Employing Work and Holiday Makers Beyond Six Months | Interstaff
Does your business hire Working Holiday Makers (otherwise known as Subclasses 417 and 462 Visa holders) but find the six-month work condition limiting?
While Condition 8547 generally limits a Working Holiday Maker’s work with the same employer to six months, many employers may not realise their options to allow for a longer period of work.
To better align your use of the Working Holiday Maker program to your business needs, here’s what you should know:
- The Working Holiday Maker program’s role in the employment landscape.
- Location-based exemptions and other exemptions for a longer work period.
- Requesting permission to work for longer than six months.
- Applying for a second or third visa under the Working Holiday Maker program.
- Sponsoring a Working Holiday Maker for long-term work.
The Working Holiday Maker Program’s Role in the Employment Landscape
The Subclass 417 and Subclass 462 Visas, which comprise the Working Holiday Maker program, allow young persons from over 40 eligible countries to travel, work, and study in Australia for up to 12 months.
Condition 8547 limits work on these visas to six months with the same employer unless an exemption applies or permission is granted.
Hiring Working Holiday Makers offers several benefits:
- Quick onboarding – Visa holders are usually already here in Australia, ready to work immediately, and may have prior experience in similar roles abroad.
- Flexible employment options – Visa holders can work short-term or seasonal jobs, which may be ideal for industries with fluctuating labour demands.
- Accessibility – Working Holiday Makers can work in any occupation or industry while in Australia.
- Support for regional and rural industries – Many visa holders seek work in agriculture, hospitality, and tourism to extend their stay via a second or third visa under the Working Holiday Maker program, helping to fill critical labour shortages.
Location-Based Exemptions and Other Exemptions | Employing Work and Holiday Makers
Several exemptions can allow Working Holiday Makers to work beyond six months with the same employer without permission if they:
- Work in different locations, and
- Do not exceed six months at any one location.
Examples of different locations may include:
- State and Territory schools or healthcare facilities at different sites
- Orchards under one ABN
- Subsidiaries with different ABNs—If a business operates under different ABNs, they may be treated as separate employers or locations.
- Remote work or working from home (a change to/from remote work counts as a location change)
- Self-employed individuals providing services to multiple businesses
These exemptions provide much greater flexibility in modern day settings where working from home and multiple locations or offices are a reality for many businesses.
However, employers and visa holders should keep detailed records and seek immigration advice if relying on these exemptions—as the guidance policy for this condition and how it applies may change.
Other exemptions to the six-month work limitation also exist for:
- Work in animal and plant cultivation (exceptions apply).
- Work in natural disaster recovery.
- Work in a critical sector – currently noted as Agriculture, Health, Aged Care and Disability Services, Childcare, Tourism, and Hospitality.
- Work in certain industries in Northern Australia – fishing and pearling, tree farming and felling, construction and mining (eligible areas apply).
Requesting Permission to Work for an Employer for Longer Than 6 months | Condition 8547
If an exemption does not apply, it may be possible for a Working Holiday Maker to request permission to work for longer than 6 months with the same employer.
Usually under Condition 8547, the six-month work limitation with the same employer:
- Applies from the day the Working Holiday Maker starts work with your business.
- Is calculated by calendar months that have passed since this date, rather than how many days or hours they have worked.
The Department of Home Affairs may grant a Working Holiday Maker employee permission to work for your business for longer than six months if:
- They’ve applied for a new visa that allows full-time work and are waiting for a decision
- Or if their role is critical to your business and you provide a supporting letter to explain why.
The process involves the employee submitting a request to the Department of Home Affairs online and once submitted, they can keep working for your business until they receive a written decision.
Applying for a Second or Third Visa Under the Working Holiday Maker Program
Some employees coming to the end of their Working Holiday Maker Visa period may be able to continue working with the same employer if they are eligible to apply for a second or third visa under the program.
The six-month limit resets when they’re granted a new visa under the Working Holiday Maker program or a Bridging Visa.
To apply for an additional visa for the Working Holiday Maker program, an employee needs to meet ‘specified work’ requirements during their previous 417 or 462 Visa unless they are exempt as a UK passport holder.
‘Specified work’ refers to completing a minimum period of paid work in designated industries and regions of Australia—such as agriculture, construction, tourism and hospitality, disaster recovery, and mining—to qualify for a second or third visa for the program. Various conditions apply.
Sponsoring a Working Holiday Maker for Long-term Work
Sponsoring a Working Holiday Maker for a Subclass 482 Skills in Demand (SID) Visa or Subclass 494 Regional Visa can secure your employee for long-term work and even provide a pathway to Permanent Residence (PR).
482 SID Visas provide:
- Up to four years of work in any metropolitan or regional area.
- Access to PR by applying for the Subclass 186 Transition Visa after two years of work in Australia.
494 Regional Visas allow:
- Up to five years of work in a ‘designated regional area’ of Australia
- Access to PR through the Subclass 191 Visa after three years of regional work.
- A broader skilled occupation list for eligibility compared to the 482 SID Visa.
The processes for both visas require the employer to become approved by the Department of Home Affairs as a sponsor before a Visa and Nomination application can be made.
Sponsoring Working Holiday Makers for a 482 or 494 Visa can also be arranged through a Labour Agreement or Designated Area Migration Agreement (DAMA) to provide greater flexibility for visa requirements.
Interstaff | Strategic Immigration for Business
Employers are legally responsible for ensuring their workers have the necessary work rights. It is therefore important to understand how visa conditions apply – such as the six-month work limitation under Condition 8547.
Civil and criminal penalties may apply for breaches, as well as business risks such as reputational harm and increased scrutiny on future visa applications.
If you would like professional visa, sponsorship or migration advice, we encourage you to contact Interstaff’s Migration Agents.
Interstaff can provide advice on employing Work and Holiday Makers such as:
- Staying compliant with Condition 8547—requests for permission to work longer than six months, and whether a location-based exemption or other exemption may apply.
- Assessing or planning for your employee’s eligibility for further work – for example, via a second or third Work and Holiday Maker Visa, or an employer-sponsored visa.
To stay updated on Australian immigration news and developments, you can connect with us on LinkedIn. The Department of Home Affairs is currently reviewing Working Holiday Maker program settings and a reform process is underway.
If you haven’t already registered for Interstaff’s newsletter, please contact our team to be added to our list.
Source:
Interstaff’s Registered Migration Agents
The Department of Home Affairs – Condition 8547
The Department of Home Affairs – Specified Work
Employing Work and Holiday | Disclaimer | This content is not advice. It serves as a general overview of topics of interest. It is not exhaustive, and its accuracy is subject to change. Interstaff is not responsible for the accuracy or timeliness of the information or any actions taken based on it. We recommend that you seek professional advice before making decisions or relying on the information provided – please enquire with our team of Registered Migration Agents for specialist advice so that your specific circumstances can be considered.
