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6 month whv rule

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  • 12-08-2010 2:50am
    #1
    lg123
    Registered Users Posts: 1,039 ✭✭✭


    Guys, a few questions re the 6 months whv rule.
    I am approaching 6 months with my current employer whom I am working with through an agency. Is it my responsibility to leave the position when the 6 months are up or the employers to let me go?
    I have spoken with my manager regarding this and it has been suggested that I could be transferred onto the company’s books (as a casual) and hence a new employer, would this still be within the rules? …just checked this up, it won’t. Any one any experience in this situation?
    There has been mumblings of sponsorship so I don’t want to screw this up long term. If I decide to run the gauntlet and stay in the position until mid Nov (when I had planned to leave to do some travel, could this come back to bite me in the behind, let’s say at a sponsorship stage or border re-entry?
    I understand this is a sensitive topic so please feel free to pm me if you would prefer to keep it off the interweb.
    Ta


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    #2
    Doc
    Registered Users Posts: 2,670 ✭✭✭Doc


    lg123 wrote: »
    Guys, a few questions re the 6 months whv rule.
    I am approaching 6 months with my current employer whom I am working with through an agency. Is it my responsibility to leave the position when the 6 months are up or the employers to let me go?
    I have spoken with my manager regarding this and it has been suggested that I could be transferred onto the company’s books (as a casual) and hence a new employer, would this still be within the rules?

    Yes I think this would work fine. You will be paid and working for a completely different company legally so you should have no problems.

    I myself have been in a very similar situation. I am working for a company who design and build prefabricated buildings for the first 6 months I worked for the residential wing of the business then when the 6 months was up I switched my contract to the name of the commercial wing of the business. As the company has two registered company names for each wing of the business I fulfilled the restrictions on the visa but continued working the exact same job. The company has now sponsored me and I had no problem getting the sponsorship despite actually remaining doing the same job for a year..

    As long as you’re new contract has a different company name on it to the last you will be fine.


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    #3
    ballooba
    Registered Users Posts: 6,315 ✭✭✭ballooba


    I ran into this problem 18 months ago. The DIAC is wise to this pretty obvious workaround. You may get away with it but it's illegal. I had to get my sponsorship rushed through HR to get my bridging visa. It was either that or take a holiday for a few weeks.


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    #4
    Mellor
    Registered Users Posts: 39,353 ✭✭✭✭Mellor


    I was over 6 months with a company, DIAC never mention anything.
    I know I shouldn't of been but I was part of a team and angling fir sponsorship


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    #5
    Zambia
    Closed Accounts Posts: 7,333 ✭✭✭Zambia


    Carefull on the legal advice lads.

    Right according to DIAC you cant do it.
    DIAC wrote:
    You cannot stay in the same job beyond six months by using different employment agencies, business affiliates or sub-contracting arrangements.

    http://www.immi.gov.au/visitors/working-holiday/417/obligations.htm

    Its a very good link actually. It goes on to say you can work for that company again if you sre granted a second WHV.

    Do not be down hearted as this is a good thing if you let it be. If the company is going to sponsor you... push the issue . Its better to find out now while in Oz and you have 6 months to find a decent sponsor.

    We have stories on here of guys getting the 457 in a few weeks


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    #6
    lg123
    Registered Users Posts: 1,039 ✭✭✭lg123


    True it’s not a bad rule but I have my 2nd year visa sorted and was going to work until nov, travel over the Christmas when my 2nd year kicks in and then hopefully find a decent job with possibilities of sponsorship in the new year.


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    #7
    Mellor
    Registered Users Posts: 39,353 ✭✭✭✭Mellor


    Zambia232 wrote: »
    Carefull on the legal advice lads.

    Right according to DIAC you cant do it.



    http://www.immi.gov.au/visitors/working-holiday/417/obligations.htm

    The OP said that the DIAC don't allow it in first post. So he is (and most of us are too I hope) aware that switching from agncy to company isnt a valid route.


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    #8
    Claasman
    Registered Users Posts: 630 ✭✭✭Claasman


    lg123 wrote: »
    True it’s not a bad rule but I have my 2nd year visa sorted and was going to work until nov, travel over the Christmas when my 2nd year kicks in and then hopefully find a decent job with possibilities of sponsorship in the new year.

    just out of interest, how long did the processing for the 2nd year visa take?


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    #9
    lg123
    Registered Users Posts: 1,039 ✭✭✭lg123


    one day for the return email saying it was granted.


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    #10
    C0N0R
    Registered Users Posts: 1,932 ✭✭✭C0N0R


    Another small visa related question, if I stay for one month of my second visa can I return for 11 months at some other stage?? And if not is there anyway I can stay for a year and a month and still be able to return?


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    #11
    lg123
    Registered Users Posts: 1,039 ✭✭✭lg123


    C0N0R wrote: »
    Another small visa related question, if I stay for one month of my second visa can I return for 11 months at some other stage?? And if not is there anyway I can stay for a year and a month and still be able to return?

    go on a visa run to NZ or some where before you cross over onto your second whv.


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    #12
    Doop
    Registered Users Posts: 1,470 ✭✭✭Doop


    C0N0R wrote: »
    Another small visa related question, if I stay for one month of my second visa can I return for 11 months at some other stage?? And if not is there anyway I can stay for a year and a month and still be able to return?

    No, once you start the visa it keeps on ticking regarless if you are in the country or not. The 2 visa;a dont have to run consecutively tho.

    Also re the 6 month rule, its not legal, but i stayed in my job for 8 months... didnt hear a dickie bird from anyone ;)


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    #13
    C0N0R
    Registered Users Posts: 1,932 ✭✭✭C0N0R


    lg123 wrote: »
    go on a visa run to NZ or some where before you cross over onto your second whv.

    Explain please?! I'm intending to go to nz for 13/14 months then auz for 12 months. Is it possible to not waste my second nz visa??


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    #14
    lg123
    Registered Users Posts: 1,039 ✭✭✭lg123


    maybe i am totally wrong but i dont think you can get a second whv in NZ?

    doop, are you sponsored? my concerns are whether staying in my current job over the 6 months will come back to bite me in the ass come sponsorship, if it ever comes to that.


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    #15
    C0N0R
    Registered Users Posts: 1,932 ✭✭✭C0N0R


    Oh wasn't aware if that! Think you are able to get an extension of three months if you have worked in agri, will have to look into that, could upset my plans then.


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    #16
    lg123
    Registered Users Posts: 1,039 ✭✭✭lg123


    now that you mention it the 3 extra months sounds familiar but i don't think you can get a year.

    either way, anyone else willing to share their experience re the 6 month rule?


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    #17
    hussey
    Registered Users Posts: 6,240 ✭✭✭hussey


    C0N0R wrote: »
    Another small visa related question, if I stay for one month of my second visa can I return for 11 months at some other stage?? And if not is there anyway I can stay for a year and a month and still be able to return?

    No, it is not a stop clock, it starts when you activate it, and stops a year later.


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    #18
    mandrake04
    Registered Users Posts: 4,435 ✭✭✭mandrake04


    6 months WHV restriction is a breeze, back in '05 it was only 3 months.

    I actually worked 5 months before the company got their finger out and started the Sponsorship process.

    Never had an issue with it.


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    #19
    uglyjohn
    Registered Users Posts: 747 ✭✭✭uglyjohn


    as far as i know if you stay with one company longer than 6 months you breach a visa condition of your WHV and then If you apply for a visa (ie get sponsored for a 457) and have previously breached a condition of a visa then you will be refused.

    obviously this depends on whether or not they find out....but is it really worth risking it? I looked into this myself recently. (i actually had to quit on the last day of my sixth month)
    On the link posted it says you can get an extension of your 6 months if you are applying for a 457. This has to be done 2 weeks before your 6 months are up. If they are willing to sponsor you then surely they understand the 6 months rule and will work through it with you.

    oh and my 457 came through in a week.


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    #20
    AngryHippie
    Registered Users Posts: 2,625 ✭✭✭AngryHippie


    6 month rule is worth stickin to, just in case you end up sending in a visa application for a longer or different visa a year down the road. I quit on the last day of my 6 month, went and did my farm work, got the 2nd whv, and started back in my original job the day after I went onto my 2nd visa. I'm on Bridging visa A waiting on an 820 application now, and I'm glad I don't have any little secrets in the employment record, 2.5k is a lot to lose if they refused it because of a breach of previous visa conditions. 2nd WHV arrived within 24 hours of e-application, Bridging visa A took 4 or 5 days, and arrived with 3 days to spare on my 2nd whv. Close run, but the pressure is off now :)


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