The Australian government has decided to continue the previous exemption process relating to visa condition 8547 from 1 January 2024, until further government decisions. Working Holiday Makers will continue to have the potential to enjoy extended work rights in specific scenarios, allowing them to continue working with the same employer for more than 6 months.
As part of the ongoing effort to reform the Working Holiday Maker visa program, aligned with the recently released Migration Strategy, the government has initiated a consultation process. During this reform period, certain Working Holiday Makers will temporarily be exempted from complying with Condition 8547, a condition typically imposing a 6 month work limit with a single employer. The 6 months starts from the day you start work and is based on the length of time that has passed since you started working, not how many hours or days you have worked.
Key Points for Employers and Working Holiday Makers
From 1 January 2024, Working Holiday Makers stand to benefit from the extended opportunity to work for the same employer in Australia beyond 6 months, provided certain conditions are met:
- Work is in different locations and work in any one location does not exceed 6 months
- Work is in plant and animal cultivation anywhere in Australia
- Work in certain industries, including aged care and disability services, fishing and pearling, tree farming and felling, construction and mining, in northern Australia only
- Work in natural disaster recovery
- Work in critical sectors, including agriculture, food processing, health, aged and disability care and childcare, anywhere in Australia
- Work in the critical sector of tourism and hospitality anywhere in Australia
For situations not covered by the above criteria, Working Holiday Makers must seek permission from the Department of Home Affairs to extend their employment beyond 6 months with the same employer.
Applying for Working Holiday Maker – 8547 – Employment Extension
The Department of Home Affairs has opened a new webform application process for condition 8547 employment extension. It is advisable to submit requests for permission at least 2 weeks before the expiration of the 6 month period.
Applicants may need to give details of the ‘limited circumstances’ in which they are seeking permission to work longer than 6 months and provide supporting documentation from the employer outlining the exceptional circumstances.
The Department generally tries to process the permission requests within 14 days.
Applicants that have submitted a request for approval to work for longer than 6 months for the same employer, can continue working for the same employer until they receive the written outcome of your request. However, you must submit the request before the initial 6 month period lapses.
The Future of the Working Holiday Maker Program
As part of the broader governmental Migration Strategy, the Working Holiday Maker program is poised for reform. The government has placed significant focus on evaluating the regional settings and the Working Holiday Maker program to ensure migration supports development objectives in regional Australia and does not contribute to the exploitation of migrant workers.
Further details on this reform process are anticipated in early 2024, with the possibility of additional government decisions regarding Condition 8547 exemption arrangements.
The government’s announcement is indeed positive news for businesses and Working Holiday Makers alike. It presents a welcome option for individuals to prolong their stay and employment in Australia without the necessity of changing employers.
Remember, Migration Affairs is here to support you. Contact our immigration experts for personalised advice on your circumstances and eligibility.
Your success in this journey is our success.
Changes to the migration program can occur without notice. The above information is not intended to be legal advice and is correct as of the date of writing this article.
Contact Migrations Affairs to speak with our immigration experts for tailored advice on the circumstances and eligibility.
