For those visiting Australia on a 417 (Working Holiday) or a 462 (Work & Holiday) visa that are planning on extending your stay… it’s in your best interest to acquire a 457 Australian Visa! Due to the rules associated with the 417/462 visa: only allowing you to work in Australia for a maximum of 6 months with each employer and stay for a maximum of 12 months, (24 months if you have worked for 3 months in specified work in regional Australia) moving to the 457 Visa will allow you to stay in Australia for another 4 years.
Many 417/462 visa holders often look to this option once they’ve made the decision to live & work in Australia longer than their current visa allows them to. However, what most of these potential 457 holders do not realise is the amount of time it takes for a visa application to be processed. It is important for all holders of the Working Holiday Visas to be mindful of the time involved in this process and to understand that it can be a long time before they are approved to bridge to the 457 Visa. Many assume that a lodgement of a Subclass 457 visa means they will be able to continue working past the 6 month period, this is incorrect!
Before applying for the 457 Visa you need to make sure you qualify… To check this you can use a variety of sources, check the Government Website Page or visit www.mymigrationaustralia.com to check if you’re eligible.
Being able to sponsor 457 visa holders to work in Australia, we get countless enquiries from individuals with only weeks left on their 417/462 visa period and are looking to extend their stay by acquiring the 457. Usually, unless the application is submitted with enough time for it to be approved before their work period has expired; they’re legally not allowed to work in Australia.
Should you find yourself in this situation, you need to cease working until your Subclass 457 visa has been approved, or you obtain permission from the Department of Immigration and Border Protection for an extension to your 6 month work limitation – this extension can only be submitted after the 457 visa has been lodged and can sometimes take longer than the visa to be processed.
There is also such thing as a ‘bridging visa’ however this offers no immediate assistance and still requires a long waiting period. Due to the bridging visa which is issued on the lodgement of the 457 visa application, should someone’s 417/462 visa expire whilst their 457 visa is pending, they will be able to remain onshore during processing AND be able to continue working for the same employer for a further 6 month period.
In order to avoid all these additional hassles such as; the bridging visa & visa extensions – simply submit your application with sufficient time for processing. It is important that everyone understands the strict rules around the 6 month work limitation, and it is important to note that working for longer than 6 months with the same organisation is NOT permitted. It is recommended that an application for the 457 visa is lodged at least 2 months before the work limitation comes into effect for applicants who do not wish to cease employment whilst waiting for their 457 to be approved. Any breach of this condition could have an impact on your pending 457 application and possibly any future Permanent residency visa applications.
For more information on living and working in Australia contact us on [email protected] or visit our Visa Page
*Please note that the above advice may not be applicable to everyone and we recommend all individuals speak to and liaise with a registered migration agent to seek appropriate advice which is relevant to their particular situation.*
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