Direct Residence Holder Of Work Visa For 5 Years Or More

Section 26(a) – 5 Years on Work Visa

Section 26(a) – Holder of work visa for continuous 5 years and in possession of permanent offer of employment.

Note: In terms of the 2014 Immigration Regulations the Department of Home Affairs (“DHA”) now require that the 5 years of holding a work visa must be “continuous” without interruption which means that even if the gap or break between the work visas was a day it will be refused.

The other matter that often disappoints applicants is the situation where the applicant has held an Intra-Company Transfer Work Visa (“ICT”) and then changes to another work visa with continuity. Our DHA will refuse applications on this category as they will assert that an ICT does not constitute a work visa. It is our view that the DHA are wrong and such a refusal should be challenged in our courts.

A final matter for consideration would be to appreciate that work visas are considered to be those Work Visas set out in solely in section 19 of the Act and would not include Spouse Visas where a work endorsement has been granted.