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Extended Work Rights From 1 January 2024 for Working Holiday Makers

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27Dec
2023

Extended Work Rights From 1 January 2024 for Working Holiday Makers

The Minister of Immigration, Citizenship, and Multicultural Affairs announced that effective January 1, 2024, Working Holiday Makers (holders of Subclass 417 and 462 Visas) may be eligible for extended work privileges under certain conditions if they continue to work for the same business for more than six months.

Working Holiday Makers will be temporarily exempt from meeting Condition 8547, which typically imposes a six-month work limit with an employer. At the same time, the government goes through a consultation process to reform the Working Holiday Maker visa program settings in line with its recently released Migration Strategy.

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What Employers and Working Holiday Makers Need to Know

Beginning on January 1, 2024, Working Holiday Makers may be permitted to work in Australia for the same business for longer than six months without requesting approval from the Department of Home Affairs if their work is:

  • In several locations (with a maximum of six months of work in any one location)
  • Area in Australia where plants and animals are cultivated
  • In some sectors, such as mining, building, fishing, pearl harvesting, tree farming, felling, and aged care and disability services, exclusively in “Northern Australia,” as defined by the Department of Home Affairs
  • To recover from natural disasters (as of February 17, 2020)
  • Anywhere in Australia in vital industries like farming, food processing, healthcare, elderly and disability care, and child care (requirements starting on April 4, 2020)
  • Anywhere in Australia in the vital tourist and hospitality sectors (as of May 8, 2021)

For other situations not included in the above, Working Holiday Makers must request approval from the Department of Home Affairs to work for more than six months with the same employer.

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Applying for Extended Work Rights | Condition 8547 Extension

The Condition 8547 Extension application process will be available from December 22, 2023, through the Department of Home Affairs. Permission requests should be submitted no later than two weeks before the six-month work period’s expiration date.

Details on the “limited circumstances” under which you are requesting permission to work longer than six months may need to be provided. Additionally, your employer’s supporting documents detailing the extraordinary circumstances might be needed.

Until they obtain a formal decision from the government, applicants who have already filed a request for approval to work for the same employer for more than six months may be permitted to keep working for the same firm.

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Regarding the Working Holiday Maker Visa Program and Upcoming Changes

The Subclass 417 and the Subclass 462 are the two visas covered by the Working Holiday Maker program. These visas allow individuals from specific countries, between the ages of 18 – 35, to travel to and work in Australia.

As previously stated, the government’s migration strategy will inform changes to the Working Holiday Maker program. The Working Holiday Maker program’s settings, including eligibility, visa requirements, and specific work requirements, will be reviewed in a discussion paper that the government has told the Migration Institute of Australia it is drafting.

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