6 months with employer - bridging visa/2ndWHV

Vertakill

Hi guys,

Quick query about the 6 months thing.
I was working with a company toward the end of my 1st year WHV.

I did 1 month with them on my 1st year and then I applied for my next visa and carried on working for the next 3 months on a bridging visa.
I've only just been granted my 2nd WHV now.

Do you guys reckon the 3 months I did on my bridging visa count toward the 6 months or does the 6 months start only when I've been granted the 2nd year visa?
Technically, they're 2 different visas so I was thinking maybe I could do another 6 months with them?

Any ideas?

danotroy

Vertakill wrote: »

Hi guys,

Quick query about the 6 months thing.
I was working with a company toward the end of my 1st year WHV.

I did 1 month with them on my 1st year and then I applied for my next visa and carried on working for the next 3 months on a bridging visa.
I've only just been granted my 2nd WHV now.

Do you guys reckon the 3 months I did on my bridging visa count toward the 6 months or does the 6 months start only when I've been granted the 2nd year visa?
Technically, they're 2 different visas so I was thinking maybe I could do another 6 months with them?

Any ideas?

Your second yr visa technically only has 9 months left on it as you stayed in the county while applying for your second year. This means that you are permitted to stay 2 years from your initial entry into Australia. I'd be in the opinion that you only have 3 months left with your current employer as per the 6 month rule, as your bridging visa has now effectivly become a backdated 2nd year whv visa.

Vertakill

danotroy wrote: »

Your second yr visa technically only has 9 months left on it as you stayed in the county while applying for your second year. This means that you are permitted to stay 2 years from your initial entry into Australia.

Yeah, I understand this - what I was trying to state in my post was RE the 6 months with 1 employer part.

danotroy wrote: »

I'd be in the opinion that you only have 3 months left with your current employer as per the 6 month rule, as your bridging visa has now effectivly become a backdated 2nd year whv visa.

Hmm, you make a good point.

I'm not sure at all - if I take this visa granted email literally, after it goes through all the bits about how it's now granted and so on, it says:

EMPLOYER WORK LIMITATION - 8547
The holder must not be employed by any 1 employer for more than 6 months, without the prior permission in writing of the Secretary.

So, based on this latest visa, I think it could start from scratch.. but that's just how I'm interpreting it from a biased point of view..


I'm sure immigration could shed light on it but I don't fancy sitting on hold for ages for them.

danotroy

Vertakill wrote: »

EMPLOYER WORK LIMITATION - 8547
The holder must not be employed by any 1 employer for more than 6 months, without the prior permission in writing of the Secretary.

So, based on this latest visa, I think it could start from scratch.. but that's just how I'm interpreting it from a biased point of view..


I'm sure immigration could shed light on it but I don't fancy sitting on hold for ages for them.

You cant just pick sentences out on their own as what you have taken is not techinally true. You can work for the same employer once in your first year and once in your second year as they are different visas.

As for working 3 months with an employer on a bridging visa and then starting your 6 months again as your 2nd whv just came through in an email is not going to work.

Id take it that your bridging visa has now ceased to ever exist and that it was a 2nd WHV since the end of your 1st WHV.

Has anyone ever been caught out working for more than 6 months on a WHV? I'd imagine its pretty low down on the list of priorities of IMMI. Also if your getting paid cash there is no reason to leave employment after 6 months as there is no record of you starting work there. But i do believe cash work is illegal in Australia. I've never had a cash job.

Vertakill

danotroy wrote: »

You cant just pick sentences out on their own as what you have taken is not techinally true. You can work for the same employer once in your first year and once in your second year as they are different visas.

I'm also not just pulling random bits of information to form an opinion in my favour.
There is a little left to interpretation by immigration and depending on what way you look at it, what I'm saying could be perfectly plausible.

danotroy wrote: »

As for working 3 months with an employer on a bridging visa and then starting your 6 months again as your 2nd whv just came through in an email is not going to work.

It's not just any email, it's the only official written notification that you are given from the government regarding the visa.
The bridging visa is a visa in itself, the one I had gave me the very same rights as a WHV therefore I assumed the 2nd WHV would reset the clock.

danotroy wrote: »

Id take it that your bridging visa has now ceased to ever exist and that it was a 2nd WHV since the end of your 1st WHV.

That's my point... different people will have different opinions as it's not clearly stated on the site or in the email.
Normally you get your visa before or around the same time your 1st WHV expires.
I'd say I'm in the minority of people where my 1st WHV expired 3 months before my 2nd WHV was granted.

danotroy wrote: »

Has anyone ever been caught out working for more than 6 months on a WHV? I'd imagine its pretty low down on the list of priorities of IMMI. Also if your getting paid cash there is no reason to leave employment after 6 months as there is no record of you starting work there. But i do believe cash work is illegal in Australia. I've never had a cash job.

I'd rather not dupe the system. It's a reputable company and they don't pay cash anyways.

According to here and here , they reckon any time worked on a BV is completely independent of the second WHV.

- Not sure how reliable either are mind you..

danotroy

I’m not suggesting you are trying to dupe the system by pulling out random bits of information I’m just saying the statement is not true when read on its own on this thread. The manner in which you provided EMPLOYER WORK LIMITATION – 8547 would seem to anyone reading this thread that they can only work for one employer during their entire period of whv’s, which is not the case. You can work for the same employer for 6 months at a time during your 1st and 2nd whv.

I recall reading on here a few months back that some people are in the opinion that a bridging visa does not allow your working rights but I’m pretty sure they are wrong and you are entitled to work.

You are correct that some ambiguity exists as to when your 2nd year visa officially started in respect to working for one company. However In my opinion if you are working on your bridging visa as you are treating it as a bridge between WHV 1 and WHV 2 then you cannot turn around and treat it like it was a totally different visa because you want to work for the same employer for another few months. It strikes me as a you can’t have your cake and eat it scenario.

This is my personal opinion I’m not an immigration specialist but my understanding is that your bridging visa was an extension of the terms on your 1st WHV until your 2nd WHV came into effect. When your 2nd WHV was granted the bridging visa would automatically become your 2nd WHV and anytime you spent working on said bridging visa would transfer to your 2nd WHV.

Vertakill

danotroy wrote: »

I’m not suggesting you are trying to dupe the system by pulling out random bits of information I’m just saying the statement is not true when read on its own on this thread. The manner in which you provided EMPLOYER WORK LIMITATION – 8547 would seem to anyone reading this thread that they can only work for one employer during their entire period of whv’s, which is not the case. You can work for the same employer for 6 months at a time during your 1st and 2nd whv.

I don't know how anyone would come to that conclusion unless they only read the bolded part and ignored literally the rest of the entire thread.
I copy and pasted a piece of information directly from an email sent to me from immigration and the topic of the subject indicates 2nd WHV's.

As I've said here, everything seems exclusive to individual visa's.
So, whatever rules and limitations apply, seem to apply to an individual visa.

I'm on my second stint with the first company I worked for when I came here.
I did 5 months with them last year and I'm nearly a month into working with them a second time.
There's another company I worked with for, for the last 3 months which is the one I am curious about though.

danotroy wrote: »

I recall reading on here a few months back that some people are in the opinion that a bridging visa does not allow your working rights but I’m pretty sure they are wrong and you are entitled to work.

I can guarantee you that a bridging visa (at least, the one between your 1st and 2nd WHV) entitles you to the exact same rights as your 1st/2nd WHV.
On my visa process page, it actually specifically stated this - if it's still on my processing page I'll take a screengrab of it when I'm back from work.

danotroy wrote: »

You are correct that some ambiguity exists as to when your 2nd year visa officially started in respect to working for one company. However In my opinion if you are working on your bridging visa as you are treating it as a bridge between WHV 1 and WHV 2 then you cannot turn around and treat it like it was a totally different visa because you want to work for the same employer for another few months. It strikes me as a you can’t have your cake and eat it scenario.

This is my personal opinion I’m not an immigration specialist but my understanding is that your bridging visa was an extension of the terms on your 1st WHV until your 2nd WHV came into effect. When your 2nd WHV was granted the bridging visa would automatically become your 2nd WHV and anytime you spent working on said bridging visa would transfer to your 2nd WHV.

That's where I think we're ending up on different sides of the debate.
The way I'm looking at it is, your bridging visa is, yes a visa between visas... but, it's an actual visa in itself I reckon.
A mate of mine was on a BV for 7 months while over here while the government processed his application for PR.
They wouldn't obviously expect him to wait without work until it was done.

danotroy

you posted in post number 3 of this thread that your email said

EMPLOYER WORK LIMITATION - 8547
The holder must not be employed by any 1 employer for more than 6 months, without the prior permission in writing of the Secretary.

Im just clarifying that this post is not strictly true as i've stated. I apologise for my ignorance here as taken in the context of your email for a second WHV the statement is correct. In the broader WHV sense its not true but thats me taking it out of context.

Vertakill wrote: »

I can guarantee you that a bridging visa (at least, the one between your 1st and 2nd WHV) entitles you to the exact same rights as your 1st/2nd WHV.
On my visa process page, it actually specifically stated this - if it's still on my processing page I'll take a screengrab of it when I'm back from work.

I thought this also.

Vertakill wrote: »

That's where I think we're ending up on different sides of the debate.
The way I'm looking at it is, your bridging visa is, yes a visa between visas... but, it's an actual visa in itself I reckon.
A mate of mine was on a BV for 7 months while over here while the government processed his application for PR.
They wouldn't obviously expect him to wait without work until it was done.

My logic stems from the belief that your bridging visa now technically never existed as it has been incorporated into your 2nd WHV. Your 2nd WHV has technically only 9 months left. Your belief that your bridging visa was a visa in itself would mean you would have 12 months from the date of receipt of the IMMI email which we both agree is not the case.

Maybe IMMI should be clearer on this. I believe my logic is correct and yours as feasible but incorrect. But as i've previously stated I am not an immigration specialist.

cikearney

I was under the belief that you can't work for any company for more than 6 months was only a condition of your 1st year and that if you started a job 9months into you first year you could work for them until the end of your second year.???

danotroy

cikearney wrote: »

I was under the belief that you can't work for any company for more than 6 months was only a condition of your 1st year and that if you started a job 9months into you first year you could work for them until the end of your second year.???

IMMI clearly state here the following.

If you hold a second Working Holiday visa, you may return to work for a further six months for an employer with whom you worked on your first Working Holiday visa.

Don't believe everything you hear in the pub to use a phrase quiet often quoted here.

Mellor

danotroy wrote: »

Id take it that your bridging visa has now ceased to ever exist and that it was a 2nd WHV since the end of your 1st WHV.

danotroy wrote: »

My logic stems from the belief that your bridging visa now technically never existed as it has been incorporated into your 2nd WHV

He's on a WHV for 12 months. A BV for 3 months, and then a 2nd WHV is granted until 2 years from the date he first entered on the WHV.

Where did you get this idea that the bridging visa ceased to exist once the WHV is granted?
That's 100% not the case. Time spent on the BV remains as time on a bridging visa.

For example, if he was going from a WHV to a 457, and spent 3 months on a BV. His time on a 457 (relevant for ENS PR) is calculated from the 457 grant. The BV time is not merged into the later visa.


It's a very good question.
Technically, I can see how the 6 month rule only applies to the 9 months of the 2nd WHV. On the other hand, immi may well have a policy for this situation. Either way, its not because the BV ceased to exist.

danotroy

As I have stated I am in the opinion that you cant have your cake and eat it. the example you cite of him moving to a 457 is totally different scenario as it is a bridge from one visa to another. The bridging visa the OP is on is a bridge between two separate parts of the same visa in which i believe the same rules of 6 months would apply.

Come to think of it IIRC a poster on here a few months back said that he was in the process for sponsorship but his 6 months expired so he had to leave his job while his visa went through. Would this not be the inverse of what has happened to the OP?

Mellor

danotroy wrote: »

As I have stated I am in the opinion that you cant have your cake and eat it.

As I said, I'm not saying it's one way or the other. They could easily have a policy on this situation, or it may be a gap in the legislation. Either option is likely imo.

I'm simply saying that the BV doesn't cease to exist once the 2nd WHV is granted. You are wrong about that part.

the example you cite of him moving to a 457 is totally different scenario as it is a bridge from one visa to another. The bridging visa the OP is on is a bridge between two separate parts of the same visa in which i believe the same rules of 6 months would apply.

It's not two parts of the same visa. It's two different visas (hence why you can go back to the same employer for six months on a second WHV)

The 6 month rule might be backdated to the start of the BV as policy, for obvious reasons. But if that is the case, then its because that is THE policy and no other reason.

Come to think of it IIRC a poster on here a few months back said that he was in the process for sponsorship but his 6 months expired so he had to leave his job while his visa went through. Would this not be the inverse of what has happened to the OP?

What actually happened was the poster thought he had to leave while it went through. Pretty sure he was told he had to my his immigration agent. However, they were wrong.
If you apply for a visa that allows you to remain with the employer, you can extend the 6 month limitation while its processing. With or without a BV.
It's pretty clear on the IMMI site.

Extending the work limitation
...
Remaining in your current job while a decision is being made on an application for a visa which would allow you to continue full time work with your employer without leaving Australia.
Example: Subclass 457 – Temporary Business (Long Stay) visa, Subclass 820 – Spouse visa.

danotroy

Mellor wrote: »

As I said, I'm not saying it's one way or the other. They could easily have a policy on this situation, or it may be a gap in the legislation. Either option is likely imo.

I'm simply saying that the BV doesn't cease to exist once the 2nd WHV is granted. You are wrong about that part.


It's not two parts of the same visa. It's two different visas (hence why you can go back to the same employer for six months on a second WHV)

The 6 month rule might be backdated to the start of the BV as policy, for obvious reasons. But if that is the case, then its because that is THE policy and no other reason.


What actually happened was the poster thought he had to leave while it went through. Pretty sure he was told he had to my his immigration agent. However, they were wrong.
If you apply for a visa that allows you to remain with the employer, you can extend the 6 month limitation while its processing. With or without a BV.
It's pretty clear on the IMMI site.

you make some good points. I also thought that once your were getting sponsored you could stay past the 6 month limitation. However I still hold that the bridging visa between WHV's would encompass the 6 month rule.