Extend the 6 month working rights from subclass 417/462 to subclass 820.

When applying for a Partner visa, subclass 820, from the Working Holiday (subclass 417) or Work and Holiday (subclass 462) visa, there are often questions about continuing working for one employer for over 6 months.

Working for one employer after lodging a Partner Visa subclass from a Working Holiday (subclass 417) or Work and Holiday (subclass 462) visa.

Once you lodge a Partner Visa subclass 820, you normally receive a Bridging Visa A (BVA), that permits working for any employer, for any amount of time. However, it is important to understand that this BVA does NOT come into effect until the subclass 417 or 462 expires.

This means that you must follow the employment rules for the subclass 417 or 462 until that visa expires. The conditions of these visas normally limit you to a maximum period of 6 months’ work with any one employer, unless you have been given permission to work longer for a single employer.

To do this, you must apply for a Work Rights Waiver, which can be done using Form 1445 from this immigration page: immi.homeaffairs.gov.au/…/permission-to-work-longer-than-6-months-with-one-employer.aspx.
There is no fee to apply for an employment extension.

Work Rights Waiver

An important note on the page for a Work Rights Waiver, is that it specifies that requests for permission to work longer than 6 months are only approved in limited circumstances.

However, it also states that your request to extend the employment period may be approved where you have applied for another visa in Australia that would let you continue to work for your employer full time and are waiting for our decision.
This includes the subclass 820, which has full normal working rights.

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There are some situations where you do not need permission to exceed 6 months for one employer, and at September 2020 these main conditions related to working :

  • in different locations and work in any one location does not exceed 6 months
  • in plant and animal cultivation anywhere in Australia
  • in certain industries in northern Australia only
  • from 17 February 2020, assisting bushfire recovery efforts
  • from 4 April 2020, ​in critical sectors during the COVID-19 pandemic​ including agriculture, food processing, health, aged and disability care and childcare

These are covered at: immi.homeaffairs.gov.au/…/work-holiday-462/6-month-work-limitation

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