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On A Working Holiday Visa…? Unsure Of Your Future In Australia…?

By April 29, 2021No Comments

If you are working in Australia under a 417 or 462 Working Holiday Visa with plans to continue working in Australia in the future, the time to start planning is now, before it’s too late.

While some people come to Australia on a Working Holiday Visa (417 or 462) to explore Australia for a few years before heading home, some people see it as their first step towards making a life in Australia. Did you know about a potential path for Working Holiday Visa holders to move onto a Temporary Skill Shortage (TSS) subclass 482 visa, assuming that you meet the necessary skills for a relevant occupation, and then potentially onto Permanent Residency?

The rules around Labour Market Testing (LMT) means that you need to start the process at least two months before the end of your 417/462 visa, or if you are planning on staying with the company you are currently working with, at least two months before the end of your six-month period.

Why?

Under the new rules, the company you will be working for needs to have completed ‘Mandatory Labour Market Testing’. This means that they should have three advertisements for your particular role, two out in the public domain while one on the government job portal JobActive, for at least 28 days and within the last four months.

If you plan to start a position and your company cannot meet the LMT requirements, you will be delayed in the visa application process. This means it could be up to a month before you can even submit your visa application.

So, what are the potential outcomes of applying for a TSS subclass 482 visa from a Working Holiday Visa?

  • If you get your completed application in before it expires, you will go onto an automatic bridging visa.
  • If you get your completed application in before your six months with a particular company is up, then you can apply for a waiver to the six-month limitation.
  • If your current 417 or 462 visa expires before the Labour Market Testing requirement is met and your application is not in the system, you will have to leave the country. Considering the current international travel ban in Australia, you will not be able to apply for another visa offshore and return to Australia anytime soon.

If your current working holiday visa is expiring soon, talk to us on 02 9407 8700 or reach us at https://www.pendragon.net.au/visa-advice/ and check your eligibility for TSS 482 sponsorship visa.

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