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457 Visa / 6 month limit on WHV question

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  • 17-06-2011 2:44am
    #1
    joe9joe9
    Closed Accounts Posts: 26 ✭


    Hi,

    If someone is on a 1st year WHV and the company decides to sponsor them prior to the six-month limit being expired, can you still work with the same company on a 'bridging visa'?

    I know you could still work with a different company but it may not be worthwhile changing jobs as the application may not take that long. Just to clarify - the application was submitted before the end of the six months but no word back yet on its approval.

    Also, how long are people finding it takes to get approved at the moment?


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    #2
    hussey
    Registered Users Posts: 6,240 ✭✭✭hussey


    joe9joe9 wrote: »
    Hi,

    If someone is on a 1st year WHV and the company decides to sponsor them prior to the six-month limit being expired, can you still work with the same company on a 'bridging visa'?
    Yes, this should be automatic, but you can also apply to be on teh safe side
    I know you could still work with a different company but it may not be worthwhile changing jobs as the application may not take that long. Just to clarify - the application was submitted before the end of the six months but no word back yet on its approval.

    since you can keep working for the company, you probably won't apply for a new job ?
    Also, how long are people finding it takes to get approved at the moment?
    Mellor has stated there is a 2-3 week backlog of 457's


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    #3
    joe9joe9
    Closed Accounts Posts: 26 ✭joe9joe9


    Cheers thanks for the response.
    Yes, this should be automatic, but you can also apply to be on teh safe side

    Thanks. I know someone who was told by their company/company's solicitors that they couldnt work until it got approved (as six months were up) and are now out of work while waiting for the approval. Maybe they should contact Immigration about that?
    since you can keep working for the company, you probably won't apply for a new job ?

    True. Just might need to get work to fill a few weeks gap while waiting for the applications approval. (but shouldnt need to, going by your answer above)

    Thanks again.


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    #4
    spunkymunky
    Registered Users Posts: 674 ✭✭✭spunkymunky


    Sorry, had to jump on this!
    Just to clarify. You don't need to apply for a 457, two months prior to your six month work period running out? You can apply closer to its expiry and get a bridging visa and continue to work for the company while the visa is being processed?
    Chur


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    #5
    joe9joe9
    Closed Accounts Posts: 26 ✭joe9joe9


    Just to let ye know..

    I just rang Immigration and was told that (as the Working Holiday Visa is still valid for a number of months) this case wouldnt be entitled to a bridging visa.

    Still entitled to work for another employer but not exceed the six months with the same employer (through a bridging visa or otherwise).

    Only special circumstances would entitle a bridging visa in this scenario - he said you can apply for an extension to the six month period. Eg. If you would have to leave the country while waiting for approval of the sponsorship. ie. if your WHV was about to expire.


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


    are you sure
    http://www.immi.gov.au/skilled/skilled-workers/sbs/bridging-visas.htm
    Bridging A Visa (Subclass 010)

    If you make a valid application for a visa whilst you are in Australia and your application is assessed as valid, you will usually be granted with a Bridging A (Subclass 010) visa.

    The Bridging A visa is electronic and you do not need to have a label in your passport.

    Important: You cannot travel overseas on a Bridging A visa.

    I had 6 months left on my WHV and 1week left to work for my company (which sounds like you) and I was given this.

    They don't usually tell you can look for a new job! (after the effort of securing employment and sponsorship)

    seems a bit counter intuitive

    anyone else got stories on this?


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    #7
    hussey
    Registered Users Posts: 6,240 ✭✭✭hussey


    http://www.boards.ie/vbulletin/showthread.php?p=71049285
    http://www.boards.ie/vbulletin/showpost.php?p=71014584&postcount=156

    actually I think the DIAC mean is that you don't need to apply if you have time left, but if time is running out then you can apply for the bridging visa


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    #8
    jockey#1
    Registered Users Posts: 317 ✭✭jockey#1


    Hi Guys,

    I applied for my 457 visa early last month. My 6 months limitation was almost. YOU HAVE to have a approval from DIAC to continue workings beyond 6 months, this is not automatic. You fill out the form below, email it to your case worker who is dealing with your 457 application and you should get approval within a few days:

    http://www.immi.gov.au/visitors/working-holiday/417/request-whm-extension.doc

    How long are other peoples 457 applications taking? I am waiting almost 6 weeks....

    Cheers


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    #9
    joe9joe9
    Closed Accounts Posts: 26 ✭joe9joe9


    Not much good to my scenario though! (cos we can still stay in the country anyway)

    Only way it could work is twist the first scenario and say its a highly specialised job. But im not a doctor or lawyer!...


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    #10
    Mellor
    Registered Users Posts: 39,347 ✭✭✭✭Mellor


    joe9joe9 wrote: »
    Just to let ye know..

    I just rang Immigration and was told that (as the Working Holiday Visa is still valid for a number of months) this case wouldnt be entitled to a bridging visa.
    You didn't need a bridging visa. And would of been a bad idea, as you'd have to leave if 457 was rejected, can't revert to WHV
    jockey#1 wrote: »
    I applied for my 457 visa early last month. My 6 months limitation was almost. YOU HAVE to have a approval from DIAC to continue workings beyond 6 months, this is not automatic. You fill out the form below, email it to your case worker who is dealing with your 457 application and you should get approval within a few days:

    http://www.immi.gov.au/visitors/working-holiday/417/request-whm-extension.doc

    How long are other peoples 457 applications taking? I am waiting almost 6 weeks....

    Cheers

    There are two separate issues here. sometimes its automatic, sometimes its not.

    If your 6 months is approaching the end, if your six months ends well before the WHV, you need to ask for approval. Form above.

    If they end are about the sametime, or after the WHV, even if just a week after you do not need to apply. After the WHV expires and so does the 6 month restriction, you can continue to work on a Bridging visa A

    A is the visa the majority of people will recieve. A few cases, like me, will get a Bridging visa E, in which case you need to apply for work permission (in any job)

    I'm currently waiting 3 months. Its the companies aplication to be a sponsor that is held up. Immi haven't said much, but I'm going to email on monday to press them on it.


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    #11
    s.c
    Registered Users Posts: 270 ✭✭s.c


    Yes you have to apply for an extension if you have time remaining on your WHV as even through you are automatically granted a Bridging Visa, it does not become active untill your WHV expires.

    Also Bridging Visa A, which is the visa that will be granted, has the same work conditions as the visa you are coming from (WHV). In other words, the 6 month rule still applies.


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