2015-Jul 03: Interpretation of Work-to-Residence instruction WR1.5(c)

Visa Pak 218: Clarification on instructions WR1.5 (c) regarding Variations of Conditions for those on Work to Residence Accredited Employer Work Visas.

Visa Paks

3 July 2015

Interpretation of Work-to-Residence instruction WR1.5(c)

Work-to-Residence (WtR) instruction WR1.5(c) allows a WtR visa holder to apply for a Variation of Conditions (VoC) to work for a non-accredited employer when the accredited employer either does not have their accreditation renewed, or has their accreditation rescinded (i.e. when the WtR visa holder ceases to work for an accredited employer through no fault of their own.) However, it does not give the same right to WtR visa holders who are made redundant or whose employer has gone into liquidation – situations which are also beyond the control of the visa holder.

A Change Request has been made to amend WR1.5(c) to include WtR visa holders who are made redundant or whose employer has gone into liquidation.

Action

Until WR1.5(c) of the instructions has been clarified, Immigration Officers should give favourable consideration to VoCs for WtR visa holders who have been made redundant or whose employer has gone into liquidation unless there are good reasons not to.