Partner content · Broadside Lawyers
WANT TO KEEP WORKING IN HOSPITALITY? WHAT YOU NEED TO KNOW ABOUT EXTENDING YOUR STAY IN AUSTRALIA
By Wojtek Randla, Principal at Broadside Lawyers (w.randla@broadsidelawyers.com)
4 min read
If you're working in a café, restaurant, pub, hotel or another hospitality business in Australia on a temporary visa, one question can quickly become important:
“How do I stay longer?”
There isn't one general “hospitality visa renewal”. Your options depend on the visa you currently hold, your age and nationality, the work you've performed, your qualifications and whether an employer is prepared to sponsor you.
Here are some practical things to consider.
1. Know exactly what visa you hold
Start by checking your current visa and its conditions through VEVO.
Your visa may restrict how many hours you can work, the type of work you can perform or how long you can work for one employer.
Don't wait until your visa is about to expire before doing this.
2. Working Holiday Makers may be able to stay longer
The Working Holiday Maker program includes the subclass 417 Working Holiday visa and subclass 462 Work and Holiday visa, generally allowing eligible young adults a 12-month stay in Australia with short-term work.
Second and third Working Holiday Maker visas may be available where the relevant requirements, including specified work requirements where applicable, are satisfied.
However, not every hospitality job automatically counts as specified work for obtaining another Working Holiday Maker visa. The rules depend on your visa subclass, where the work was performed and the type of work involved.
3. The six-month employer rule has an important hospitality exemption
Working Holiday Maker visas generally contain condition 8547, restricting work with the same employer to six months.
However, there is currently an exemption allowing Working Holiday Makers to work for the same employer for more than six months in tourism and hospitality anywhere in Australia without seeking permission. This includes work in cafés, restaurants, pubs, bars, hotels, accommodation businesses and other qualifying hospitality operations.
That's important if you've found a workplace you like and want to stay.
4. Employer sponsorship may be another pathway
For some skilled hospitality workers, employer sponsorship may provide another option.
The Skills in Demand visa (subclass 482) allows approved employers to sponsor appropriately skilled overseas workers for nominated skilled positions where the requirements are satisfied. Applicants must have the skills for the nominated position, meet applicable English requirements and satisfy other visa criteria.
Hospitality workers such as experienced chefs, cooks and certain managers may have options depending on their occupation and circumstances.
Regional employer-sponsored visas and, in some areas, Designated Area Migration Agreements may provide additional pathways.
5. Don't confuse your employer with your immigration adviser
Your manager might genuinely want to help you stay in Australia, but that doesn't necessarily mean they understand migration law.
Before making decisions about changing jobs, enrolling in a course, sponsorship or allowing your existing visa to expire, obtain proper advice about your individual circumstances.
The bottom line
If you want to remain working in Australia's hospitality industry, start planning early.
Check your visa expiry date and conditions, keep records of your employment, payslips and locations worked, and investigate whether you qualify for another Working Holiday visa, employer sponsorship or another visa pathway.
The biggest mistake is waiting until the last few weeks of your visa before asking what comes next.
This article provides general information only and is not migration or legal advice. Australian migration laws, occupation lists and visa requirements change regularly. Your eligibility will depend on your individual circumstances and the requirements applying at the time of application.
