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Working Holiday Visa Rules - Oz

Travel Forums Australia / New Zealand & The Pacific Working Holiday Visa Rules - Oz

1. Posted by lynniep (First Time Poster 1 posts) 11y

Wonder if anyone could help clarify the working holiday visa rule which is 'can only work for one employer for 3 months'. Seems straightforward doenst it?! Not really, especially when no-one I ask seems to really know.

Does 'employer' simply mean who I am paid by directly - or where I work i.e where the 'original' payment comes from?

To elaborate, I am employed by a testing company as a contractor, who used a recruitment company to find me (I am paid by the recruitment company) The testing company then sent me to work for a third party - a bank.

So - when my three months are up, which 'employer' can I no longer work for during my stay in Oz? The recruitment firm, the testing company, or the bank?

2. Posted by Sam I Am (Admin 5588 posts) 11y

Trust me, this is WAY too complicated for the tax officials in Oz so you'll have no problem :) Seriously though, this rule is one that should be enforced by the employer and it's their responsibility primarily (there's some pretty hefty fines for them if they don't). I know a lot of people that worked for the same temp agency their whole 12 month stay so if you can stay recruited/payed by the recruiting company while your contract is actually moving around (whoever is actually employing you and has a contract with you to do work for them) then it shouldn't be a problem. If the bank doesn't have you on contract but has a contract with the testing company, I think your only employer has actually been the testing company. If they really want to keep you, they might work something out that the bank becomes your employer though...

Hasn't the recruitment company come across this before? Have you checked with the ATO (don't quote me over them :) )?

Cheers,

Sam

3. Posted by gnangarra (Full Member 59 posts) 11y

As I understand the qualification for 3 months (90 days) is who/company account (this will be identified by the company abn number) that the money you recieve comes from.

if the recruitment agency pays you then you can work for them for 3 months only. If they want you to continue pass three months then they need to pay you from a different source, you'll be required to fill in a new tax declaration. The new data matching systems that are now in place will identify breaches.

Just remember if there is a breach of the visa it can be cancelled imediately and you will be deported. This will affect all further visa applications.

check out my thread 'Working in Australia' for a link provided by 'Koalagirl' to the immigration department.

personally if there is doubt i would be on the side of caution.

The are alternative visa's available you could apply for, especially with the support of your employer. I would think that you could continue to work while an alternative visa application was been processed.

4. Posted by Sam I Am (Admin 5588 posts) 11y

Quoting gnangarra

As I understand the qualification for 3 months (90 days) is who/company account (this will be identified by the company abn number) that the money you recieve comes from.

I don't agree with this. I've seen tons of backpackers work for employment agencies for longer than 3 months (there's businesses set up around this concept alone) but of course that doesn't prove the case.

What might help though is reading the FAQ's on the immigration website which are really good. I'll quote the part that's most relevant and I think it answers the question without doubt (plus it's the government saying it so then you definitely can't go wrong).

Here goes:

Quoting "http://www.immi.gov.au/faq/visiting/visiting03.htm#x7"

Work condition 8108, which is attached to the Working Holiday visa, states that 'the holder must not be employed in Australia by any one employer for more than 3 months, without the prior permission in writing of the Secretary (of the Department)'.

The main purpose of your visit should be to holiday and travel. Any work should be incidental to supplement funds; periods of work should be broken up by periods of holiday and travel. Working beyond the three months with the same employer without the required permission may result in your visa being cancelled and you may be required to leave Australia.

For the purposes of condition 8108, the department regards the 'employer' as the organisation for which you are actually working, that is the organisation where the work is actually done, or the 'end user'. Where you are referred by an agency or labour supplier to a business, you are permitted to work for that business for three months. The same agency or labour supplier can later refer you to another business where you may work for another three months.

You are not permitted to extend your employment beyond 3 months with any one employer through the use of business affiliates and/or sub-contracting arrangements, or by using different employment agencies (to remain in the same job).

In practical terms, this means that you cannot work for longer than 3 months in the same position, in the same location, doing the same work.

The main thing is you don't try and stay working for the bank or the testing company for longer than 3 months (each).... Here's the clickable link

[ Edit: URL fixed... ]

5. Posted by majito (Respected Member 442 posts) 11y

The whole thing revolves around a term that immigration calls "the end user." The bottom line is that you CAN work for a recruitment agency for 12 months as long as they place you in different companies after three months. The different company being the "end user." Its no different to using the Sydney Morning Herald jobs page or an employment website every three months to find a new job. They are just brokers or middlemen.

The employment agencies make their money by "payrolling", that is they take the job hourly rate and add 40% - 50% which they keep. They also pay your superannuation and insurance so it would appear that you are working for the same company, but under the working holiday visa laws, you are not. The tax result is the same so you do not need to worry about the tax office as they are only concerned with your accrued earnings.

Go forth and work.