• admin@summitmigration.com.au
  • Mon - Fri: 9:00 - 18:30

Can I Apply for a Work Rights Waivers on a Working Holiday?

Share on facebook
Share on twitter
Share on linkedin
Share on email
Share on reddit
Can I Apply for a Work Rights Waivers on a Working Holiday?

If you are on a working holiday, and you want to stay on your employment beyond the 6-month limit, there is a pathway to apply for a work right waiver that will allow you to stay with your employer.

The Department of Foreign Affairs recognizes that sometimes working holiday visa holders and work and holiday visa holders might want to stay with their employers longer than the mandated 6 months. However, in order to have this work right granted, you’ll need a very good reason why this should be waived. You can request to remain in your employment position if you applied to the 2nd visa after your working holiday visa expires and you’re awaiting a decision on that application.

This is generally the most common reason work right waiver can be applied for and probably the most likely to result in a positive outcome. Permission to stay with your employer can also be granted in what termed as “exceptional circumstances”. For instance, if you’re involved in a work project which is considered critical to your employer, your employer may be able to write a support letter that explains why you needed to remain in that position.

It is important to keep in mind however, that what the Department of Home Affairs considers to be critical may differ from your definition. It’s unlikely you’ll be successful in your application for work rights waiver if you’re required to play a project in a low skilled job, such as a retail position or under administration position. Critical can generally be established if your work is in a highly specialized industry and your skills specialization is critical to the outcome project.

In other circumstances, you may be able to request a work rights waiver if you are assisting with a disaster such as rebuilding after a bush fire or perhaps cleaning up after a flood or similar natural disaster. Extending the work condition on a working holiday visa or work and holiday visa can also be done if you’re being employed in your occupation as an au pair.

If you have been working with a single family for 6 months, it is likely you’ll be able to be granted approval to stay on in the same employment role for a further 6 months. To be considered and classed as an au pair by the Department of Home Affairs, you will need to demonstrate that you’ve spent the bulk of your time looking after children under the age of 12.

Likewise, you can also be granted a waiver if you work in certain industries in remote and regional Northern Australia including aged and disability care, tourism, mining construction, forestry, and agriculture. You will need to be either in the Northern territory or places in Queensland and WA that sit north of the tropic of Capricorn line.

We strongly suggest that applicants do not leave in the final minutes to submit a work rights waiver request. There is a nominated form known as the form 1445 or waiver form that should be lodged at least 2 weeks prior to the conclusion of your 6 months with your employer. Should you work past the allowed 6 months, you may be putting your compliance with your current visa conditions at risk which can have an impact on future visa applications.

To help you prevent this risk, it is important that you talk with a registered migration agent. You may contact Summit Migration to talk with a registered migration agent.

12 thoughts on “Can I Apply for a Work Rights Waivers on a Working Holiday?”

  1. Avatar

    A formidable share, I simply given this onto a colleague who was doing a bit of analysis on this. And he in actual fact purchased me breakfast as a result of I found it for him.. smile. So let me reword that: Thnx for the deal with! But yeah Thnkx for spending the time to debate this, I feel strongly about it and love studying extra on this topic. If doable, as you change into experience, would you mind updating your blog with extra particulars? It’s highly useful for me. Big thumb up for this blog post!

  2. Avatar

    Howdy just wanted to give you a quick heads up. The text in your content seem to
    be running off the screen in Ie. I’m not sure if this is a formatting issue or something to do with internet browser compatibility but
    I figured I’d post to let you know. The design and style look great though!
    Hope you get the issue fixed soon. Thanks

  3. Avatar

    Someone essentially assist to make significantly posts I might state.
    This is the very first time I frequented your web page and thus far?
    I amazed with the research you made to create this particular submit extraordinary.
    Magnificent job!

  4. Avatar

    Whats up this is somewhat of off topic but I was wondering if blogs use WYSIWYG editors or if you have to manually code with HTML.
    I’m starting a blog soon but have no coding knowledge so I wanted to
    get advice from someone with experience. Any help would be enormously

  5. Avatar

    I do trust all of the ideas you’ve introduced on your post.

    They’re very convincing and will definitely work.
    Nonetheless, the posts are very quick for newbies.
    Could you please lengthen them a bit from subsequent time?
    Thank you for the post.

  6. Avatar

    It’s appropriate time to make a few plans for the future and it’s time to be
    happy. I’ve read this publish and if I may
    just I want to recommend you some attention-grabbing issues or
    suggestions. Perhaps you could write subsequent articles referring to this
    article. I wish to learn more things approximately it!

Leave a Comment

Sign up for our Newsletter

want more details?

Join Our Skilled Migration Mail List and Get Updates and Free Advice


Don’t Leave Your Case To Chance. Get Expert Advice. 

Call Now