Is it possible to work beyond 6 months on a Working Holiday visa?
Many Working Holiday visa holders ask us whether it is possible to work beyond 6 months for the same employer. The following points may answer all your questions:
The Working Holiday visa (Subclass 417) as well as the Work and Holiday visa (Subclass 462) impose the 8547 condition: The holder must not be employed by any 1 employer for more than 6 months, without the prior permission in writing of the Secretary.
Working for longer than 6 months with the same organisation would generally not be considered consistent with condition 8547;
Working for a business for longer than 6 months, in circumstances where there has been a change of name or of underlying ownership, would generally be considered a continuation of employment with the same employer;
Visa holders cannot stay with any end user/employer (in the same or a different position) beyond 6 months by using different employment agencies, business affiliates or sub-contracting arrangements;
Every employer is tied to an ABN/ACN therefore the visa holder cannot usually work for the same employer/ABN/ACN for more than 6 months, however some exceptions apply:
- Generally, separate businesses (for example, with different ABNs) may be considered different employers for the purpose of condition 8547 therefore if the applicant works under a different ABN/ACN after 6 month this would be acceptable
- A visa holder may, however, work for the same employer for a combined total of more than 6 months, provided the work is undertaken in different locations and work in any one location does not exceed 6 months. Examples include different hotels, resorts or restaurants in the same chain; independently-owned franchises; and separate branches or facilities (such as farms or abattoirs) of the same organisation or business owner. However, working in a different position at the same workplace (for example, changing to a cleaning role after initially working for 6 months at reception) would be considered a continuation of employment with the same end user.
- Employment extensions may be granted if the visa holder has applied (as a primary or secondary applicant) for a visa that would allow them to continue full time work with the same employer – in other words, as soon as we have submitted a 482 temporary work visa for example, we then provide evidence as part of a request for an extension of the 6 month work limit to the Department of Immigration, just ask us to arrange and we will handle for you
- Extensions should not be granted in anticipation of a visa application – in other words, if you are planning to apply for a 482 temporary work visa however have not yet lodged the application, the Department of Immigration will generally not grant an extension to work beyond 6 months
We specialize in Employer Sponsorship applications. Are you interested in applying for an Employer Sponsored visa? Call us to arrange an assessment
You may like to read more about Employer Sponsorship options
To ensure you obtain precise information for your specific situation please arrange an appointment with one of our Registered Migration Specialists. Our Migration Specialist will conduct a full migration assessment and advise which visa option or pathway is best for you. Find out more about what a migration assessment involves.