Author: Renu Roberts

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Extension of 6 month work rights for WHV holders – Au pairs and others

Subclass 417 Working Holiday Visas attract condition 8547 limiting work for any one employer to 6 months.  Exemptions can be gained from this time limit for au pairs and in other limited exceptional circumstances.

Au pairs

Au pairs who can demonstrate they have worked for a family with young children for 6 months, can be approved for a further 6 months employment (total 12 months).

Other exceptional circumstances

  • While the WHV holder is waiting for the decision on a visa that can be granted onshore for example Subclasses 457, 820, 402, 186 and 187
  • While the WHV holder is receiving workers compensation as a result of a workplace injury
  • While undertaking disaster recovery work following a declared major disaster
  • In circumstances where the workplace has been affected by a major disaster and the VH was unable to attend work due to the disaster

Limitation on approval of sponsorships- Spouse, partner, prospective marriage and interdependency visas


Limitation on approval of sponsorships–spouse, partner, prospective marriage and interdependency visas

       (1AA)  This regulation applies in relation to an application for:

                     (b)  a Partner (Provisional) (Class UF) visa; or

                     (c)  a Prospective Marriage (Temporary) (Class TO) visa; or

                     (e)  an Extended Eligibility (Temporary) (Class TK) visa; or

                      (f)  a Partner (Temporary) (Class UK) visa.

             (1)  Subject to subregulations (2) and (3), if a person applies for a visa mentioned in subregulation (1AA) as the spouse, de facto partner or prospective spouse of the sponsor, the Minister must not approve the sponsorship of the applicant unless the Minister is satisfied that:

                     (a)  not more than 1 other person has been granted a relevant permission as:

                              (i)  the spouse, de facto partner or prospective spouse of the sponsor on the basis of a sponsorship or nomination; or

                             (ii)  a person who ceased a relationship of a kind mentioned in subparagraph (i) with the sponsor after the person, or another person mentioned in the prescribed criteria for the visa, had suffered family violence committed by the sponsor; and

                     (b)  if another person has been granted a relevant permission in the circumstances referred to in paragraph (a)–not less than 5 years has passed since the date of making the application for that relevant permission; and

                     (c)  if the sponsor was granted a relevant permission as the spouse, de facto partner or prospective spouse of another person on the basis of a sponsorship or nomination–not less than 5 years has passed since the date of making the application for that relevant permission.

          (1A)  In subregulation (1):

“relevant permission ” means:

                     (a)  in relation to an application for a visa referred to in subregulation (1AA) made during the period from 1 November 1996 to 30 June 1997 (inclusive)–a visa; and

                     (b)  in relation to an application for a visa referred to in subregulation (1AA) made on or after 1 July 1997–permission (other than a visa or entry permit) granted under the Act to remain indefinitely in Australia, a visa or an entry permit.

             (2)  Despite subregulation (1), the Minister may approve the sponsorship of an applicant for a visa if the Minister is satisfied that there are compelling circumstances affecting the sponsor.


Scl 457 Sponsorship -Synthetic Grass Installers/Outdoor carpet Layers

The Job: You will be installing tennis courts, gardens, and children’s play areas, the variety is endless.

The role consists of :

  • Clearing of the site which includes vegetation & soil manually or with the aid of equipment which is provided for you.
  • Compacting  & levelling of base materials, soil, sand and other debris
  • Marking out and measuring the required specifications of the job
  • Installation of synthetic turf.
  • General labouring and site clean-up.


  • Physically fit with the stamina required for the manual tasks.
    Excellent communication skills
  • It is imperative to have time management skills.
  • Must have own transport preferably with tow bar

Bob cat, Dingo backhoe licences an distinct advantage




Visitor Visa Applications subclass 600 – Procedural update

Legislative instrument – IMMI 15/123 – F2015L01448 – Migration Regulations 1994 – Specification of Arrangements for Visitor Visa Applications 2015 specifies the approved forms and manner for making valid visitor visa applications.

The Schedule to this Instrument specifies the method for making applications for Subclass 600 Visitor visas in the following streams:

  • Tourist stream
  • Sponsored Family stream
  • Business Visitor stream
  • Approved Destination Status stream

This Instrument revokes IMMI 15/043 and commences on 1 October 2015.

Processing Priority Group 5: 175, 176, 475; Small number to be granted

Ministerial Determination  –  IMMI 15/112 – F2015L01455Migration Act 1958 – Determination of the fixed maximum number of specified skilled visas that may be granted in the 2015-2016 financial year. 

This Determination specifies the number of visas to be granted in the following visa categories:

  • Subclass 175 Skilled – Independent visa: 219 visas
  • Subclass 176 Skilled – Sponsored visa: 36 visas
  • Subclass 475 Skilled – Regional Sponsored visa: 29 visas


The Explanatory Statement to the Determination states that under s39(2) of the Act that when the maximum number of visas have been granted in each of these subclasses, any outstanding applications for visas of that subclass are taken not to have been made. 

According to the statement, consultation including the notification of affected clients will be undertaken closer to the 22 September implementation date.

The MIA has sought further urgent clarification from Minister Cash’s office on the procedural aspects of this Determination and will provide this to MIA members as soon as it is received.

This Determination revokes IMMI 10/023 and commences on 22 September 2015.

457 Applications – Service standards and processing issues

Extract from Migration Institute of Australia Notice:

The Department’s website is currently showing 457 service standards as 2 months for low risk and 3 months for high risk countries. Although some members are reporting much faster service than this, certain types of applications are being delayed.

Members are reminded that lodging an assessment ready application and having medicals completed promptly is the best way to ensure the application is processed in the shortest time possible.

Reports from recent discussions with the 457 processing centres show the most common reasons processing is delayed are:

  • incomplete supporting documentation requiring a request for further information to be generated
  • security checks taking longer than service standards
  • no supporting evidence to demonstrate the genuine position requirement
  • nominated occupations not consistent with the nominating business eg corporate general managers, sales and marketing managers, customer service managers, training managers and project administrators, in small businesses, especially where the owner is also working in the business
  • recent identification of at least 10 ‘fake’ organisations attempting to access the 457 program has required increased scrutiny of applications.


After lodging 457 applications an automated response is generated which provides extensive information to the applicant/RMA including:

  • processing status requests
  • current allocation/Processing times
  • request for urgent assistance or priority allocation
  • pre-lodgement enquiries
  • current issues
  • lodgement of applications
  • assessment ready applications
  • submitting supporting documents
  • updating your passport or personal details
  • relationship breakdown
  • bridging visas
  • babies born in Australia
  • lodging assessment ready applications – The Health Requirement
  • retrieval of TRN
  • cessation of work
  • superannuation
  • condition 8547 waiver requests
  • withdrawal of applications