It has come to our attention that some individuals in Australia on a working holiday visa and sometimes their employer do not understand the six month work rule. This specific visa rule which applies to individuals on 417 AND 462 working holiday visas enforces that these visa holders can only work at any one entity/subsidiary entity for a maximum of six months.
Whether you are contracted in through an agency, if you switch agencies you cannot work past six months with the same client. This rule is based on where you are working not whom you are being paid by. Similarly, when your six months is up, your employer cannot then have a third party organisation employ you and contract you back into the same or subsidiary entity.
Some individuals on the working holiday visa set up their own ABN in the hope that they’ll be exempt from the rule, but once again this does not allow you to work past your six months at the same entity.
The working holiday visa has been set up to allow people 30 years or under from several countries around the world to come to Australia to holiday and be able to work to support themselves during their stay.
Some visa holders find themselves wanting to extent their stay… in which case, many individuals on the 417/462 visa move to the 457 work visa as it allows them to live and work in Australia for up to four years. At this point, you can either be sponsored by the company you are working for, or you can be sponsored by a third party company which holds a 457 On-Hire Labour Agreement, you can then be contracted back into your original role.
If you continue working past your six month period, if the Department of Immigration find out usually you’ll be asked to leave the country and can be banned from any further work visa entitlements to Australia for up to 3 years.
It’s best to play it straight, if you’re wishing to work in Australia past this six month period, make sure you look into 457 visa options early on so you understand the requirements/if you’re eligible, etc. as the document gathering and lodgement of the 457 can take a few months.
