Navigating Working Rights: Extension of Work Rights for Working Holiday Visa Holders Under Condition 8547
If you hold a Working Holiday (subclass 417) visa or Work and Holiday (subclass 462) visa, you can do any kind of work in Australia throughout your 12-month stay period. However, there are limitations on the timeframe you may work with any one employer. Mandatory visa condition 8547 limits you to a maximum period of 6 months of work with any one employer.
Previous Temporary Relaxation
On 19 January 2022, the 6-month work limitation was temporarily relaxed by the Australian Government. The relaxation of this condition was initially in effect until 31 December 2022, and it was later extended until 30 June 2023.
This change allowed Working Holiday Makers (WHMs) to work with any one employer for the duration of their visa without requesting permission, and any work that is carried out before 01 July 2023 will not be counted towards the 6-month limitation period. This means that from 01 July 2023 onwards, WHMs were permitted to work for any employer for up to an additional 6 months even if they worked for that same employer before 01 July 2023.
Latest Updates from the Minister
As the Australian Government winds down the concessions afforded during the Pandemic, the Minister for Immigration, Citizenship, and Multicultural Affairs has announced the extension of the exemption process related to visa condition 8547 for WHMs. This decision will come into effect from 01 January 2024 and will continue until further government decisions are made as part of the Working Holiday Maker (WHM) reform work.
Key Changes Effective 01 January 2024:
1. Extended Work Periods:
WHMs can work for the same employer in Australia for more than 6 months without seeking permission from the Department under the following conditions:
Work is in different locations and work in any one location does not exceed 6 months
Work is in plant and animal cultivation anywhere in Australia
Work is in certain industries, including aged care and disability services, fishing and pearling, tree farming and felling, construction and mining, in Northern Australia only
From 17 February 2020, natural disaster recovery work
From 04 April 2020, in critical sectors, including agriculture, food processing, health, aged and disability care and childcare, anywhere in Australia
From 08 May 2021, in the critical sector of tourism and hospitality anywhere in Australia
2. Other Situations:
For any other situations not covered above, WHMs must seek permission to work longer than 6 months with one employer.
Keep an eye out for the upcoming discussion paper in early 2024, which will delve into all aspects of the Working Holiday program, including eligibility, visa conditions, and specified work requirements.
How can Agape Henry Crux Help?
If you hold a Subclass 417 Visa or a Subclass 462 Visa and find yourself uncertain about your compliance with your visa conditions Agape Henry Crux can help you. Our Accredited Specialists in Immigration Law are specialised in handling highly complex matters. You may schedule an appointment 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.
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