Question of the Week
A big problem for working holiday makers when working as contractor with an ABN
Category: Visa for Australia
Question asked
Hello,
My name is P., I'm a 26 years old Frenchman currently in working holiday visa subclass 417.
I arrived in Australia the 21st of January 2023, so I guess my visa ends on the 21st January 2024.
I've already done 49 days out of my 88 days as rural Fencing Laborer in Queensland, with an eligible postcode (Toll 4820).
But these days were with ABN, and with a day rate, not a hours rate (example of invoice attached document), so will it count? What do you think of the invoices?
Is it possible to convert 5 days of work as a week just like with TFN and regular hourly rates jobs?
So I have a really short window but I might have found a job where I can work until the end, and so fill the missing days (even if we can't convert), but I'll have like a 10 or 5 days window to apply for a second visa, will it be enough?
And I've heard that some people manage to get a second year on their working holiday visa without finishing their 88 days, is it true?
What do you think of my situation?
Best regards.
P.
Answer provided by Migration Agent
Hi P.,
Work done on ABN does not count towards meeting the specified work requirement because the evidence of work acceptable for a sc 417 visa are employment contracts and payslips. The contract/experience letter has to be signed by an employer but if you are self-employed, your client cannot sign it for you.
I am not aware of cases where applicants have received second WHV without completing 88 days.
Given that you do not have enough time to complete 88 days with an employer, the next best thing you can do is to work on TFN with an employer and make up as many days possible and apply for the second WHV with the combination of TFN work and the ABN work you’ve done so far.
It does not guarantee a visa grant and there are significant refusal chances even if you do the above but that is your best choice under the circumstances.
Hope I’ve answered your question.
Migration Agent
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