hippymike

Hi all,

You'll need your thinking caps for this one methinks... its quite convoluted

I have a working holiday visa (subclass 417) that has the 8108 3 month work limitation.

It is my understanding that I can not work for the same company for more than 3 months. However, I can work through an employment agency for more than 3 months if they find me work for different companies. Easy so far! This is where it gets tricky....

Currently, I am working through an agency who have found me work for an IT consultancy. The consultancy in turn charge me out to one of their end-user clients.

End-user -> pays -> consultancy
consultancy -> pays -> agency
agency -> pays -> me

So, I can't work for the end-user for more than 3 months (definite)
I can work through the same agency for more than 3 months (definite)
But: can I continue to work for the consultancy for more than 3 months if they find me work in different companies? (very fuzzy)

I have tried to contact DIMIA about this, but as always, I've had varied responses. Does anyone else have any experience or thoughts on this situation?

I have emailed DIMIA about this so that I have some proof of response just in case, so will re-post if/when I have a definitive response!

cheers all,
Mike

Bigmo&co

Hi,
My daughter has just returned from OZ. She went out on a working visa as well and worked for 10 months in the same place. I think if the employer is going to break the rules then you should just plead ignorant if any one approaches you. No one from the tax office ever contacted her.

Cheers Elaine

JAJ

The answer is on the DIMIA website:
http://www.immi.gov.au/faq/visiting/visiting03.htm#x7

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For the purposes of condition 8108, DIMIA regards the 'employer' as the organisation for which you are actually working, that is the organisation where the work is actually done, or the 'end user'. Where you are referred by an agency or labour supplier to a business, you are permitted to work for that business for three months. The same agency or labour supplier can later refer you to another business where you may work for another three months.

You are not permitted to extend your employment beyond 3 months with any one employer through the use of business affiliates and/or sub-contracting arrangements, or by using different employment agencies (to remain in the same job).

In practical terms, this means that you cannot work for longer than 3 months in the same position, in the same location, doing the same work.

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Jeremy

JAJ

The tax office won't care as long as she paid her taxes, but DIMIA certainly will care.

What she did was a clear breach of immigration laws and could well rebound on her if she seeks a further visa for Australia.

Jeremy

bondipom

Would be interesting applying for a permanent visa using that work experience in Australia for the points.

JAJ

Zero chance of getting the points.

There is a special regulation that insists that Australian work experience must be obtained while holding a substantive visa with work rights, *and* complying with the conditions of that visa.

If this is not the case, the experience is automatically deemed 'unskilled' and they don't even look at the rest of the criteria for skilled employment.

Jeremy