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
Tourism and Hospitality
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.