How to calculate the period of specified work for Working Holiday Maker visas

As discussed in our previous blog post about Working Holiday Maker visa conditions and requirements, to be eligible for a second WHM visa, you must have carried out at least 3 months of specified work. '3 months' is calculated as a period equivalent to the 3 shortest 'calendar' months of the year, i.e. a minimum period of 88 calendar days, including weekends or equivalent rest days during your period of employment.

To be eligible for a third WHM visa, you must have carried out at least 6 months of specified work on or after 1 July 2019.  '6 months' is calculated as a period equivalent to the 6 shortest 'calendar' months of the year, i.e. a minimum period of 179 calendar days. This can generally include weekends or equivalent rest days during your period of employment.

Additionally, time spent carrying out specified work on a Bridging visa may also count towards this eligiblity period for a third WHM visa, instead of just specified work carried out on a Working Holiday (Subclass 417) or Work and Holiday (Subclass 462) visa, if:

  1. you applied for a second WHM visa while your first WHM visa was still valid; and

  2. while the Department was still processing your second WHM visa application, your first WHM visa ceased and a bridging visa came into effect.

To meet the requirement for a minimum period of specified work you must complete the same number of normal work days or shifts as a full-time employee in that role and industry would normally work in a 3 month (88 calendar day) or 6 month (179 calendar day) period. You can do this in a variety of ways, for example:

  • working 5 days a week for a continuous period of 3 or 6 calendar months, including on a piecework rate agreement

  • working less than 5 days a week over a period longer than 3 or 6 calendar months, including on a piecework rate agreement

  • working multiple short periods of work in any combination of full time, part time or on a piecework rate, which add up to the equivalent of 5 days a week over 3 or 6 calendar months

You do not need to do your 3 or 6 months of specified work all in one go, or all with one employer. Instead, you are free to spread the work over the stay period of your current visa, and with multiple employers if you wish. You can also undertake specified work for longer than the required minimum period.

NOTE:

  • One single day of work is considered to be the normal number of hours per day or shift that is considered standard practice in the industry and role in which you are employed. You cannot count work carried out on any one calendar day as more than one day of specified work, and you therefore cannot complete the specified work requirement in a total period shorter than 3 or 6 calendar months. For example, if the industry's standard day is 5 hours long, working 10 hours on one day – in a single or separate shifts for one or more employers – does not count as 2 days of specified work.

  • If you perform half of the usual full-time hours of specified work (e.g. 5 days a fortnite over 4 months), this period can still be counted on a pro rata basis (i.e. 2 months) towards the specified work requirement, and you can combine this with other specified work experience to meet the specified work requirement of 3 or 6 months.

  • Australian public holidays and sick days (or equivalent workers compensation leave days) can be counted as a day of specified work if you are paid for that day. Public Holiday or leave days which are not paid cannot be included in your total period of specified work.

  • You cannot include any unpaid days where you did not work due to severe or seasonal weather towards your total period of specified work.

  • Variable shift work arrangements which are standard practice in the industry can be counted towards specified work. For example, if your full time paid employment contract involves 2 weeks rostered on for every day and then 2 weeks rostered off as rest days, provided this is standard practice in the industry, and you are paid for this whole period, then all 4 weeks (28 days) can be counted towards your total period of specified work.

To discuss your eligibility for a Working Holiday (Subclass 417) visa or a Work and Holiday (Subclass 462) visa, please contact info@inclusivemigration.com.au or submit an enquiry using the contact form on our website.

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