# WHV Subclass 462 to 457 Visa



## aozora (Feb 18, 2011)

Hello, I am currently about to go to Australia for one year on a Working and Holiday Visa for Americans (subclass 462). I was wondering about general advice on other options if there is some difficulty in getting hired on a sponsored visa (457)? I was considering going for a Masters Degree in IT possibly at technical university in either Melbourne or Sydney. I am just asking questions for people who might have some experience before me.

I visited Australia and I wanted to see if I can make it work out since I like the culture which is more laid back than American culture. I am thinking that I can get IT temp work and this might be possible without doing the Australian Computer Society Assessment which is common for people who are doing the 175/176 Visa path. 

I am just looking at my options as I want to get a feel if I should consider going to school at the end of the year of the WHV when there is only limited (temp) IT work.


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## Wanderer (Jun 16, 2007)

Not that I'm in IT and though I am somewhat amazed that the market is not well and truly saturated with how many people either study it from abroad or come to Australia to study it with the intent of getting PR, I suppose that despite the bubble bursting, it seems with developments in the technology there will be to some extent a forever expanding service market if not in development areas.
I also note from time to time on this forum and elsewhere that there are postings which could infer that there is some difficulty in finding work and that is not too surprising if the market is getting closer to saturation and there could also be factors involved like IT work being outsourced to overseas cheaper labour markets, but again more for development aspects I suppose for in the service area you'll always need bums on the ground and another factor could be ability level in english.
If you have a good level of IT experience already and english is not going to be a problem for you, it might be possible that you could secure IT work easily enough, even if in a temporary capacity initially but show your worth to an employer and that is where something more permanent may initiate from.
The 462 visa does mention a restriction re applying onshore for skilled visas and that is something it is suggested should be checked with Immi and I would expect that there could be some advice in your confirmation of the 462 grant.
If an employer is interested in sponsoring you and they are eligible along with the position but the 462 has a restriction, you could always take a trip to New Zealand or wherever and apply for a 457 there and then fly back and if still having time within the six months with one employer to keep working for them, do that whilst the 457 is being processed, the 457 also having a pathway to PR

And if you decide to go the study path with the intent of a skilled independent application, that will involve getting ACS accreditation and so as well as any course being CRICOS approved you'll want to have a close look at how it'll be in respect to the ACS.


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## aozora (Feb 18, 2011)

Thanks Wanderer. I actually searched online for the WHV 462 and it said I can actually be sponsored under special circumstances as the employee would want to hire me for full-time employment:

Exceptional circumstances might include remaining in your current job:
•	for a very short time (days or weeks) as you are critical to the completion of a specialised project that has unexpectedly gone over time (this generally only relates to highly skilled activities, such as a lawyer in the middle of a trial or a doctor who plans to operate on a patient who they have been treating); or 
•	remaining in your current job while a decision is being made on an application for a visa which would allow you to continue full time work with your employer without leaving Australia (for example Subclass 457 - Temporary Business (Long Stay) Visa, Subclass 820 – Spouse Visa).


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## Wanderer (Jun 16, 2007)

aozora said:


> Thanks Wanderer. I actually searched online for the WHV 462 and it said I can actually be sponsored under special circumstances as the employee would want to hire me for full-time employment:
> 
> Exceptional circumstances might include remaining in your current job:
> •	for a very short time (days or weeks) as you are critical to the completion of a specialised project that has unexpectedly gone over time (this generally only relates to highly skilled activities, such as a lawyer in the middle of a trial or a doctor who plans to operate on a patient who they have been treating); or
> •	remaining in your current job while a decision is being made on an application for a visa which would allow you to continue full time work with your employer without leaving Australia (for example Subclass 457 - Temporary Business (Long Stay) Visa, Subclass 820 - Spouse Visa).


Be careful about reading the wrong stuff the wrong way for two wrongs do not make it right, especially with what you have read may have come up under a general WHV462 search but it is in fact what is there for a 417, ie.
Working Holiday Visa (Subclass 417)
*and that is all about extending the six months with one employer work validity *if you are applying for another visa and not that you can be sponsored because......

The wording is quite different to what you will find for the 462, ie.
Work and Holiday Visa (Subclass 462)

And that is consistent with other information on the 462, particularly near the bottom of
Work and Holiday Visa (Subclass 462)


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## aozora (Feb 18, 2011)

I was wondering how to tell if I do not have the No Further Stay on my Visa. I only saw 6 month limit and the study 4 month limit. 

I do not have this on my grant letter:

The Work and Holiday visa allows you to stay in Australia for 12 months. You can only extend your stay in Australia if your Work and Holiday visa is not granted with a 'No Further Stay' condition. If your visa is granted with a 'No Further Stay' condition you will be advised of this in your visa grant letter.

I can apply for another visa.


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## Wanderer (Jun 16, 2007)

Yes, without a No Further Stay condition you can apply for some other visas but read the following fully, including what is in bold


> Extending your stay in Australia
> The Work and Holiday visa allows you to stay in Australia for 12 months. You can only extend your stay in Australia if your Work and Holiday visa is not granted with a 'No Further Stay' condition. If your visa is granted with a 'No Further Stay' condition you will be advised of this in your visa grant letter.
> 
> *Work and Holiday visa holders without a 'No Further Stay' condition are only able to apply for a limited number of other visas from within Australia.
> ...


That is from the bottom link I provided.


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## aozora (Feb 18, 2011)

Thanks, I talked to a migration expert and he told me that I can go for a 457 Visa. Hopefully this will help Americans trying to get a sponsored visa.


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## Wanderer (Jun 16, 2007)

I would still take note of the *" Contact Us "* for there are many agents who are not always so expert.


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## aozora (Feb 18, 2011)

Thanks wanderer. Actually, I reviewed an actual case. Basically you are correct. The person might have to leave the country if a company wants to sponsor someone who has a 462. I am a little bit sad about this with Australia trying to say it is hard to change (bridge) visas while in Australia. I would probably have to go to New Zealand take a small break and see how I can get the bridge visa. It might be the only way I can stay.

Thanks for properly researching. I hope that this Thread can help other Americans (and other groups) trying to get a change of visas while in Australia.


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## Wanderer (Jun 16, 2007)

The WHV conditions are developed between the two countries and will come about from what the US will allow for Australians on temporary skilled visas.

If the US was agreeable for a general 417 visa, there'd not be an issue for then the US would be on the list for that but sadly the US did not want that.

Taking a trip to NZ alone will not allow a bridging visa to be obtained for bridging visas apply when a person is in Australia and is eligible to make an application for an onshore visa and whilst that application is being processed, their existing visa expires.
Some people do travel to NZ with the intent of applying for an ETA to return on for they do not have a No Further Stay condition though there could be complications re questioning of intent on re-entry or re consideration of the expiry for a bridging visa as ETAs have a 12 months validity for stays of up to three months at a time.

You then also need to be aware that NZ has a requirement of a person having a flight out to a country a person has a right of entry to and so you need to schedule a return flight while you still have time left on your WHV and then have that cancelled out by applying for another visa to re-enter Australia.


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## aozora (Feb 18, 2011)

Thanks wanderer for your explanation. I was wondering beyond Seek, is there any other website that might be helpful for Working Holiday people who might want to do IT work (temp/contract)? I read that you a sponsor takes 1 month to do so it might be a risk while waking but waiting in another country is the best option. I was wondering have any people gone to a cheaper country and apply or be approved for their visa there?


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## Wanderer (Jun 16, 2007)

Web sites are one source and there are many of them if you do some searching for IT vacancies but they're all only a window to what may be available and your best chance re sponsorship may come from getting some temporary/contract work and proving to be of value to an organisation.
Taking a holiday for a couple of months or so to have a look up around Asia while a sponsorship visa is processed is another option.


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