Work limitation on Working Holiday visas

Employers frequently ask us to confirm the circumstances in which holders of Working Holiday visas may work beyond 6 months, as per their visa conditions.

If the employer has more than one location of work and offers employment in a different location, this will enable the employer to employ the Working Holiday maker for an additional six months at the new location. It is also possible to move the employee between different arms of the business if the employee will work for a different branch or franchise.

Otherwise, depending on the occupation and the skills of the Working Holiday maker, the employer may be able to sponsor the employee for a TSS visa for 2 or 4 years. If the employer would like to retain the Working Holiday maker on an ongoing basis, the best time to initiate the TSS process is three months into the work assignment (to allow enough time to prepare for the TSS visa and minimise any gaps in employment).

If the Working Holiday visa expires while the TSS application is being processed, the employee may work for the employer for an additional (new) six month period once their bridging visa comes into effect. The employee may work for another six months each time a new bridging visa is granted.

Unless a new visa application has been lodged, the circumstances of being able to work beyond 6 months are very limited, including:

• The new employment will be in a specified regional area (defined by post code but excluding all of Sydney) and the new employment relates to specified occupations in specified industries e.g. aged care, tourism and hospitality, agriculture, fishing, forestry;
• The person is critical to the completion of a specialised project that has unexpectedly gone over time. The threshold for this is extremely high and detailed evidence would need to be shown that no one else can do this job. In any case, in this situation, the extension of work rights will only be approved for days or weeks;
• If the person is getting workers compensation payments as a result of a workplace injury;
• The person needs to work in disaster recovery work following a declared major disaster; or
• The workplace has been affected by a major disaster and the person was unable to physically go to work.

You are welcome to discuss specific situations with your Ajuria Lawyers advisor.

DISCLAIMER This information is current as of 31 July 2019 and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.