6 months work - Is that it?

Can I work for more than 6 months for the same business as a subclass 417 Working Holiday/Subclass 462 Work and Holiday visa holder without prior permission from the Department?

This is one of the frequently asked questions from both subclass 417/462 visa holders and employers. The short answer is YES but in limited circumstances.

To recap, Condition 8547 – Employer work limitation condition provides that the visa holder must not be employed by any one employer/business/organisation (i.e. the same end user) for more than 6 months, without the prior permission in writing of the Secretary (i.e. Department of Home Affairs delegate) unless the work falls within one of the limited circumstances accepted by the Department.

As a reminder, the work limitation condition resets and the 6 months begins again if:

• a second Working Holiday Maker visa is granted or

• a bridging visa comes into effect

What are the limited circumstances?

Limited circumstances accepted by the Department to work beyond 6 months but up to 12 with the same employer/business/organisation may include the following:

• the visa holder is self-employed and the below applies:

• the business is not integrated into the same end user’s business; and

• the end user is not the only business the visa holder provides services to during that time

• the work is undertaken in different locations and work in any one location does not exceed 6 months. For e.g. different hotels, resorts or restaurants in the same chain; independently-owned franchises; separate branches or facilities (such as farms or abattoirs) or different businesses (separate legal entities with different ABNs) of the same organisation or business owner

• the work is undertaken in plant and animal cultivation anywhere in Australia

• the work is undertaken in the below industries in Northern Australia only

• Aged Care and Disability Services

• Fishing and pearling

• Tree farming and felling

• Construction

• Mining

• Tourism and Hospitality

Our services

You may have further questions or require additional guidance regarding condition 8547 for yourself, someone you know or for your employee/contractor. SCA Connect has the expertise to assist you. Contact one of our consultants today to explore the opportunities available to your business or personal circumstances.

Disclaimer: The information provided herein is of a general nature only and does not constitute immigration advice. For more detailed and case specific information or advice, please contact SCA Connect.