do so in advance so the employer has adequate time to consider the request, as well as to adequately advertise the position, as is required for Subclass 482 (TSS) Nominations. If you lodge an employer sponsored visa application whilst working for your nominating employer, the Department of Home Affairs will usually waive the six-month rule (upon request).

7. Be proactive in gaining an Australian licence or registration for selected occupations.

If you have experience working in a licensed trade or occupation, e.g. electrician, plumber, air-conditioning technician, nurse, etc. you should be proactive in gaining your Australian licence or registration for the selected occupation. For the purpose of Skilled Independent Visas, for employment claimed for the purpose of points, the Department of Home Affairs does not recognise Australian work experience where you do not have a licence.* Additionally, without a licence, in some cases, you cannot be granted an Employer Nominated Visa (Subclass 186).

*Note: You do not require licensing for Skilled Independent Migration Visas, but you must have a licence for any Australian work experience claimed for points.

8. Complete a skills assessment in your nominated occupation as soon as possible.

For most permanent visas, as well as the regional 494 and 491 visas, a positive Skills Assessment for migration purposes is required. The process of obtaining a Skills Assessment can take up to 12 weeks, so it’s important to start this process as early as possible.

9. Prepare early for the English Test if you are required to complete one.

If you need to complete an English test such as IELTS  (either because you don’t have an exempt passport or you need the points provided by a high English score) prepare early and take the test with lots of time to spare to ensure you get the best result possible.

10. Complete the required regional work.

On your first Working Holiday Visa, you are required to complete 88 days of regional work to qualify for your second Working Holiday Visa. If you would like to apply for a third Working Holiday Visa, you are required to complete 6 months of regional work during your second Working Holiday Visa.

It is important to be honest about the required completion of 88 days regional work to gain your second Working Holiday Visa. Not completing the 88 days of regional work may compromise your chances at gaining your Second Working Holiday Visa. If the Department of Home Affairs becomes aware that you were dishonest when making a claim about the regional work that you completed, you may be banned from applying for Australian visas for at least three years.

It is important to be truthful and honest in all applications made for Australian visas. Not only can dishonesty ban you from future applications, but it may also compromise members of your family being able to apply for Australian visas in the future.

11. Engage a Registered Migration Agent to assist you.

Engaging a Registered Migration Agent is beneficial as there will be pathways you haven’t thought of and issues you haven’t considered in your unique set of circumstances. If you would like to discuss your options with a registered Migration Agent, book a consultation with a migration agent from AHWC Immigration Law here.