Understanding 6-Month Work Limitation for WHV Subclass 417 and Subclass 462

Visa holders of the Working Holiday (Subclass 417) and Work and Holiday (Subclass 462) visas can work in Australia for any employer during their 12-month stay. However, they are subject to Condition 8547, which limits their employment with a single employer to a maximum of 6 months unless specific exemptions apply. 
 

When does the 6-month Limitation start? 

• The 6-month period begins on the first day of work, and this limitation includes all types of employment: full-time, part-time, casual, shift work, and voluntary positions. 

• This period is calculated on a calendar basis, meaning it counts the months elapsed since the start date, regardless of hours worked. 

Are there any exemptions to the 6-month limitation? 

Visa holders may continue working beyond 6 months without seeking permission if they meet any of the following criteria: 

• Sector-Specific Exemptions - The business operates in sectors such as: 

  • Tourism and hospitality 

  • Food processing 

  • Health, aged, and disability care 

  • Childcare 

  • Agriculture, plant, and animal cultivation 

  • Natural disaster recovery 

• Change of Location

  • If the business is outside the exempt sectors, but the employee changes their work location (e.g., working from home or a different office). 

• Northern Australia Sectors

  • If the business operates in fishing and pearling, tree farming and felling, construction, or mining in Northern Australia. 

• Critical Work

  • If the work is critical to the employer, a supporting letter from the employer must accompany the request for permission.
     

Changing workplace locations – resetting the 6 months limitation

Visa holders who change their work location can continue working beyond the 6-month limit without needing permission. Acceptable changes of location include: 

• Working from home

• Working remotely 

• Working at different premises of the same business 

• Being self-employed and providing services to the same business, as long as that business is not the only one receiving those services. 
   

I wish to continue working with my employer after 6 months. Is there a way to overcome the 6-month Limitation? 

If the employee does not qualify for any exemptions. The employee may be eligible for another visa (e.g., an employer-sponsored visa) that does not have the same work limitations. We highly suggest gathering professional advice from an immigration lawyer before you make the switch to ensure you meet visa eligibility. 

What to bear in mind? 

Compliance and Monitoring

Visa holders with Condition 8547 must adhere strictly to the 6-month limitation. Non-compliance can lead to: 

• Visa cancellation for breaching visa conditions. 

• Civil penalties for employers employing individuals without the appropriate work rights. 
   

Monitoring by the Department

The Department of Home Affairs conducts ongoing compliance checks related to Condition 8547. If visa holders are found to be in breach, they may face visa cancellation. For example, fraudulent or misleading employment references can also result in visa cancellation.
 

Permission to Work Beyond 6 Months 

In limited circumstances, the Department may grant permission for a visa holder to work beyond the 6-month limit. These circumstances include: 

• The visa holder is an au pair. 

• The visa holder has lodged an application for another visa that allows ongoing full-time employment. 

• The visa holder can demonstrate exceptional circumstances, which must relate to an Australian citizen, permanent resident (PR), or business and be deemed extraordinary and unforeseeable.

How Can Agape Henry Crux Help 

If you have some employees who are on a Working Holiday Visa and would like to transition them out of the 6-month work limitation, contact our Accredited Specialist(s) in Immigration Law with our team of immigration lawyers and migration agents at Agape Henry Crux. We specialise in handling highly complex matters. You can schedule a meeting with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com. 

We speak fluent English, Mandarin, Cantonese and Malay. If this isn’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.