What are some of the options for someone on a Working Holiday Visa if they want to stay longer than a year?
To be eligible to apply for a second year Working Holiday visa, a person must complete 3 months of specified work in a regional area whilst on their first Working holiday visa. Specified work is defined as plant and animal cultivation, fishing and pearling, tree farming and felling, mining or construction.
What are your tips for those looking for specified/regional work?
Make sure postcode the work is located in is classed as “regional” Don’t leave it too late to fit it in.
Make sure it’s full time work for the industry you are working in as only full time work can be counted towards the 3 months. Make sure the work activities fall within the definition of specified work or else it cannot count as part of the 3 months of specified work.
What are some of the common misunderstandings that travellers make when applying for a second year visa?
Examples of work that cannot count are working as a nanny on a farm, working at a cellar door providing wine tastings, cooking/catering on a mine site and cleaning the interior of mine complexes or buildings.
That when applying for your second year Working Holiday visa you must be aged 18-30 (inclusive). If you are 31 you are not eligible to apply for the second year. You may be aged over 30 years of age at the time your visa is granted as long as you are aged 30 at the time you apply.
Once you hold a second year Working Holiday visa, you can return to work for a further six months for an employer with whom you worked on your first Working Holiday visa.
Working Holiday visa applications are audited by DIAC to ensure that applications are genuine. Even without providing the Form 1263, DIAC can contact the employers stated on the application form to verify that the specified work was undertaken.
What kinds of evidence do travellers need to prove they have completed specified/regional work?
Form 1263 completed and signed by the employer, payslips, reference letters, bank statement showing salary being deposited.
What would you say to those who think they can fake their regional work?
Working Holiday visa applications are audited by DIAC to ensure that applications are genuine. Even without providing the Form 1263, DIAC can contact the employers stated on the application form to verify that the specified work was undertaken.
Providing fraudulent information or documents to DIAC is an offence.
What are the consequences of migration fraud?
If DIAC suspects that fraudulent information or documents are given as part of the second year Working Holiday visa application then they will commence the process to refuse the visa application or cancel the visa.
As migration fraud is an offence, DIAC may also consider taking criminal action against the person or people providing the fraudulent information or documents.
Having a visa refused or cancelled will affect the ability to apply for another Australian visa, will mean facing a re-entry ban, you may also be detained and removed (deported) if you do not leave Australia voluntarily.
Kerry Spencer is a Registered Migration Agent with Spencer Migration
Spencer Migration provides migration law advice and visa assistance to businesses and individuals. We have the experience to advise and assist with all areas of migration law and visa assistance no matter how simple or complex your circumstances or your location. We can advise and assist with Employer Sponsorship (457 visas), Permanent Residency, 2nd Year Working Holiday visas, Partner visas, all other migration or visa queries.
