← Australia · 2019

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Introduction of Third-Year Visa Extension for Working Holiday Makers

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryAustralia
Operative dateJuly 1, 2019
CategoryAdmission and work authorization
Policy toolTemporary work visa extension
Affected groupWorking holiday makers and agricultural/regional workers

Policy effect

Amended the Working Holiday (Subclass 417) and Work and Holiday (Subclass 462) visa schemes to allow holders of a second Working Holiday Maker visa to apply for a third-year visa if they complete at least six months of specified regional work.

Conditions and exceptions

Validated condition or limit: Amended the Working Holiday (Subclass 417) and Work and Holiday (Subclass 462) visa schemes to allow holders of a second Working Holiday Maker visa to apply for a third-year visa if they complete at least six months of specified regional work.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.Authorised Version F2019L00196 registered 25/02/2019 Schedule 1 Amendments 2 Migration Amendment (Working Holiday Maker) Regulations 2019 OPC63825 - A Schedule 1—Amendments Migration Regulations 1994 1 Subparagraph 1224A(3)(c)(ii) of Schedule 1 Before “the application”, insert “if the applicant has held only one Subclass 462 (Work and Holiday) visa in Australia—”. 2 Subparagraph 1224A(3)(c)(iii) of Schedule 1 Repeal the subparagraph, substitute: (iia) if the … applicant has held 2 Subclass 462 (Work and Holiday) visas in Australia—the application must be accompanied by a declaration by the applicant that: (A) the applicant has carried out specified Subclass 462 work for a total period of at least 6 months; and (B) all of that work was carried out while the applicant held the second Subclass 462 (Work and Holiday) visa or while the applicant held a bridging visa that was in effect and was granted on the basis of the application for the second Subclass 462 (Work and Holiday) visa (made at a time when the applicant held the first Subclass 462 (Work and Holiday) visa); and (C) all of that work was carried out on or after 1 July 2019; and (iii) the applicant has not held more than 2 Subclass 462 (Work and Holiday) visas in Australia (including any Subclass 462 (Work and Holiday) visa held by the applicant at the time of application); and 3 Paragraph 1225(3B)(c) of Schedule 1 Before “the application”, insert “if the applicant has held only one Subclass 417 (Working Holiday) visa in Australia—”. 4 Paragraph 1225(3B)(d) of Schedule 1 Repeal the paragraph, substitute: (ca) if the applicant has held 2 Subclass 417 (Working Holiday) visas in Australia—the application must be accompanied by a declaration by the applicant that: (i) the applicant has carried out specified work in regional Australia for a total period of at least 6 months; and (ii) all of that work was carried out while the applicant held the second Subclass 417 (Working Holiday) visa or while the applicant held a bridging visa that was in effect and was granted on the basis of the application for the second Subclass 417 (Working Holiday) visa (made at a time when the applicant held the first Subclass 417 (Working Holiday) visa); and (iii) all of that work was carried out … on or after 1 July 2019; and (d) the applicant has not held more than 2 Subclass 417 (Working Holiday) visas in Australia (including any Subclass 417 (Working Holiday) visa held by the applicant at the time of application); andAuthorised Version F2019L00196 registered 25/02/2019 Amendments Schedule 1 Migration Amendment (Working Holiday Maker) Regulations 2019 3 OPC63825 - A 5 Subclause 417.211(1) of Schedule 2 Omit “and (5)”, substitute “, (5) and (6)”. 6 Subclause 417.211(5) of Schedule 2 Omit “is, or has previously been, in Australia as the holder of a Subclass 417 visa”, substitute “has held only one Subclass 417 visa in Australia”. 7 Paragraph 417.211(5)(a) of Schedule 2 Omit “(whether on a full-time, part-time or casual basis)”. 8 Paragraph 417.211(5)(b) of Schedule 2 Omit “, or is equivalent to, at least 3 months full-time work”, substitute “at least 3 months”. 9 At the end of clause 417.211 of Schedule 2 Add: (6) If the applicant has held 2 Subclass 417 visas in Australia, the Minister is satisfied that: (a) the applicant has carried out a period or periods of specified work in regional Australia; and (b) the total period of that work is at least 6 months; and (c) all of that work was carried out while the applicant held: (i) the second Subclass 417 visa; or (ii) a bridging visa that was in effect and was granted on the basis of the application for the second Subclass 417 visa (made at a time when the applicant held the first Subclass 417 visa); and (d) all of that work was carried out on or after 1 July 2019; and (e) the applicant has been remunerated for that work in accordance with relevant Australian legislation and awards. 10 Paragraph 417.221(2)(a) of Schedule 2 Omit “and (5)”, substitute “, (5) and (6)”. 11 Paragraph 417.222(b) of Schedule 2 Repeal the paragraph, substitute: (b) the applicant has not held more than 2 Subclass 417 (Working Holiday) visas in Australia (including any Subclass 417 (Working Holiday) visa held by the applicant at the time of decision on the application). 12 Clause 462.211B of Schedule 2 Omit “and 462.218”, substitute “, 462.218 and 462.219”. 13 Clause 462.218 of Schedule 2 Omit “is, or has previously been, in Australia as the holder of a Subclass 462 (Work and Holiday) visa”, substitute “has held only one Subclass 462 (Work and Holiday) visa in Australia”. 14 At the end of Subdivision 462.21 of Schedule 2 Add:Authorised Version F2019L00196 registered 25/02/2019 Schedule 1 Amendments 4 Migration Amendment (Working Holiday Maker) Regulations 2019 OPC63825 - A 462.219 If the applicant has held 2 Subclass 462 (Work and Holiday) visas in Australia, the Minister is satisfied that: (a) the applicant has carried out a period or periods of specified Subclass 462 work; and (b) the total period of that work is at least 6 months; and (c) all of that work was carried out while the applicant held: (i) the second Subclass 462 (Work and Holiday) visa; or (ii) a bridging visa that was in effect and was granted on the basis …
Federal Register of LegislationMigration Amendment (Working Holiday Maker) Regulations 2019 (Select Legislative Instrument F2019L00196)Open official source
Retrieved from https://www.legislation.gov.au/Details/F2019L00196

Review method

Two separate automated exact-claim source reviews

Automated source validation is not independent human legal review. The finding should not be treated as legal advice. Record fcp-cad6c5ca14676dde3724. Something wrong? Flag this record.

Other Australia changes operative in 2019