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[417 WHM 워홀러 비자] 두번째/세번째 신청 자격의 모든 것 – 세컨드워홀비자 거절사례

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

Overview

To 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.

Visa you are applying for Required minimum period of specified work Circumstances in which specified work must have been undertaken
Second Working Holiday (subclass 417) visa 3 months
  • While holding your first Working Holiday (subclass 417) visa
Third Working Holiday (subclass 417) visa 6 months
  • On or after 1 July 2019
  • While holding your second Working Holiday (subclass 417) visa, or, after your first Working Holiday visa expired, a bridging visa that was granted before your first visa expired when you applied for your second visa

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 work

The following industries and areas are approved for specified work:

  • plant and animal cultivation in regional Australia
  • fishing and pearling in regional Australia
  • tree farming and felling in regional Australia
  • mining in regional Australia
  • construction in regional Australia
  • bushfire recovery work in declared bushfire affected areas only, after 31 July 2019
  • critical COVID-19 work in the healthcare and medical sectors anywhere in Australia, after 31 January 2020

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

  • the harvesting and/or packing of fruit and vegetable crops
  • pruning and trimming vines and trees directly associated with the cultivation and commercial sale of plant produce, such as fruit and nut crops (commercial horticultural activities).
    Note: This must be your primary employment  task and general garden maintenance is not eligible.
  • general maintenance crop work
  • cultivating or propagating plants, fungi or their products or parts
  • immediate processing of plant products
  • maintaining animals for the purpose of selling them or their bodily produce, including natural increase
    Note: Maintaining animals for tourism or recreational purposes is not eligible.
  • immediate processing of animal products including shearing, butchery, packing and tanning
  • manufacturing dairy produce from raw material

Examples of eligible specified work in plant and animal cultivation:

  • picking fruits on an orchard
  • feeding and herding cattle on a farm
  • horse breeding and stud farming
  • conservation and environmental reforestation work
  • zoo work involving plant or animal cultivation

Examples of ineligible specified work in plant and animal cultivation:

  • working as a nanny on a farm
  • secondary processing or provision of plant and animal products, such as:
    • wine-making, brewing and distillation
    • milling
    • manufacturing of smallgoods
    • retail of dairy or butchery products
    • giving wine tastings at a vineyard

Fishing and pearling

  • conducting operations relating directly to taking or catching fish and other aquatic species
  • conducting operations relating directly to taking or culturing pearls or pearl shell

Tree farming and felling

  • planting or tending trees in a plantation or forest that are intended to be felled
  • felling trees in a plantation or forest
  • transporting trees or parts of trees that were felled in a plantation or forest to the place where they are first to be milled or processed or from which they are to be transported to the place where they are to be milled or processed

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

  • coal mining
  • oil and gas extraction
  • metal ore mining
  • construction material mining
  • non-metallic mineral mining and quarrying exploration
  • mining support services

Examples of ineligible specified work in mining:

  • performing specialised social science services (such as anthropological and archaeological assessments) for mining companies
  • cooking/catering on a mine site
  • cleaning the interior of mine complexes or buildings

Construction

  • residential building construction
  • non-residential building construction
  • heavy and civil engineering construction
  • land development and site preparation services
  • building structure services
  • building installation services
  • building completion services
  • other construction services

Examples of eligible specified work in construction: (인정해 주는 업무 예제)

  • landscaping the grounds of a construction/house site
  • painting the interior/exterior of new buildings
  • erecting fences on a construction site
  • scaffolding

Examples of ineligible specified work in construction: (인정하지 않는 업무 예제)

  • ship/boat building
  • manufacturing materials used on a construction site (such as concrete or steel)
  • town planning or architecture

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

  • construction, farming, or any other work in association with recovery or restitution of land, property, farm animals or wildlife
  • providing support services or assistance to people living, working or volunteering in the affected areas.

Examples of eligible specified work in bushfire recovery:

  • re-building fences destroyed in a bushfire affected community
  • caring for wildlife in a bushfire affected community
  • support work for volunteer organisations assisting victims of bushfires
  • demolition of buildings, trench digging, land clearing and earth moving
  • residential and non-residential construction or renovation/repair, including of roads, footpaths, bridges, parking lots, fencing, railways, dams, irrigation systems, sewage and storm water drainage systems

Examples of ineligible specified work in bushfire recovery: (산불 회복과 관련되어 인정하지 않는 예제)

  • hospitality, cleaning or administrative work in a business that was not damaged by bushfire
  • construction or renovation work in an area that is not a declared bushfire affected area
  • work carried out on or before 31 July 2019

Critical COVID-19 work in the healthcare and medical sectors

  • medical treatment, nursing, contact tracing, testing and research
  • support services including cleaning of medical and health care facilities and equipment

Examples of eligible specified work: (팬데믹관련 인정해주는 예제)

  • providing care to COVID-19 patients in a hospital
  • research relating to COVID-19 treatment
  • cleaning at a COVID-19 testing centre

Examples of ineligible work: (팬데믹관련 인정하지 않는 업무 예제)

  • general administration or cleaning work that is not in response to COVID-19
  • selling personal protective equipment

How to count specified work

Three 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:

  • working five days a week for a continuous period of three calendar months, including on a piecework rate agreement
  • working less than five days a week over a period longer than three calendar months, including on a piecework rate agreement
  • working multiple short periods of work in any combination of full time, part time or on a piecework rate, which add up to the equivalent of five days a week over three calendar months

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:

  • working five days a week for a continuous period of six calendar months, including on a piecework rate agreement
  • working less than five days a week over a period longer than six calendar months, including on a piecework rate agreement
  • working multiple short periods of work in any combination of full time, part time or on a piecework rate, which add up to the equivalent of five days a week over six calendar months

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
+
Two months (61 calendar days) for the period of part time work of two months
=
Six months (which in this case is more than 179 calendar days) of specified 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 undertaken

All of your six months of specified work must have been undertaken:

  • on or after 1 July 2019; and
  • while you held:
    • your second Working Holiday (subclass 417) visa; or
    • after your first Working Holiday (subclass 417) visa expired, a bridging visa that was granted before your first Working Holiday visa expired when you applied for your second Working Holiday visa.

Work undertaken while you held any of the following visas is not eligible:

  • your first Working Holiday visa; or
  • any other kind of visa, for example a student visa; or
  • a bridging visa granted while you held any other kind of visa.

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 shifts

You 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:

  • If you are working on a piecework rate the number of hours can depend on the weather and ripening of crops.
  • If you are working on an Award you should check your conditions of employment, including rostering, overtime, and penalty rates.

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 days

Australian 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.
Note: If you are working on an Award you should check your conditions of employment including leave and public holiday entitlements.

Severe or seasonal weather

You 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 work

Variable 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 work

You 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 Australia

Specified 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.

​State/territory ​Postcode
Australian Capital Territory ​The Australian Capital Territory is not classified as part of regional Australia
​New South Wales ​2311 to 2312
2328 to 2411
2420 to 2490
2536 to 2551
2575 to 2594
2618 to 2739
2787 to 2899
Note: Excludes Sydney, Newcastle, the Central Coast and Wollongong
Norfolk Island ​All of Norfolk Island is classified as part of regional Australia
​Northern Territory ​All of Northern Territory is classified as part of regional Australia
​Queensland 4124 to 4125
4133
4211
4270 to 4272
4275
4280
4285
4287
4307 to 4499
4510
4512
4515 to 4519
4522 to 4899
Note: Excludes the Greater Brisbane area and the Gold Coast
​South Australia ​All of South Australia is classified as part of regional Australia
Tasmania
​All of Tasmania is classified as part of regional Australia
​Victoria 3139
3211 to 3334
3340 to 3424
3430 to 3649
3658 to 3749
3753
3756
3758
3762
3764
3778 to 3781
3783
3797
3799
3810 to 3909
3921 to 3925
3945 to 3974
3979
3981 to 3996
Note: Excludes Melbourne metropolitan area
Western Australia 6041 to 6044
6055 to 6056
6069
6076
6083 to 6084
6111
6121 to 6126
6200 to 6799
Note: Excludes Perth and surrounding areas

Bushfire affected areas

Bushfire 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.

State/Territory Postcode
Australian Capital Territory All areas of the ACT
New South Wales 2069 to 2076, 2083
2173, 2178
2224 to 2234, 2250 to 2251, 2256 to 2265, 2267, 2275, 2278, 2280 to 2287, 2289 to 2290
2305 to 2306, 2312, 2320 to 2331, 2333 to 2338, 2340, 2344 to 2347, 2350 to 2356, 2358 to 2361, 2365, 2369 to 2372, 2382, 2386, 2388, 2390, 2396, 2399
2400 to 2404, 2408 to 2411, 2415, 2422 to 2431, 2439 to 2441, 2443 to 2450, 2452 to 2456, 2460, 2462 to 2466, 2469 to 2490
2508, 2535 to 2541, 2545 to 2546, 2548 to 2551, 2555, 2568 to 2583, 2588, 2590, 2594
2611, 2619 to 2623, 2625 to 2633, 2640, 2642, 2644, 2646, 2649 to 2653, 2656, 2658 to 2661
2701 to 2702, 2720, 2722, 2725, 2727, 2729 to 2730, 2745, 2747 to 2750, 2752  to 2759, 2765, 2773 to 2774, 2776 to 2780, 2782 to 2787, 2790, 2795
2844 to 2850, 2852
3707
4375, 4377, 4380, 4383, 4385
Queensland 4124, 4157 to 4161, 4163 to 4165, 4183 to 4184
4208 to 4218, 4220 to 4230, 4270 to 4272, 4275, 4285, 4287
4300 to 4301, 4303 to 4307, 4309 to 4313, 4340 to 4347, 4350, 4352 to 4365, 4370 to 4378, 4380 to 4383
4400 to 4405, 4407
4514, 4515, 4517 to 4519, 4550 to 4575, 4580 to 4581
4600 to 4601, 4605, 4614 to 4615, 4630, 4650, 4660, 4670 to 4671, 4673 to 4674, 4676 to 4678, 4680, 4694 to 4695, 4697
4701 to 4706, 4710, 4711
South Australia 5052, 5072 to 5073, 5076, 5110, 5112 to 5118, 5120 to 5121, 5131 to 5134, 5136 to 5142, 5144, 5151 to 5157
5201, 5220 to 5223, 5231 to 5238, 5240 to 5245, 5250 to 5255, 5259 to 5261, 5264 to 5267, 5271, 5273, 5275
5301 to 5304, 5320, 5321, 5351, 5353, 5354, 5356, 5357, 5374
5552, 5558, 5570 to 5573, 5575 to 5577, 5580 to 5582
5605 to 5607, 5630 to 5632
Tasmania 7017, 7026, 7027, 7030
7119, 7120, 7140, 7150, 7190
7213 to 7216, 7264
7304
Victoria 3159
3213, 3218, 3264 to 3265, 3268, 3270 to 3287, 3289, 3292 to 3294
3300 to 3305, 3309 to 3312, 3314 to 3315, 3317, 3321 to 3322, 3328 to 3333, 3342, 3350 to 3352, 3355 to 3357, 3360 to 3361, 3363 to 3364, 3373 to 3375, 3377 to 3381, 3384, 3387 to 3388
3401, 3407, 3444, 3453, 3467 to 3469, 3475, 3477 to 3478, 3480
3515 to 3516, 3523, 3550 to 3551, 3555 to 3559, 3570
3607 to 3608, 3610, 3612, 3631, 3664 to 3666, 3669 to 3670, 3675, 3677 to 3678, 3682 to 3683, 3685, 3687 to 3688, 3690 to 3691, 3694 to 3695, 3697 to 3699
3700 to 3701, 3704 to 3705, 3707 to 3709, 3713, 3715, 3720, 3722 to 3723, 3732 to 3733, 3735, 3737 to 3741, 3744, 3746 to 3747, 3749, 3781 to 3783
3807 to 3810, 3812 to 3816, 3818, 3820 to 3825, 3831 to 3833, 3835, 3840, 3842, 3844, 3847, 3850 to 3852, 3854, 3856 to 3860, 3862, 3864 to 3865, 3869 to 3871, 3873 to 3875, 3878, 3880, 3882, 3885 to 3893, 3895 to 3896, 3898
3900, 3902 to 3904, 3909, 3950, 3953, 3962, 3966 to 3967, 3971, 3978, 3980 to 3981, 3984, 3987 to 3988

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)

 

기타 궁금한 분들은 무료온라인상담실에 문의 주세요. 

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.

 

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