A Working Holiday Maker visa can be a great option for younger people who are seeking to travel to Australia for an extended holiday, with the opportunity to explore the length and breadth of this beautiful and unique country, which is so admired around the world. You can travel to any, or all of the states and territories of Australia, to discover the vast and picturesque landscapes, natural wonders, unique flora and fauna, tourist icons and cultural experiences on offer.
As a working holiday maker program visa holder, you can spend 12 months in Australia, plus you are permitted to work (on a limited basis) to help fund your trip and engage in short-term study or training courses if you wish. Get to know the locals, as well as the many thousands of other holiday makers who visit Australia each year, to experience exactly what it is like to live in Australia.
Spend More Time In Australia
And another bonus? Well, you have the option to extend your stay in Australia, provided that you meet the requirements to qualify for a second and later, third year working holiday program visa. This can mean an overall stay period of 3 years as a working holiday maker visa holder! In order to be eligible for this option of a second or third year visa, you will need to complete a minimum period of specified work in a prescribed area of Australia whilst you hold a specified working holiday maker program visa or specified bridging visa.
Having this extended period in Australia could also potentially lead to even more options in the future, post-working holiday visa, if you are considering a further temporary stay, or even a more permanent option to live in Australia. How so? Well, you could use your time in Australia to prepare the necessary elements to qualify for a further visa, later down the track, such as a skilled visa by building up work experience in a skilled occupation. Or you could reside in a particular state or territory to meet the residence requirements for a state sponsored skilled visa. Perhaps you are in a relationship with an Australian, leading to potential partner visa options. What further steps you take on your visa pathway journey in Australia will depend on your goals, needs and your eligibility for a further visa, which will depend on your personal situation.
Note that you cannot include family members as depenent applicants on your working holiday maker visa, and you cannnot be accompanied by dependent children during your stay in Australia.
Changing Landscape
It is also important to point out that the working holiday visa program has evolved over time since its inception, and more so in recent years as it has undergone significant changes in the way in which it operates, with the Government seeking to respond to changing conditions in the economy, the labour market and relations with partner countries. This ever changing landscape makes it even more critical to stay up-to-date with the latest developments if you are considering applying for a working holiday visa, to ensure that you are fully aware of the eligibility criteria, visa conditions, and what further working holiday visa options are available to you (if you are on your first year working holiday maker visa, for example, what do you need to do to qualify for a second year working holiday maker visa and, following on from that, a third year). These are important questions that you need to raise and clearly understand so that you can make the best decision for you, and if you decide to apply, so that you do so properly and avoid the risk of a refusal. This is where seeking professional advice can really help, with trained experts in the migration industry available to help you through your journey. PAX Migration Australia is a leading immigration service providing advice on the working holiday program. For advice on your eligibility for a working holiday maker visa, contact us to speak with an expert immigration agent to guide you through the requirements and ensure you get that extra year, two or three in Australia!
In this article, we take a closer look at the working holiday maker visa, including the visa options available, the key eligibility requirements to qualify for a first, second and third year working holiday maker visa, and recent changes made to the program.
What Working Holiday Maker Visa Options Are Available?
The working holiday visa program is available to citizens/passport holders of selected countries, and this list grows as more countries are added progressively added to the program.
There are two working holiday maker visa options available, being the Subclass 417 Working Holiday visa and Subclass 462 Work and Holiday visa. Your country of citizenship/passport will determine which working holiday maker visa subclass you may qualify for.
The main difference between these two working holiday visa subclasses is that the subclass 462 visa is generally subject to caps on the amount of visas granted in each migration program year, as well as being subject to additional eligibility requirements. Otherwise, these two visa subclasses are the same in all material respects.
Who Is Eligible For A Working Holiday Maker Visa?
The requirements to qualify for a working holiday maker visa, and how to apply, differ depending on whether you are applying for your first, second or third year visa.
Some of the main eligibility criteria for your first year subclass 417 visa are that you must:
- be a citizen and passport holder of an eligible country;
- be aged between 18 and 30 years (inclusive) at time of application. If you apply for the visa while you are 30, but you turn 31 before a decision is made on your application, you may still be granted the visa. If you are a Canadian, French or Irish citizen, you will be subject to a higher maximum age limit of 35. In this case, if you apply for the visa while you are 35, but turn 36 before it is decided, the visa may still be granted;
- intend to temporarily stay in Australia as a genuine visitor, with your primary purpose being to have a holiday;
- demonstrate that you have sufficient funds to cover your personal expenses for the first 3 months of your stay in Australia (minimum of $5,000) and for your departure fare;
- have a reasonable prospect of securing employment in Australia;
- have a good immigration record; and
- meet health and character criteria.
Some of the key requirements to qualify for a first year subclass 462 visa are that you must:
- hold an eligible passport;
- be aged between 18 and 30 years (inclusive) at time of application. If you apply for the visa while you are 30, but you turn 31 before a decision is made on your application, you may still be granted the visa;
- intend to temporarily stay in Australia as a genuine visitor, with your primary purpose being to have a holiday;
- demonstrate that you have sufficient funds to cover your personal expenses for the first 3 months of your stay in Australia (minimum of $5,000) and for your departure fare;
- meet the education requirement, which requires you to have completed a specified qualification (this will vary, depending on your country of passport;
- have Functional English;
- you may need to provide a letter of support from an approved nominated agency (depending on your country of passport);
- have a good immigration record; and
- health and character criteria.
To qualify for a second and third year working holiday program visa, there are some slight variations to the requirements listed above, but generally they are quite similar. Although as mentioned earlier in this article, there is one big difference in being eligible for a second or third year visa, being the key additional requirement to complete a minimum period of ‘specified work.’
What Is Specified Work?
Specified work means work that is undertaken in a ‘specified’ industry in a ‘specified area’ of Australia.
The ‘specified work’ must have been completed for a specified minimum period of time in certain circumstances. The specified work must be paid in aoccordance with Australian laws and workplace awards.
Unpaid voluntary bushfire recovery work that is performed in a declared disaster area after 31 July 2019 can be included as specified work to apply for a second or third working holiday maker visa.
Specified work is any type of work as prescribed and it must be the primary role, function or activity performed during employment. Support work (such as book-keeping) in an eligible industry is not included as specified work.
What Is The Required Minimum Period of Specified Work?
To qualify for a second year working holiday maker visa, you must have completed ‘specified work’ for a minimum period of 3 months (88 calendar days) whilst you held your first working holiday maker program visa.
And to be eligible for a third year working holiday maker visa, you must undertake at least 6 months (179 calendar days) specified work, on or after 1 July 2019, whilst you held your second working holiday visa, or a bridging visa which is in effect, and which was granted when you applied for your second year working holiday maker visa.
What Changes Have Been Made To The Working Holiday Visa?
Several changes have been made in recent years in response to prevailing conditions, which are especially aimed at helping farmers to fill skill shortages in their industry. These changes to the working holiday program have generally been positive developments as they have opened these programs up to more potential applicants, thereby improving their attractiveness as an option for workers to Australia, and at the same time, assisting Australia’s farmers to maximise their economic returns.
Some examples of the types of changes that have been made to the working holiday visa program in the last few years include increasing annual caps on the number of subclass 462 visas issued; allowing visa holders to extend their time in Australia by completing agricultural work in new geographical areas around the country; extending the maximum period that a working holiday maker is permitted to work for the same agricultural employer; and increased age limits for visa applicants from certain countries.
Legislation amendments have also recently been introduced which are designed to protect working holiday maker visa holders from exploitation.
But probably the most significant change in recent years has been the addition of a third year working holiday maker visa for specified work performed from 1 July 2019, with the option of extra time in Australia making the working holiday maker visa an even more atrractive option to eligible applicants.
Changes Due To COVID-19 Pandemic
The most recent changes have been due to the COVID-19 pandemic and the effect of travel restrictions. Changes have also be introduced to help respond to workforce needs in Australia with certain industries experiencing labor shortages, as the economy emerges and recovers from the effects of the pandemic.
Here are some of the changes announced by the Government.
Working Holiday Maker Visa Changes Announced
Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, Alex Hawke issued a media release about changes to the working holiday visa program, to assist Australia’s recovery from the COVID-19 pandemic.
Work performed in the tourism and hospitality sectors in Northern, remote and very remote areas of Australia by working holiday visa holders can be counted as specified work, making them eligible for a second or third working holiday visa.
This option will be available to working holiday makers who lodge their applications from March 2022 and will take into account work performed in the tourism and hospitality sectors in these areas from 22 June 2021.
And as previously announced in October 2020, working holiday visa holders offshore who were unable to travel to Australia or had to leave early due to COVID-19 are able to apply for a replacement visa with a nil Visa Application Charge (VAC) from 1 July 2021.
Eligible current and former working holiday makers in Australia will also be able to apply for a replacement working holiday visa with nil VAC from March 2022. This provides another opportunity to meet the specified work requirements for a subsequent working holiday visa.
Former working holiday visa holders who have transitioned to another visa may also be eligible to apply for a nil VAC replacement working holiday visa.
Further, as announced on 8 May 2021, tourism and hospitality have been added to the list of COVID-19 critical sectors. This allows all working holiday makers employed in the tourism and hospitality sector to work for more than six months for one employer without requesting permission, providing greater flexibility to tourism and hospitality employers to meet their labour needs.
You can read more about this in Minister Hawke’s media release.
Changes To Visa Application Charges, Waivers And Refunds Due To COVID-19
The Government has announced the following changes to visa application charges, waivers and refunds for those affected by COVID-19, as part of its efforts to ensure that Australia remains an attractive destination for tourists and temporary visa holders who often fill critical skills shortages.
Working holiday maker program visa holders who have been unable to travel to Australia, or who have had to leave before their visa period has expired, will be eligible for a waiver when they decide to return to Australia. Those who cannot return due to exceeding the age limit will be eligible for a refund.
You can read more about this announcement in the media release by the Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, Alan Tudge.
Nil VAC Announced For Certain Working Holiday Visa Holders
A new Migration Instrument, which commenced on 1 July 2021, enables working holiday makers whose visas were affected by COVID-19 to apply for another working holiday visa with a nil VAC.
A working holiday visa is a ‘COVID-19 affected’ visa if the below criteria are met:
- the visa was in force during the travel restrictions resulting from the COVID-19 pandemic (granted before 20 March 2020 and ceased to be in effect on or after that day);
- the visa expired, or was cancelled at the request of the visa holder, by 31 December 2021, when the visa holder was offshore; or the visa, if still in effect, will expire by 31 December 2021; and
- the holder or former holder of the visa is offshore and applies for another working holiday visa, between 1 July 2021 and 31 December 2022.
A nil VAC will apply if the applicant’s last held visa is a COVID-19 affected visa (as defined above) and the applicant has not made any other nil VAC application for a working holiday visa that is not finalised, or was refused.
COVID-19 affected visas will be treated as if they had never existed.
The applicant will be treated as they were before the visa was granted. Therefore, an applicant who has held:
- one working holiday visa will be treated as if they never held a working holiday visa;
- two working holiday visas will be treated as if they held one working holiday visa;
- three working holiday visas will be treated as if they held two working holiday visas.
Under this instrument, an applicant who has held:
- one working holiday visa which is COVID affected – no specified work requirement applies to obtain a second working holiday visa;
- two working holiday visas, the second of which is COVID affected – a 3 month specified work requirement applies to obtain the second working holiday visa (already met for grant of the second working holiday visa);
- three working holiday visas, the third of which is COVID affected – a 6 month specified work requirement applies to obtain the third working holiday visa (already met for grant of the third working holiday visa).
VAC Refund For Subclass 417 Working Holiday Visa
For current and former working holiday subclass 417 visa holders who have been affected by the COVID-19 travel restrictions, the VAC will be refunded if all of the below circumstances apply:
- the visa was granted before 20 March 2020 and either the person did not enter Australia under the visa, or they departed Australia between 20 March 2020 and 31 December 2021 and did not re-enter Australia on that visa;
- the Subclass 417 visa ceased to be in effect between 20 March 2020 and 31 December 2021 while the person was outside of Australia;
- if the visa ceased to be in effect because it was cancelled, the cancellation only occurred because the relevant person requested the Minister to cancel the visa in accordance with the relevant provisions of the Migration Regulations, as prescribed (if the visa was cancelled on any other grounds, the circumstance will not apply and a refund of VAC will not be available);
- the person has not applied for another Subclass 417 visa;
- the person is unable to be granted another Subclass 417 visa because they do not satisfy the age requirements; and
- the refund is requested on or before 31 December 2022.
VAC Refund For Subclass 462 Work And Holiday Visa
The first instalment of the VAC is also refundable to current and former working holiday visa subclass 462 holders if all of the below circumstances apply:
The visa was granted before 20 March 2020 and either the person did not enter Australia under the visa, or they departed Australia between 20 March 2020 and 31 December 2021 and did not re-enter Australia on that visa;
The visa ceased to be in effect between 30 March 2020 and 31 December 2020 while the relevant person was outside of Australia;
If the visa ceased to be in effect because it was cancelled, the cancellation only occurred because the relevant person requested the Minister to cancel the visa in accordance with the relevant provisions of the Migration Regulations. If the Subclass 462 visa was cancelled on any other grounds, the circumstances will not apply and a refund of visa application charge will not be available;
The person has not applied for another Subclass 462 visa;
The person is unable to be granted another Subclass 462 visa because they do not satisfy the age requirements; and
The refund is requested on or before 31 December 2022.
Get More Information
To learn more about the working holiday visa program, including a detailed outline of the eligiblity requirements and more recent changes made to the program, please refer to the following articles:
Changes to Working Holiday Maker Visas Introduced from 1 July 2019
Changes to the Working Holiday Maker Visa 2019
Changes to Working Holiday Maker Visas Introduced from 1 July 2019
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Australia’s migration laws are complex, and each case is different. We recommend that you seek professional advice if you are interested in a working holiday maker visa, as being fully informed will give you the best chance of achieving a successful outcome on your case. A migration professional can help you to do this.
For up to date advice on the Subclass 417 and Subclass 462 visa and how to apply for a working holiday maker visa, book your confidential consultation with a migration agent in Adelaide. PAX Migration Australia is a leading immigration service providing advice on the working holiday visa program.
If you need advice on your eligibility for a working holiday maker program visa, contact us to speak with an expert immigration agent to guide you through the requirements and ensure you get that extra year (or two) in Australia!
