On 19 January 2022, the 6-month work limitation was temporarily relaxed. The relaxation of this condition was initially in effect until 31 December 2022, and it has now been extended until 30 June 2023.
This change allows Working Holiday Makers (WHMs) to work with any one employer for the duration of their visa without requesting permission, and any work that is carried out before 1 July 2023 will not be counted towards the 6-month limitation period. This means that from 1 July 2023 onwards, WHMs may work for any employer for up to an additional 6 months even if they worked for that same employer before 1 July 2023.
This applies to anyone in Australia who either holds any kind of WHM visa, regardless of when they arrive, or holds a Bridging visa with condition 8547 imposed.
Working Holiday (subclass 417) and Work and Holiday (subclass 462) visas allow visa holders to have an extended holiday in Australia and to supplement their funds with short term employment. These visas are granted with condition 8547, which limits work with each employer to 6 months. Condition 8547 states ‘The holder must not be employed by any one employer for more than 6 months, without the prior permission in writing of the Secretary’.
Related: Changes to Working Holiday Maker Visas Affected by COVID-19
Working Holiday Makers can work in any location, occupation or industry while in Australia. Under Condition 8547, work with any one employer is generally limited to 6 months. Working Holiday Makers can work for the same employer in Australia for more than 6 months without asking permission if the work is:
- in different locations and work in any one location does not exceed 6 months
- in plant and animal cultivation anywhere in Australia
- in certain industries in northern Australia only
- from 17 February 2020, assisting bushfire recovery efforts
- from 4 April 2020, in critical sectors during the COVID-19 pandemic including agriculture, food processing, health, aged and disability care and childcare
- from 8 May 2021, in the critical sector of tourism and hospitality anywhere in Australia
If you want to work longer than six months with one employer in any other circumstance you need to request permission.
Meaning of ‘one employer’
The ’employer’ is the business or organisation for which you are working directly.
If you are referred by an agency or labour supplier to a business, you can work for six months for that business. The same agency or labour supplier can refer you to another business where you can work for another six months. You cannot stay in the same position in the same location with one employer for more than six months by using different employment agencies, business affiliates or sub-contracting arrangements.
Workplace-based training is considered to be work. You are able to undertake workplace-based training with the same employer for up to six months.
Calculating 6 months
The 6 months starts from the day you start work. It includes full-time, part-time, casual, shift and voluntary work. It is based on the length of time that has passed since you started working, not how many hours or days you have worked.
The condition applies separately to each visa, including bridging visas. This means that the 6 month period starts again when you are granted a new WHM visa and/or when a bridging visa comes into effect while you are waiting for your application to be processed.
6 month work limitation Condition 8547 – Work in different locations
You do not need to ask DHA permission to work with the same employer for up to 12 months if you work in different locations and work in any one location does not exceed six months.
For example you can:
- work for two hotels in the same chain at different premises
- work for independently-owned franchises in different workplaces
- work for State and Territory schools and health care facilities at different addresses
- work at two different orchards owned by the same business with the one ABN (Australian Business Number)
- work for a subsidiary company (owned by the same parent company) but the ABN on your payslip is different
- work for different businesses (separate legal entities with different ABNs) owned by the same employer
- be self-employed and provide services to the same business for more than six months as long as that business is not the only business you provide services to during that time
- work for independently-owned franchises, even though they operate under the same business name
- work from home or work remotely, during COVID-19
Plant and animal cultivation work anywhere in Australia
You do not need to ask our permission to work with the same employer for up to 12 months if you work in plant and animal cultivation anywhere in Australia.
For example:
- the harvesting and/or packing of fruit and vegetable crops
- pruning and trimming vines and trees
Note: This must be your primary employment task and directly associated with the cultivation and commercial sale of plant produce, such as fruit and nut crops (commercial horticultural activities). General garden maintenance is not eligible. - general maintenance crop work
- cultivating or propagating plants, fungi or their products or parts
- immediate processing of plant products
- maintaining animals for the purpose of selling them or their bodily produce, including natural increase Note: Maintaining animals for tourism or recreational purposes is not eligible.
- immediate processing of animal products including shearing, butchery, packing and tanning
Note: Secondary processing of animal products, such as small goods processing and retail butchery, is not eligible. - manufacturing dairy produce from raw material.
For further information, see plant and animal cultivation on the ATO website.
Work in certain industries in northern Australia only
You do not need to ask our permission to work longer than six months with one employer in Northern Australia if you work in the following industries:
- Aged Care and Disability Services
- Fishing and pearling
- Tree farming and felling
- Construction
- Mining
Aged Care and Disability Services
- disabilities services
- aged care services
- aged or disabled carer
Fishing and pearling
- conducting operations relating directly to taking or catching fish and other aquatic species
- conducting operations relating directly to taking or culturing pearls or pearl shell
Tree farming and felling
- planting or tending trees in a plantation or forest that are intended to be felled
- felling trees in a plantation or forest
- transporting trees or parts of trees that were felled in a plantation or forest to the place where they are first to be milled or processed or from which they are to be transported to the place where they are to be milled or processed
Construction
- residential building construction
- non-residential building construction
- heavy and civil engineering construction
- land development and site preparation services
- building structure services
- building installation services
- building completion services
- other construction services
Mining
- coal mining
- oil and gas extraction
- metal ore mining
- construction material mining
- non-metallic mineral mining and quarrying exploration
- mining support services
Tourism and hospitality work
Tourism and hospitality
- positions where the primary purpose is to directly provide a service to tourists, including tourist guides and operators, outdoor adventure or activity instructors, tourist transport services
- gallery or museum managers, curators or guides
- hospitality workers, including a range of positions in hotels or other accommodation facilities, restaurants, cafes, bars and casinos
- conference and event organisers
Work in the tourism and hospitality industry must appear in our list of tourism and hospitality occupations. The list is based on Australian and New Zealand Standard Classification of Occupations (ANZSCO) codes.
For the purposes of the six-month work limitation, Northern Australia is defined in the following table.
Eligible areas of Northern Australia | Postcodes inclusive |
---|---|
Northern Territory | Entire Territory |
Queensland (all areas north of the Tropic of Capricorn) | 4472 4478 4481 to 4482 4680 4694 to 4695 4697 4699 to 4707 4709 to 4714 4717 4720 to 4728 4730 to 4733 4735 to 4746 4750 to 4751 4753 to 4754 4756 to 4757 4798 to 4800 4801 to 4812 4814 to 4825 4828 to 4830 4849 to 4850 4852 4854 to 4856 4858 to 4861 4865 4868 to 4888 4890 to 4892 4895 |
Western Australia (all areas north of the Tropic of Capricorn) | 0872 6537 6642 6646 6701 6705 6707 6710 to 6714 6716 6718 6720 to 6722 6725 to 6726 6728 6740 6743 6751 6753 to 6754 6758 6760 6762 6765 6770 |
Bushfire recovery work
- construction, farming, or any other work in association with recovery or restitution of land, property, farm animals or wildlife
- providing support services or assistance to people living, working or volunteering in the affected areas
Eligibility for second or third Working Holiday (subclass 417) and Work and Holiday (subclass 462) visas
While some industries also provide eligibility for a second or third Working Holiday or Work and Holiday visa as well as employment extensions, not all do. For example:
- work as an au pair, and in aged and disability care does not count as ‘specified work’ for either subclass 417 or subclass 462
See Specified subclass 417 work and Specified subclass 462 work for more detailed information.
excluded employment: SC 417 and SC 462 visa holders are prevented from using work carried out for an ‘excluded employer’ from being used to satisfy the conditions to apply for a second or third working holiday visa.
Excluded employers are those specified by legislative instrument who the Minister is satisfied pose a risk to the safety and welfare of a person performing work for, or under the supervision of that employer.
Change this condition on my bridging visa
To change this condition on your bridging visa:
- complete Form 1005 Application for a bridging visa – To replace a ceased bridging visa, to change bridging visa conditions or to provide lawful status during judicial review (327KB PDF).
- Send the form to the area processing your visa application. See the last contact we sent you for the address.
Book an appointment for a commitment free briefing with a Registered Migration Agent in Melbourne to find more about your visa options.
VisaEnvoy assists Working Holiday visa holders in application to work beyond 6 months for their employers , ensuring that all criteria are met, and sufficient documentary evidence is provided to DHA. VisaEnvoy policy is to only lodge ‘decision ready’ applications , so that the your application is finalised as quickly as possible.