Working Holiday Visa Subclass 417
What is a Working Holiday Visa?
This is a temporary visa available to people between the ages of 18 to 30 years (or 18 to 35 years if they are residents of certain countries) which gives them an opportunity to travel and do short term work in Australia.
This visa is valid for 12 months and visa holders can become eligible to apply for a second and third working holiday visa if they complete a certain amount of regional or specified work.
What is the main work limitation?
Working holiday visa holders can usually only work for the same employer for six months (condition 8547). It is possible to work for the same employer beyond six months if the work is:
- located in different places 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
In any other circumstances, it is necessary to request permission from the Department of Home Affairs if the visa holder wants to work beyond the 6 month period.
How do you calculate the 6 months?
The 6 months starts from the day the visa holder starts work. It includes full-time, part-time, casual, shift, and voluntary work.
The 6 months is based on the length of time that has passed since the visa holder started working, and does not depend on the number of hours or days the visa holder worked.
The 6-month work limitation condition resets if:
- a second Working Holiday Maker visa is granted or
- a Bridging Visa A comes into effect
How do you define ‘one employer’?
This is the business or organisation for which the visa holder is working directly.
A visa holder 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.
As an Employer, what are my obligations?
Prior to offering employment to people on this visa, you must be satisfied that the person has work rights to undertake the role. The Department of Home Affairs requires employers to take reasonable steps regularly to ensure that an overseas worker is not employed in breach of their visa conditions.
We recommend carrying out regular work rights entitlement checks to ensure that the person has a valid visa. With Working Holiday visas, it is also important to comply with the six-month work limitation unless exceptions apply.
What are the common visa conditions associated with this visa?
Visa holder must not be employed by one employer for more than 6 months, without the prior permission in writing of the Secretary of the Department of Home Affairs.
Visa holders cannot study or train for more than a total of 4 months while in Australia on this visa.