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

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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.


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