Working As an Unlawful Resident – Does it Count as Work Experience?
If you are not holding a valid visa, you are considered an ‘unlawful non-citizen’. Additionally, if you are working unlawfully or breaching your visa work conditions and now have the opportunity to apply for another visa. You may be wondering if work experience during your unlawful period can count toward your visa application or for any of the points-test visas, such as the General Skill Migration (GSM) program.
What is considered Unlawful Employment?
Unlawful employment occurs when an individual works without holding a substantive visa, or a Bridging Visa A (Subclass 010), or a Bridging Visa B (Subclass 020), with work permission.
If the applicant has breached their visa conditions and works without any work rights or works more hours than allowed, then the employment period in breach of the visa conditions cannot be counted under the work experience.
For example, if a student (Subclass 500) visa holder is subject to 48 hours per fortnight but was employed in their nominated skilled occupation for 50 hours per fortnight while the applicant's course is ongoing. This could not be used to claim points as the visa applicant has breached its visa conditions.
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How Can Agape Henry Crux Help You?
If you have concerns regarding your unlawful employment and how it can affect your future work experiences for a visa application, speak to an Accredited Specialist(s) in Immigration Law to assist you with a creative strategy and build a strong argument for your matter. You can book a Migration Planning Session consultation to seek professional advice by calling 02-8310-5230 or emailing us to book a time at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese and Malay. If these aren’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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