Immigration Lawyers and Migration Agents

Your Australian Visa Our Focus

Recently an announcement from The Hon Jason Clare MP, Minister for Education and the Hon Clare O’Neil MP, Minister for Home Affairs have communicated that international higher education graduates with eligible qualifications will be granted an extra two years of post-study visa.

The eligible occupations that have been targeting includes, health, teaching, engineering and agricultural fields. Find more information about the eligible occupation and qualification list.

This new extension will be practised from 1^st of July 2023.

Additionally, work hours cap for international students will be increased from 40 to 48 hours per fortnight. The International student working hour cap factsheet provides information about the new procedures.

In case you have questions regarding visa updates, please contact our team.

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Australia’s Minister for Agriculture, Drought and Emergency Management David Littleproud, has announced an agriculture visa will become available in 2021.  The new visa is a result of Australia’s trade discussions with the UK in which it was agreed that British backpackers would no longer be required to work on Australian farms to retain their visas.  The arrangement will release British tourists from often undesired requirement, and provide an opportunity for other travellers to visit Australia.

The Australian 2019/20 bushfire season has been one of the worst natural disasters our country has faced.

We have previously discussed the impact of the bushfires on various visa subclasses in our recent article: https://www.workvisalawyers.com.au/news/all/how-will-the-bushfire-crisis-impact-on-australian-visas-and-immigration-1.html

Among the affected visa holders, Working Holiday (subclass 417) and Work and Holiday (subclass 462), have felt the biggest impact. Working holidaymakers may have experienced disruptions to their work and thus, are unable to meet the specified work required to extend their visas. Others may have been turned away from fire and drought affected areas as there is simply no work available.

Following recommendations from the National Bushfire Recovery Agency, changes to working holiday visas were announced today. These changes are mutually beneficial for fire affected regions and working holiday visa applicants and holders.

The Australian government recently announced that reciprocal Work and Holiday arrangements between Australia and Greece will commence from 1 July 2019. Up to 500 places annually will be available in each country for young Australians and Greeks aged 18 to 30.

Greek nationals will be able to holiday, work and study in Australia for up to 12 months utilising the subclass 462 visa. There is also the possibility for a further two extensions if undertaking specified work in regional areas, taking the total duration to three years.

Specified work currently includes roles in the agriculture, mining and construction industries. The good news is that Adelaide is the largest capital city included in the definition of regional Australia, with the whole of South Australia eligible.

The basic requirements for subclass 462 visa applicants include holding or studying towards a tertiary qualification and having a functional level of English. Further information on eligibility requirements is available from the Department of Home Affairs website.

Australians will also be able to work and holiday in Greece for up to 12 months, with further eligibility details yet to be provided.

Do you need help with an Australian visa application?

If you have friends or family that might be interested, it is advised that they prepare their applications now in readiness for the 1 July 2019 launch. If you require any assistance in applying for the Work and Holiday visa or any other visa, please contact Work Visa Lawyers on (08) 8351 9956 or This email address is being protected from spambots. You need JavaScript enabled to view it..

Starting from 1 March 2017, applicants from Vietnam can now apply for the Work and Holiday visa to travel and work in Australia at the same time. The visa is valid for up to a year with a second application possible to extend your stay for another year. Read more about applying for a second Work and Holiday visa here.

The subclass 462 Work and Holiday visa is for young travellers aged 18 to 30 from the following countries:

Update @ 2 December 2016

The Backpacker Tax has been voted in to be set at 15%. Tax on superannuation for backpackers is also set at 65%.

The Australian government is likely to pass legislation to affix the Backpacker Tax at 15%. This is a significant reduction from the 32.5% planned to be implemented on 1 January 2017.

The taxing on superannuation for backpackers will also be set for 65%, rather than the 95% proposed earlier.

This is a huge relief to Working Holiday and Work and Holiday visa holders to Australia. The lower taxes will allow them to save, spend and travel around Australia more.

The breakthrough came about as the Greens supported the coalition government’s 15% tax rate.

The changes are likely and we will update this space once the confirmation is available.

Sources:

http://www.abc.net.au/news/2016-12-01/backpacker-tax-passes-senate/8084334

http://www.abc.net.au/news/2016-12-01/backpacker-tax-set-to-pass/8084334

http://www.theaustralian.com.au/national-affairs/politicsnow-live-from-canberra-senate-house-of-reps/news-story/599b37d0b304e32fb2ba6d243c9564a8#U601304426220ibG

This information is accurate on 1 December 2016

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956 or +61 8 8351 9956

or   This email address is being protected from spambots. You need JavaScript enabled to view it.

Effective from 19 November 2016, subclass 462 Work and Holiday visa holders will be eligible to apply for a second Work and Holiday visa if they have worked for at least 88 days or 3 months in the specified work.  This specified work usually includes work in agriculture, forestry, fisheries, in regional areas. We do not have the details on what will constitute specified work for the 462 and will do further post on this when it becomes available. 

The subclass 462 Work and Holiday visa is for young travellers aged 18 to 30 from the following countries:

• Argentina
• Bangladesh
• Chile
• China, People's Republic of
• Indonesia
• Israel
• Malaysia
• Poland
• Portugal
• Slovak Republic
• Slovenia
• Spain
• Thailand
• Turkey
• USA
• Uruguay

Please be aware that the subclass 462 (Work and Holiday) visa is different from the subclass 417 Working Holiday visa. With the changes introduced the subclass 462 (Work and Holiday) visa will be on par with the subclass 417 Working Holiday visa which allows for visa holders to apply for a second visa to extend their stay in Australia.

The move will also be a boost to regional Australia tourism and employers who find it difficult to find help in the bush or the outback.

Sources:

https://www.legislation.gov.au/Details/F2016L01696/Explanatory%20Statement/Text

https://www.border.gov.au/Trav/Visa-1/462-

Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers

The change announced is a positive development for the subclass 462 (Work and Holiday) visa, which has been in the shadows of the Working Holiday subclass 417 visa for a long time. The fact that this visa class is limited in numbers to the eligible countries makes this legislative change even more valuable to holders fortunate enough to obtain the visa.

While it is good to see the Department of Immigration and Border Protection (DIBP) introduce changes to assist with the seasonal workforce requirements for northern Australia, it could be more beneficial if the criteria for a second Work and Holiday visa be extended to work done in other parts of Australia as well.

Another possible change that is in discussion at the moment is the increase of the upper age limit for both the subclass 462 (Work and Holiday) visa and the Working Holiday subclass 417 visa from 30 to 35 years of age. Work Visa Lawyers will publish the updates as they become available. Follow us on Facebook or Twitter to get the latest news updates!

This information is accurate on 3 November 2016

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956 or +61 8 8351 9956

or   This email address is being protected from spambots. You need JavaScript enabled to view it.

Temporary workers on the Working Holiday visa (subclass 417) and Work and Holiday visa (subclass 462) were originally expected to start paying a 32.5% tax on all wages starting on 1 July 2016 (referred as the Backpacker Tax). Assistant Treasurer Kelly O'Dwyer has announced today that the Backpacker Tax will be delayed until 1 January 2017, pending a review to the Working Holiday (subclass 417) and Work and Holiday visas (subclass 462).

With the delay of the implementation of the Backpacker Tax, temporary workers under the subclass 417 and subclass 462 visas will continue to pay tax on money earned above A$18,200.

Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers

This is good news for workers and current holders of the Working Holiday and Work and Holiday visas as the tax-free threshold is maintained. The programme will continue to be attractive for overseas youth to travel to Australia while being able to work to cover travel expenses. Regional agricultural business and farmers will be delighted with the news as it might mean that there is no need to increase payments to attract workers who are required during harvest.

Links to related articles:

• http://www.bbc.com/news/world-australia-36309023
• http://www.farmweekly.com.au/news/agriculture/general/politics/backpacker-tax-reforms-set-to-be-shunned/2752421.aspx
• http://www.afr.com/news/policy/tax/time-to-go-sydney-too-expensive-with-a-backpacker-tax-20160517-gowxat
• http://www.abc.net.au/news/2016-05-17/nt-farmers-call-backpacker-tax-delay-a-stunt/7421412

If you are interested to know more about the Work and Holiday visa programme, you can contact Work Visa Lawyers to find out more.

This information is accurate on 17 May 2016

Source:

1. http://www.abc.net.au/news/2016-05-17/malcolm-turnbull-to-back-down-on-backpacker-tax/7420102

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956 or +61 8 8351 9956

or   This email address is being protected from spambots. You need JavaScript enabled to view it.

The Minister for Immigration and Border Protection Peter Dutton announced on Friday, 6 May 2016 that the Australian Department of Immigration and Border Protection (DIBP) will be introducing two significant changes for visitor visa applications from Singapore nationals.

The two changes to be introduced are:

1. Making Singapore an eligible country for the Work and Holiday Visa Programme
2. Allow Singaporeans to apply for a longer validity visitor visa with multiple entry features 

The inclusion of Singapore as an eligible country for the Work and Holiday visa means that Singaporean youths aged 18 to 30 years of age will be able to travel and work in Australia for a period of up to 12 months. It is expected that 500 places will be made available to Singapore for the Work and Holiday visa on an annual basis.

The availability of a visitor visa with a longer validity and the ability to make multiple entries will enable visitors from Singapore to travel easier and more frequently to Australia. It is expected that this will boost tourism numbers and improve bilateral understanding of the culture and environment between both countries.

The announced changes will be implemented at a later date and we will bring you further updates once more information becomes available from the DIBP.

This information is accurate on 12 May 2016

Source:

1. http://www.minister.border.gov.au/peterdutton/2016/Pages/Australia-enhances-visa-programme-with-Singapore.aspx

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956 or +61 8 8351 9956

or   This email address is being protected from spambots. You need JavaScript enabled to view it.

Starting on 21 September 2015, young Chinese nationals will be able to apply for the Work and Holiday (462) visas and Working Holiday (417) visas to Australia as part of improved visa facilities under the recently concluded China-Australia Free Trade Agreement (ChAFTA). This is the first stage where 1,500 places in the Working and Holiday Visa program are going to be open for application, with more places to be released in further stages until the programme reaches its annual cap of 5,000 places.

To apply for this visa, applicants must take note of the following:

• Hold a valid passport issues by the People's Republic of China
• Age 18-30 at the time of lodging the application
• Will not be with a dependent child while you are in Australia
• Have enough money to support yourself on a working holiday (about AUD 5000)
• Have enough money to buy a return or onward travel ticket at the end of your stay
• Have not previously entered Australia on a Working Holiday visa (subclass 417)
• Meet the educational requirements – usually completing a tertiary qualification
• Have functional English
• Meet character and health requirements
• Holders of Chinese passports are not required to provide evidence of Government support for the grant of the visa
• Chinese applications cannot be lodged by post, and instead must be made by appointment and in person at one of the three addresses provided in either Beijing, Guangzhou or Shanghai

So take advantage of this unique Australian visa that will allow you to visit and work in Australia at the same time! The limited places mean that not everyone in the populous country will be able to obtain this visa so act now and apply! Check with Work Visa Lawyers for your eligibility before applying.

Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers

The Work and Holiday visa programme is a great platform for overseas visitors to experience living in Australia for an extended period of time (up to 12 months). The ability to work also means that visa holders can experience the Australian work culture and meet potential employers who might be willing to offer a permanent position if the visa holder impresses. The wages from work done will also allow travellers to see more of Australia during the 12 months of stay.

A word of caution though is that Work and Holiday visa holders need to be aware of employment laws and regulations in Australia so that they are not abused in any way. A good source for that information is FairWork.gov.au and I recommend that all Work and Holiday visa holders refer to the website to understand the employment conditions in Australia.

This information is accurate on 18 September 2015

Sources:

1. https://www.comlaw.gov.au/Details/F2015L01437/Explanatory%20Statement/Text
2. http://www.border.gov.au/Trav/Visa-1/462-
3. http://english.cri.cn/12394/2015/07/02/3742s885455.htm
4. http://www.fairwork.gov.au/

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as Migration Review Tribunal, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 7225 5091 or +61 8 7225 5091

or   This email address is being protected from spambots. You need JavaScript enabled to view it.