There has been some conjecture of late regarding Entry Clearance for Tier 1 visa applicants in Australia, specifically relating to refusals under Paragraph 320 (7b) HC 395, where the applicant had been deemed to have breached their working holiday visa conditions. A majority of these refusals were due to the interpretation of the policy wording below:

2.2. Work incidental to a working holiday

Working holidaymakers are expected to intend to take work in the United Kingdom as an incidental part of their working holiday. Those wishing to enter in the category should treat the work that they do as a purely incidental part of their holiday (which should be their primary reason for being here) rather than being the reason for which they have sought entry to the United Kingdom. Accordingly, working holidaymakers must not intend to spend more than 12 months of their stay in employment, and must intend to spend the rest of their stay holidaying.

The British High Commission in Canberra had then applied a 50% pro-rata calculation to the amount of time a working holiday maker may spend in employment whilst in the UK. They had stated that you must only work for half the time actually spent inside the UK, which is incorrect.

Through diligence and numerous phone and email correspondence by 1st Contact regarding this with the policy and decision makers, I am pleased to announce that this has now been rectified. All cases that fell for refusal on this basis will be reviewed and reassessed. The British High Commission in Canberra aims to contact all affected applicants by Friday 19 September. Furthermore, all applicants who have held off applying due to this can now move forward with their applications.

1st Contact has established very good communication channels with both the UK Border Agency and the High Commissions to ensure that our clients receive the best possible service. Should you wish to discuss your impending application, please do not hesitate to contact us.