Changes to Work and Holiday visa (Subclass 462), allowing for a second 12 month visa

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Government announces significant changes to Work and Holiday visa (Subclass 462), allowing for a second 12 month visa

The Australian Government has announced an amendment on the Migration Regulations which allows visa holders of Work and Holiday (Subclass 462) to apply for a second Work and Holiday visa provided that they meet certain requirements. The amendment applies to individuals who submitted their application on or after 19 November 2016.

Applicants will be required to show that they have undertaken at least 3 month’s work of a specified kind, and in specified areas of Australia, whilst holding their first Subclass 462 Work and Holiday visa. Remuneration for the work done comply with Australian legislation and awards.

The amendment will allow individuals to apply for a second Work and Holiday visa (Subclass 462) where they:

- have previously been, or are in Australia at the time of application, and hold a Work and Holiday visa (Subclass 462)
- are onshore or offshore Australia, and not in immigration clearance
- have declared a total period of at least 3 months of work designated as ‘specified Subclass 462 work’ while holding a subclass 462 visa
- have not previously been granted more than one Subclass 462 visa
- if in Australia, holds a substantive visa, or has held a substantive visa at any time in the period of 28 days immediately before making the application

These amendments would allow the Minister to make a legislative instrument that determines the eligible kinds of work, as well as the location that the work may be done, and for granting a secondary Work and Holiday visa. At the present time, the work will need to be undertaken in the industries of agriculture, forestry, fisheries, tourism and hospitality. Specified areas shall include all of Northern Territory, and the northern parts of Western Australia and Queensland.

by: Jonathan Flannery
MARN 9901555
http://aussiemigrationlaw.com.au/