2015-Jun 05: Variation of Conditions

Visa Pak 214: Advice for Immigration Officers on processing Variation of Conditions on work visas, specifically Work to Residence (Accredited Employers) and Essential Skills.

Visa Paks

5 June 2015

Variation of Conditions

This advice is to assist in processing Variations of Conditions for work:

There are two instructions that allow for visa holders to be approved a variation of conditions for work. Firstly, a worker on an Essential Skills visa may request a variation of conditions under E3.25.1 Varying the conditions of temporary entry class visas

Secondly, Work To Residence visa holders may apply for a variation of conditions under WR1.5(c)(ii) but only if their employer has not had their accreditation renewed or their accreditation has been rescinded i.e. the visa holder finds themselves no longer employed by an accredited employer through no fault of their own.

Under WR1.5 (c) (ii), an applicant may be approved a work visa for any other employer without losing their path to residence providing that they continue to meet the base salary of $55,000. Variations of Conditions under WR1.5 (c) (ii) should only be granted when an applicant finds themselves working for an employer that has not renewed or had their accreditation rescinded and not in cases where the applicant has simply changed employers.

A Work to Residence visa holder must apply for a variation of conditions under E3.25.1 when changing from one Accredited Employer to another. A variation applied for under any other circumstance and, if approved, will lose their path to residence.

Action

If a customer on a Work to Residence visa applies for a Variation of Conditions that can only be processed under E3.25.1 to work for a non-accredited employer, advise them prior to processing the application, that they will lose their path to residence.