Working Holiday (subclass 417) and Work and Holiday (subclass 462) visa holders can engage in any type of work during their 12-month stay in Australia.
However, these visas are subject to condition 8547, which restricts employment with a single employer to a maximum of 6 months.
Specifically, condition 8547 states:
The holder must not be employed by any 1 employer for more than 6 months, without the prior permission in writing of the Secretary.
There are certain exemptions under current government policy, making the interpretation of condition 8547 quite complex in some situations.
What exemptions are available to the 6-month work limitation rule?
If any of the below criteria are met, visa holders with condition 8547 on their visa do not need to seek permission to work for you beyond 6 months, allowing them to continue employment for as long as their visa is valid:
- The business operates in tourism and hospitality, food processing, health, aged and disability care, childcare, agriculture, plant and animal cultivation, or natural disaster recovery anywhere in Australia.
- The business is outside these sectors, but the employee changes their work location (including working from home or another office or venue).
- The business is in the fishing and pearling, tree farming and felling, construction, or mining sectors in Northern Australia.
- Undertake work that is critical to your employer, and have attached a supporting letter from your employer to your request.
When does the 6 month work limitation start and end?
The 6-month period begins on the employee’s first day of work. It encompasses full-time, part-time, casual, shift, and voluntary work. This period is calculated on a calendar basis, meaning it is based on the number of months that have elapsed since the start date, regardless of the number of hours or days worked.
Changing workplace locations – resetting the 6 month ‘clock’
Visa holders who are not in an exempt sector but change their work location can continue working for you beyond 6 months in the same or a different role without needing permission. Examples of changing locations include:
- Working from home;
- Working remotely;
- Working at different premises of the same business; and/or
- Being self-employed and providing services to the same business for more than 6 months as long as that business is not the only one receiving services during that time
The above are some examples of the most common acceptable change of location policies however other changes of locations may also be acceptable. We highly recommend contacting our office to confirm, if you are not sure.
What options are available if there are no exemptions available?
The employee may be eligible for another visa (such as an employer sponsored working visa) that does not have working limitations. We recommend contacting our office to explore what options may be available.
In all cases, any visa holding employee with this condition imposed on their visa must not work past their 6-month limitation. The Department has the power to issue fines and other civil penalties for employers employing a visa holder who does not have the appropriate work rights.
If a working holiday visa has applied for a employer sponsored visa, can they continue to work for their employer?
In most cases, the answer is yes however a permission to work beyond the 6-month working period must be submitted to the Department.
Monitoring Working Holiday Visa holders
The Department undertakes ongoing compliance monitoring in relation to condition 8547 and from time to time cancel visa holders who have been found to be in breach of the 6-month limitation. In some cases, working holiday visa holders can be found to have provided fraudulent or misleading employment references for their working holiday extensions and are also cancelled on this basis.
To minimise your exposure to immigration non-compliance, it is highly recommended that employers undertake VEVO checks on a regular and consistent basis.
Asking for permission to work beyond the 6-month working period
There are only limited circumstances where the Department will issue permission for a visa holder to work beyond the 6-month working period.
Departmental policy currently states permission may be approved in the following circumstances:
- The visa holder is an ‘au pair’
- The visa holder, has, in Australia, lodged an application for another visa that would allow ongoing full-time employment; or
- The visa holder can demonstrate other exceptional circumstances.
Exceptional circumstances must relate to an Australian permanent resident, citizen or business and must be considered ‘extraordinary and unforseeable’.
Further information & advice on Condition 8547
As you may have gathered, condition 8547 can be quite complex and if you have any doubts, its highly recommended you seek advice from experienced immigration lawyers in Australia.
Please contact our office by submitting an online enquiry or calling us on 1300 083 843.