The Minister for Immigration, Citizenship, and Multicultural Affairs has made a significant decision affecting Working Holiday Makers (Subclass 417 and 462 Visa Holders).
Commencing from January 1, 2024, under certain circumstances, these individuals will enjoy extended work rights with the same employer for durations exceeding six months.
In light of the ongoing consultation process to revamp the Working Holiday Maker visa program in alignment with the recently unveiled Migration Strategy, Working Holiday Makers will, on a temporary basis, be exempted from meeting Condition 8547. This condition traditionally imposes a six-month work limit with a single employer. It’s noteworthy that during the pandemic, Working Holiday Makers were also exempt from Condition 8547, but it was reinstated on July 1, 2023.
Key Information for Employers and Working Holiday Makers
Starting January 1, 2024, Working Holiday Makers may be eligible to work for the same employer in Australia for more than six months without requiring explicit permission from the Department of Home Affairs, provided their work falls under specific categories:
- Work in different locations (with no single location exceeding six months)
- Plant and animal cultivation anywhere in Australia
- Certain industries, including aged care and disability services, fishing and pearling, tree farming and felling, construction, and mining, limited to ‘Northern Australia’ as defined by The Department of Home Affairs
- Natural disaster recovery work (criteria from February 17, 2020)
- Critical sectors, such as agriculture, food processing, health, aged and disability care, childcare (criteria from April 4, 2020)
- Tourism and hospitality, designated as a critical sector anywhere in Australia (criteria from May 8, 2021)
For situations not covered above, Working Holiday Makers must seek permission from the Department of Home Affairs to work for more than six months with the same employer.
Procedure for Applying for Extended Work Rights | Condition 8547 Extension
The Department of Home Affairs will open the application process for a Condition 8547 Extension starting from December 22, 2023. Permission requests should be submitted at least two weeks before the expiry of the initial six-month work period.
Applicants may need to provide details of the ‘limited circumstances’ justifying the need to work longer than six months and may be required to submit supporting documentation from their employer outlining exceptional circumstances.
Applicants who have already submitted a request for approval to work for longer than six months for the same employer may continue working until they receive a written decision from the Government.
Insights into the Working Holiday Maker Visa Program and Upcoming Reforms
The Working Holiday Maker program comprises two visas – the Subclass 417 Working Holiday Visa and the Subclass 462 Work and Holiday Visa. These visas allow individuals aged between 18 and 35 from specific countries to holiday and work in Australia.
As previously mentioned, the Working Holiday Maker program will undergo reform in accordance with the Government’s Migration Strategy. The Government is preparing a discussion paper, expected to be released in early 2024, which will review program settings, including eligibility, visa conditions, and specified work requirements.
Further details on the reform process are anticipated to be disclosed in early 2024. Additional Government decisions on Condition 8547 exemption arrangements may be made as part of the Working Holiday Maker reform work, and updates will be provided accordingly.
Businesses welcome the news
The Minister’s announcement is welcomed news for both businesses and Working Holiday Makers, offering an opportunity to stay and work in Australia for an extended period without the necessity of changing employers.
