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End of work rights looms for Working Holiday and Work and Holiday Visa Holders

by | Dec 1, 2023 | Migration

By 31 December 2023 all Working Holiday visa holders (subclass 417) and Work and Holiday visa holders (subclass 462) who have been working for their existing employer for 6 months must move jobs. We recommend visa holders and employer start making plans for this workforce disruption now.

Background

Traditionally, condition 8547 has limited 417and 462 visa holders to working for a maximum of 6 months with any one employer. During the Covid-19 pandemic the Department of Home Affairs relaxed this condition and allowed 417 and 462 visa holders to work for an unlimited amount of time with one employer. This concession came to an end on 1 July 2023.

From 1 July 2023, 417 and 462 visa holders can work for a maximum of 6 months with any one employer. If your business has had a 417 or 462 visa holder employed with it from 1 July 2023 (or earlier) their employment must cease by 31 December 2023.

Exemptions

There are a number of exemptions to the 6-month work limitation in condition 8547. These include if the visa holder works:

  • for a labour hire company and swap the company they provide services to every 6 months; or
  • for the same company in different locations (eg: work for 6 months in Sydney then another 6 months in the Melbourne office); or
  • in certain high-demand industries in Northern Australia only; or
  • in plant and animal cultivation work anywhere in Australia

417 and 462 visa holders are also able to work for more than 6 months in the one role where the employer they work with has changes an ABN. Technically, in this case there are two separate business, the old business with and new ABN business.

If you would like to discuss alternative visa options for your employees currently on 417 or 462 visas please reach out to Nevett Ford Lawyers by phone at 03 9614 7111 or by email at melbourne@nevettford.com.au. Our staff are able to assist to verify a candidate’s work rights and help with suggested visa options that may allow them to work full-time with your business.