WHMs: Bushfire relief exemptions and changes to specified work announced
/An update to this article can be found here.
In a joint media release, yesterday the acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs announced policy changes to the work visa condition and what will count as “specified work” towards applying for a further Subclass 417 - Working Holiday visa and Subclass 462 - Work and Holiday visa to aid in bushfire recovery efforts in affected areas.
This includes changing policy to allow visa holders to work for more than 6 months with the same employer if assisting with bushfire recovery without prior permission; amend the definition of “specified work” for 462 visa holders to include certain construction work in disaster declared areas; and allow paid and volunteer work in declared areas to count toward meeting “specified work” requirements.
Bushfire ravaged areas that meet the definition of regional Australia for 417 visas or an Area of Australia for 462 visas will become more attractive to these visa holders seeking to extend their stay in Australia by applying for either a second or third Working Holiday Maker (WHM) visa, which is either another 417 visa or 462 visa depending on the visa holders country of citizenship.
To meet the requirements for a further visa, WHMs must undertake specific employment in specific locations in Australia. The type of work and where this can be done is different for each visa. Specified work for 417 visa holders and specified Subclass 462 work for 462 visa holders need to be undertaken for 3 months for a second WHM visa, and six months for a third WHM visa.
Both 417 and 462 visas have condition 8547 imposed when granted. This condition simply requires that the holder must not be employed by any 1 employer for more than 6 months, without the prior permission in writing of the Secretary. However, current policy and a list on the Department of Home Affairs’ (Home Affairs’) website has circumstances in which WHMs are taken to have permission to work longer than six months with one employer without the need for permission. This includes:
Working in certain high-demand industries in Northern Australia only;
Working in different locations, where work in any one location does not exceed six months; and
Planting and animal cultivation work anywhere in Australia.
Instead of amending the Migration Regulations 1994 (Cth) to tailor visa condition 8547 to allow visa holders to extend their employment, tweaking policy is preferred and this exemption is already listed on Home Affairs’ website.
As to what can be counted as specified work and specified Subclass 462 work are not in the regulations but are in legislative instruments, which are much easier to amend, it is expected that new instruments will be released shortly to account for changes to any regions and activities.
Volunteer work counting towards specified work may also become a policy exemption. This is because being remunerated according to relevant Australia legislation is a regulation for the grant of a further WHM visa, and was brought in a few years ago to combat worker exploitation and to add to the evidence of genuine work undertaken by the visa applicant.
Visa holders will want to ensure they are undertaking the right work in the right locations and keep an eye out to confirm these changes so they will meet the requirements to extend their stay in Australia.