최신이민정보
[417 WHM 워홀러 비자] 두번째/세번째 신청 자격의 모든 것 – 세컨드워홀비자 거절사례 | ||||||||||||||||||||||||||||||||||||||||||||
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최근에 워홀러 세컨드 비자 거절과 관련하여 문의가 두건 있었습니다. 신청인이 일한 것이 2nd working holiday maker를 위한 경려조건 (specified work )에 만족하지 못하다고 판단하면서 이민성이 거절을 한 경우입니다. 이런 경우 억울하다고 생각되면 반드시 거절된 후 28일 안에 재심 (AAT)를 신청해야 합니다.
재심 비용은 현재 1,826 불입니다. 재심신청하는 것보다 재심 신청 하지 않도록 하는 것이 더 중요하겠습니다만 때로는 뜻하지 않게 발생하는 것 같습니다. 아래 내용은 워킹할러데이 2nd / 3rd 비자를 신청하기 위해 반드시 숙지해야 할 내용이기에 이민성 홈페이지에 있는 내용을 가져다 공유합니다.
Source: https://immi.homeaffairs.gov.au/what-we-do/whm-program/specified-work-conditions/specified-work-417 OverviewTo be eligible to apply for a second or third Working Holiday (subclass 417) visa, you must have already completed a prescribed minimum period of “specified work” in certain circumstances.
Specified work is work that is undertaken in a ‘specified’ industry in a specified area of regional Australia. Information on eligible industries and areas of Australia is provided below. All specified subclass 417 work must be paid in accordance with the relevant Australian legislation and awards. Voluntary work can only be included as specified work for the purpose of applying for a second or third Working Holiday visa where it is related to bushfire recovery work undertaken in declared bushfire-affected areas only. Specified work을 만족하지 못해서 비자 거절이 되는 경우를 봅니다. 따라서, 일하는 곳에 미리 고용주와 함께 대화를 통해 확인을 해 보세요. 아래 내용을 보여주면서 내가 앞으로 3/6개월 일하는 것이 이런 내용인지에 대해서. 나중에 고용주의 추천서도 필요하게 되기 때문에 미연에 방지를 하는 차원. Approved industries and areas for specified workThe following industries and areas are approved for specified work:
Specified work is any type of work described below which must be the primary role, function or activity performed during your employment. Supporting work, such as book-keeping, in any industry described in the list above, does not meet the definition of specified work. Plant and animal cultivation
Examples of eligible specified work in plant and animal cultivation:
Examples of ineligible specified work in plant and animal cultivation:
Fishing and pearling
Tree farming and felling
Work undertaken in the areas of plant and animal cultivation, fishing and pearling, and tree farming and felling must be described in the list above to meet the specified work requirement. Mining
Examples of ineligible specified work in mining:
Construction
Examples of eligible specified work in construction: (인정해 주는 업무 예제)
Examples of ineligible specified work in construction: (인정하지 않는 업무 예제)
The Australian New Zealand Standard Industrial Classification (ANZSIC) provides further detail about eligible work in mining and construction. Work undertaken in the mining and construction sectors must appear in the ANZSIC division for these sectors to meet the specified work requirement. Bushfire recovery work
Examples of eligible specified work in bushfire recovery:
Examples of ineligible specified work in bushfire recovery: (산불 회복과 관련되어 인정하지 않는 예제)
Critical COVID-19 work in the healthcare and medical sectors
Examples of eligible specified work: (팬데믹관련 인정해주는 예제)
Examples of ineligible work: (팬데믹관련 인정하지 않는 업무 예제)
How to count specified workThree months (to qualify for a second visa)‘Three months’ of specified work is taken to mean a period equivalent to the three shortest ‘calendar’ months of the year, that is, a minimum period of 88 calendar days, including weekends or equivalent rest days during your period of employment. To meet the three months’ specified work requirement you must complete the same number of normal work days or shifts as a full-time employee in that role and industry would normally work in a three month (88 calendar day) period. You can do this in a variety of ways, for example:
You do not need to do your three months of specified work all in one go, or all with one employer. You are free to spread the work over the period of your stay in Australia. You can also undertake specified work for longer than the required minimum of three months. You cannot complete the three month specified work requirement for a second Working Holiday (subclass 417) visa in a total period of less than three calendar months. Example – Karsten – full time continuous work Karsten works full-time for a construction company in rural Victoria as a builder from 1 December to 26 February, a total of 88 calendar days. Karsten works five days a week (Monday to Friday) for this whole period of time and is paid the correct legal wage. Karsten has met the three month specified work requirement. Example – Kim – Does not meet three months of specified work While on her first visa, Kim works two days a week at a vineyard maintaining vines and picking grapes from 1 February to 30 April. The vineyard work is eligible specified work and she is paid the correct lawful wage. The work has occurred over a three month period; however, she has not worked the equivalent number of days that would be worked by a full-time worker in a three month period. She will need to work a proportionately longer period of part time work to meet the specified work requirement. Kim has not worked the equivalent of three months’ specified work and does not meet the requirement. Six months (to qualify for a third visa)‘Six months’ of specified work is taken to mean a period equivalent to the six shortest ‘calendar’ months of the year, that is, a minimum period of 179 calendar days, including weekends or equivalent rest days during your period of employment. To meet the six months’ specified work requirement you must complete the same number of normal work days or shifts as a full-time employee in that role and industry would normally work in a six month (179 calendar day) period. You can do this in a variety of ways, for example:
You do not need to do your six months of specified work all in one go, or all with one employer. You are free to spread the work over the period of your stay in Australia. You can also undertake specified work for longer than the required minimum of six months. You cannot complete the six month specified work requirement for a third Working Holiday (subclass 417) in a total period of less than six calendar months. Example – Karla – separate periods of full time and part time work First job – While on her second visa, Karla works 5 days a week in a fruit orchard picking and packing fruit under a signed piecework rate agreement from 1 January to 30 April. This period counts as four calendar months (in this case 120 calendar days) towards the specified work requirement. Second job – Later, Karla does casual work picking vegetables at a market garden for five days a fortnight from 1 August to 30 November. During this period of four calendar months (in this case 122 calendar days) she has worked half of the usual full time work hours for this employer. This period can therefore count as a total of two months (or 61 days) towards the specified work requirement. Karla adds these two work periods together, counting: Four months (120 calendar days) for the period of full time work Karla has therefore worked the equivalent of six months of full time work and has met the six month specified work requirement. When the six months of specified work must have been undertakenAll of your six months of specified work must have been undertaken:
Work undertaken while you held any of the following visas is not eligible:
Example – Akio – specified work while on a bridging visa is eligible While Akio was in Australia on his first Working Holiday (subclass 417) visa, he applied for a second Working Holiday visa. During the processing of his application, his first Working Holiday visa expired, his bridging visa came into effect and he commenced specified work. His second Working Holiday visa was then granted. The specified work Akio undertook after his first Working Holiday visa expired and while he held the bridging visa is eligible. Example – Ingrid – specified work while on a bridging visa is not eligible Ingrid left Australia when her first Working Holiday (subclass 417) visa expired and returned to Australia on a student visa. At the completion of her studies, she applied in Australia for a second Working Holiday visa. After submitting her application, she commenced specified work. During the processing of her application, Ingrid’s student visa expired and her bridging visa came into effect. Her second Working Holiday visa was then granted and she continued her specified work. The specified work Ingrid undertook after she submitted her application and before her second Working Holiday visa was granted (that is, while her student visa was still valid or while she held the bridging visa) is not eligible. (However, specified work undertaken after the grant of her second Working Holiday visa will be eligible.) Normal work days or shiftsYou should agree with your employer the number of working hours, before you start work. One single day of work is considered to be the normal number of hours per day or shift that is considered standard practice in the industry and role in which you are employed. Note:
You cannot count work carried out on any one calendar day as more than one day of specified work. For example, if the industry’s standard day is five hours long, working 10 hours on one day – in a single or separate shifts for one or more employers – does not count as two days of specified work. Example: While on her second visa, Maria works on a dairy farm milking and other duties. Maria makes an agreement with her employer to work five days a week (Wednesday to Sunday) from 4am to 7am and 1pm to 4pm each working day (a total of six working hours per day) for six months. These hours are considered normal for this role and Maria is paid the correct legal wage. Maria can count every day of work towards the six month specified work requirement, which she meets. Example: While on his first visa, Jian works on a fruit orchard picking and packing mangoes. Jian is working on a piecework rate and works five or six days a week for three months. Depending on the weather and ripening of crops he works between five to eight hours each working day. Jian can count all of these days of work towards the three month specified work requirement, which he meets. Example: While on her first visa, Sophia works on a cattle station as a jillaroo and farm hand. Sophia works five or six days a week for three months. She works between five to nine hours each working day (including meal breaks). These hours are considered normal in this industry and role and she has been paid the correct legal wage. Sophia has met the three month specified work requirement. Australian public holidays and sick daysAustralian public holidays and sick days (or equivalent workers compensation leave days) can be counted as a day of specified work if you are paid for that day. Public Holiday or leave days which are not paid cannot be included in your total period of specified work. Severe or seasonal weatherYou cannot include any unpaid days where you did not work due to severe or seasonal weather towards your total period of specified work. You should plan to complete your specified work early in your stay, as no exception will be made for failure to complete the required minimum period of specified work because of severe weather – or any other reason. Example: While on her first visa, Petra was contracted to work 5 days a week under a piecework rate agreement on a sugar-cane farm doing harvest work from 1 June to 27 August – a period of 88 calendar days. However, she could not work for a total of 5 scheduled working days due to severe weather, and she was not paid for these 5 days. Petra later completed an additional 5 working days with another employer from 1 to 5 September, also under a piecework rate agreement. She has now completed the equivalent of three months (88 calendar days) of full time work and has met the three month specified work requirement. Shift workVariable shift work arrangements which are standard practice in the industry can be counted towards specified work. For example, if your full time paid employment contract involves two weeks rostered on for every day and then two weeks rostered off as rest days, provided this is standard practice in the industry, and you are paid for this whole period, then all four weeks (28 days) can be counted towards your total period of specified work. Be sure to keep a copy of your employment contract. How to find specified workYou can find specified work vacancies in the same way you would find other job vacancies, such as through employment pages in newspapers, the Internet and job placement service providers. Vacancies specifically for plant and animal cultivation can be found on Harvest Trail. Note: Not all vacancies advertised on Harvest Trail will qualify as specified work or give you eligibility for a second or third Working Holiday visa. You should ensure that the vacancy meets the definition of specified work listed above and that the work will take place in an eligible postcode of regional Australia. See Regional Australia to check the postcode list of designated regional areas. You should not leave it until the end of your stay to arrange your specified work, to allow for unforeseen circumstances which may prevent completion of the required period of specified work, such as bad weather, illness or not finding enough work. Regional AustraliaSpecified work carried out in the following areas of regional Australia is eligible specified work for the purpose of a second or third Working Holiday (subclass 417) visa.
Bushfire affected areasBushfire recovery work carried out after 31 July 2019 in the following areas is eligible specified work for the purpose of a second or third Working Holiday (subclass 417) visa.
준비서류 ● 여권 ● 고용주의 ABN 및 주소
● 폼 1263 고용 증명서 ( Form 1263 – Working Holiday visa : Employment verification ) ● 급여 명세서 (pay slips) ● 원천 징수표 (group certificates / payment summaries) ● 소득세 신고서 (tax returns) ● 고용주 추천서 (employer references) ● 원본 은행 명세서 (original Australian bank statement)
젊은 분들이 호주에서 좋은 경험을 쌓고 돌아 가실 수 있길 바라면서…
PS 혹시라도 AAT 재심 신청을 하고자 하는 분들은 미리 미리 연락을 하세요. 그분이 여러분들의 agent 이든 저든 그래야 충분한 시간을 가지고 케이스를 잘 준비할 수 있을 것입니다.
물맑은 호주이민닷컴 이민법무사 (0208335) www.hojuemin.com
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