A Working Holiday Maker (WHM) visa is a popular option for younger people from selected countries to travel to Australia for an extended stay, enabling them to explore the country with the ability to work along the way to help fund their trip. WHM visa holders can also complete short-term study or training courses for up to 4 months, and travel to and from Australia on an unrestricted basis over the visa term. There are currently 44 countries that are part of the WHM visa program, including Canada. The program comprises of two visa subclasses, namely the Subclass 417 Working Holiday visa and the Subclass 462 Work and Holiday visa.
The main difference between these two WHM visa subclasses is that the subclass 462 visa is generally subject to caps on the number of visas granted in each program year. It is also subject to additional eligibility requirements.
Canadian nationals who hold a Canadian passport and who are aged up to 35 (inclusive) are eligible to apply for a Subclass 417 Working Holiday visa, subject to meeting the prescribed requirements. A Canadian work holiday visa may still be granted if the applicant applies when they are aged 35, but turn 36 by the time a decision is made by the Department of Home Affairs (the Department).
Interestingly, an age of limit of 30 (at time of application; and age 31 at time of grant) applies to citizens of all other eligible countries for the WHM visa (apart from French and Irish nationals). This increase in the age limit for Canadian applicants was announced in 2018 and has been welcome news to the thousands of Canadian working holiday makers that come to Australia each year to live and work in Australia. This change enables many more Canadians to make use of the working holiday visa and potentially springboard to permanent migration under skilled, family or student pathways.
Be aware that you cannot include family members in your application. This means that you may not be accompanied by dependent children while you are in Australia on this visa. Family members seeking to travel to Australia will need to separately apply for a visa (if eligible).
To qualify for a Canadian work holiday visa, you must also meet financial, health and character requirements.
So why is the working holiday for Canadian citzens in Australia a popular choice?
What Are The Main Benefits Of A Working Holiday Visa For Canadian Citizens
Potental to Extend Your Stay In Australia
A Canadian work holiday visa allows the holder to stay in Australia for up to 12 months from the date of entry (the visa holder must enter Australia within 12 months of visa grant). And the good news is that the visa term can be extended by an additional 12-24 months in Australia, by qualifying for a second and/or third year subclass 417 visa. Subject to meeting the prescribed requirements, eligible applicants can take advantage of an even longer stay in Australia, therefore potentially providing more opportunities to qualify for a further visa down the track, such as a skilled or partner visa (depending on the personal circumstances of the visa holder).
How so? Well, more time in Australia with minimal visa restrictions means that the visa holder can use the time they have in Australia as a working holiday visa holder to work on and prepare the necessary elements to meet the requirements to qualify for a further visa later down the track. So, for example, you could gain work experience in a skilled occupation to be eligible for a skilled visa, or live with your Australian partner to meet the minimum length of de facto relationship requirement to qualify for a partner visa. There are a myriad of pathways that each individual could take, depending on their own personal circumstances, needs and goals.
Lets now take a closer look at extending your stay in Australia on the working holiday visa for Canadian citizens.
Second Year Working Holiday Visa
One of the key requirements to qualify for a second working holiday visa is that you must complete a minimum 3 months (88 calendar days) of ‘specified subclass 417 work’ whilst you held your first working holiday visa.
Third Year Working Holiday Visa
To be eligible for a third year working holiday visa, you must complete a minimum of 6 months (179 calendar days) of specified work whilst you held your second subclass 417 visa (or a Bridging Visa which is in effect and which was granted when you applied for your second year working holiday visa), on or after 1 July 2019.
Many working holiday makers take the opportunity to complete the 3 and/or 6 months work requirement by performing what is known as wwoofing, which stands for “Willing Workers on Organic Farms”. This program provides food and board while holiday makers experience working on Australian farms.
To qualify for a second- or third-year working holiday visa, other requirements include continuing to hold an eligible passport, satisfying the age-based limit at time of application (the same as for the first year Working Holiday visa) and having complied with the conditions on your previous Working Holiday visa.
What Is ‘Specified Subclass 417 Work’?
Specified work is work that is performed in a specified industry and area of Australia.
To be considered as ‘specified subclass 417 work,’ it must be paid in accordance with relevant Australian legislation and awards.
Voluntary work can only be included as specified work to apply for a second or third Working Holiday visa where it is related to bushfire recovery work undertaken in declared bushfire-affected areas only.
What Are The Approved Industries And Areas For Specified Work?
- tourism and hospitality in northern, remote or very remote Australia only;
- plant and animal cultivation in regional Australia;
- fishing and pearling in regional Australia;
- tree farming and felling in regional Australia;
- mining in regional Australia;
- construction in regional Australia;
- bushfire recovery work in declared bushfire affected areas only, after 31 July 2019;
- critical COVID-19 work in the healthcare and medical sectors anywhere in Australia after 31 January 2020.
Specified work is any type of work as prescribed and it must be the primary role, function or activity performed during employment. Support work (e.g. book-keeping) in an eligible industry does not meet the definition of specified work.
Perform Any Kind Of Work
As a working holiday visa holder, you can do any kind of work in Australia. That is, you can work in any location, occupation or industry. But certain limitations do apply.
First, as discussed above, to qualify for a second or third year subclass 417 visa, you must complete ‘specified subclass 417 work’ in accordance with the prescribed requirements. But if you are not seeking to extend your stay in Australia on the subclass 417 visa, you are free to choose whatever employer or type of work you wish to undertake in Australia (if at all, there is no requirement to do so).
Secondly, on each working holiday visa that you hold, you cannot be employed by any one employer for more than 6 months without the prior permission in writing of the Secretary.
You can work for the same employer in Australia for more than 6 months without requesting permission if the work is:
- in different locations and work in any one location does not exceed 6 months;
- in plant and animal cultivation anywhere in Australia;
- in certain industries in northern Australia only;
- assisting bushfire recovery efforts (from 17 February 2020);
- in critical sectors during the COVID-19 pandemic including agriculture, food processing, health, aged and disability care and childcare (from 4 April 2020);
- in the critical sector of tourism and hospitality anywhere in Australia (from 8 May 2021).
If you would like to work for longer than six months with one employer in any other circumstance, you must first request permission from the Department.
Proper Documentation Is Key
When applying for a working holiday for Canadian citizens sa in Australia, it is often a source of difficulty for applicants to show adequate evidence of having worked for 3 and/or months in a regional area. The requirements have increased dramatically in the last few years, as the government realised massive fraud was occurring in the second working holiday visa cohort. Many people fabricated their work experience in order to meet the 3 month requirement, and farmers were often complicit in the process. Additionally, the government found that farmers often did not pay suitable wages and so decided that they would no longer accept evidence if the pay rate was under the legal limit. Therefore, it is imperative as a working holiday visa holder completing regional work, that you ensure your pay is at least the minimum required under employment law. If your pay is too low, or the documentation provided by your employer/s is insufficient, then your second and/or third year working holiday visa will be refused. And as this can be difficult to overcome on appeal, it is very important to get it right the first time, that is, when applying for the second or third year sublass 417 visa, rather than risking a refusal and then trying to salvage the application.
What Other Requirements Must Be Satisfied To Qualify For A Subclass 417 Visa?
To obtain a working holiday visa, other than being under the age limit, the applicant must be a genuine visitor, have enough starting money to support themselves (around $5,000), have additional savings to afford a return ticket if not already booked, have adequate health insurance or be covered by a reciprocal country health arrangement, be of good character, and have a good immigration history.
The main requirements to qualify for a second year working holiday visa include:
- Hold an eligible passport for the subclass 417 visa (that is, a valid Canadian passport);
- Have an intention to remain in Australia as a genuine visitor, with your primary purpose being to have a holiday in Australia;
- Be aged between 18 and 35 years (inclusive) at time of application;
- Not be accompanied by dependent children during your stay in Australia;
- Either currently hold, or have held, a substantive visa during the 28 days before lodging your application if you are applying in Australia (a substantive visa is any visa excluding a bridging visa, criminal justice or enforcement visa);
- Demonstrate that you have sufficient funds for your personal expenses for the first 3 months of your stay in Australia (minimum of $5,000) and for your departure fare from Australia (if you are applying from onshore, this requirement will be considered to have been satisfied unless the evidence suggests that you are destitute, meaning that you cannot support yourself with reasonable living expenses exceeding your ability to pay for them);
- Have completed paid specified work in a designated area in regional Australia for at least 3 months full-time equivalent (88 calendar days) whilst you held your first year subclass 417 visa (on a full-time, part-time or casual basis).
- The work must not have been carried out for an ‘excluded’ employer;
- Must not have previously been in Australia as the holder of a Subclass 462 Work and Holiday visa;
- Have not held more than two subclass 417 visas in Australia;
- Have a reasonable prospect of securing employment in Australia;
- Have an intention to comply with the conditions of a second year Working Holiday maker visa, if granted;
- Have a good immigration record (including compliance with any visa held by the applicant, so for example, mandatory conditions applicable to a first year working holiday visa are not to have been employed for more than 6 months with any one employer, unless you have received prior approval from the Department, and not to engage in training or study for more than 4 months); and
- Meet health and character criteria.
The main requirements to qualify for a third year working holiday visa include:
- Hold an eligible passport for the subclass 417 visa (that is, a valid Canadian passport);
- Have an intention to remain in Australia as a genuine visitor, with your primary purpose being to have a holiday in Australia;
- Be aged between 18 and 35 years (inclusive) at time of application;
- Not be accompanied by dependent children during your stay in Australia;
- Either currently hold, or have held, a substantive visa during the 28 days before lodging your application if you are applying in Australia (a substantive visa is any visa excluding a bridging visa, criminal justice or enforcement visa);
- Demonstrate that you have sufficient funds for your personal expenses for the first 3 months of your stay in Australia (minimum of $5,000) and for your departure fare from Australia (if you are applying from onshore, this requirement will be considered to have been satisfied unless the evidence suggests that you are destitute, meaning that you cannot support yourself with reasonable living expenses exceeding your ability to pay for them);
- Have completed paid specified work in a designated area in regional Australia for at least 6 months full-time equivalent (179 calendar days) whilst you held your second year subclass 417 visa (on a full-time, part-time or casual basis), or while you held a bridging visa that was in effect and was granted on the basis of the application for the second Subclass 417 visa (made at a time when when you held the first Subclass 417 visa. The specified work must have been carried out on or after 1 July 2019. The work must not have been carried out for an ‘excluded’ employer;
Must not have previously been in Australia as the holder of a Subclass 462 Work and Holiday visa; - Have not held more than two subclass 417 visas in Australia;
- Have a reasonable prospect of securing employment in Australia;
- Have an intention to comply with the conditions of a second year Working Holiday maker visa, if granted;
- Have a good immigration record (including compliance with any visa held by the applicant); and
- Meet health and character criteria.
What About Studying As A Working Holiday Visa Holder?
As noted earlier in this article, a working holiday visa permits you to undertake study or training for up to four months. Note that this applies to each WHV that you hold (that is, up to four months study in the first year, and an additional four months respectively during the term of your second and third year working holiday visas).
Although study is permitted on a working holiday visa, it must be incidental to the principal purpose (being to spend a holiday in Australia) and not your primary intention in seeking to visit Australia. If your primary purpose is to engage in study in Australia, a Subclass 500 Student Visa would be a more appropriate option for you to consider applying for. Please see our article on the Student Visa to learn more about this.
How Can You Apply For A Canadian Work Holiday Visa?
You can apply for Canadian working holiday visa by lodging your application online through ImmiAccount. Make sure you attach all required supporting documents to your application at time of lodgement when you apply for Canadian working holiday visa.
The Visa Application Charge (VAC) is $495, which is payable at time of application. You must be outside Australia if you are applying for your first year Working Holiday visa (you must also be offshore at time of visa grant).
To apply for your second or third year working holiday visa, you can be onshore or outside Australia (subject to meeting prescribed requirements). If you apply in Australia, you must be onshore when a decision is made on your application. If you apply outside Australia, you must be offshore at time of decision.
Changes To Working Holiday Visa Due To COVID-19
Nil VAC Announced For Certain WHM 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 WHM visa with a nil VAC.
A WHM visa is a ‘COVID-19 affected’ visa if the following requirements 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 WHM 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 WHM 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 WHM visa will be treated as if they never held a WHM visa;
- two WHM visas will be treated as if they held one WHM visa;
- three WHM visas will be treated as if they held two WHM visas.
Under this instrument, an applicant who has held:
- one WHM visa which is COVID affected – no specified work requirement applies to obtain a second WHM visa;
- two WHM visas, the second of which is COVID affected – a 3 month specified work requirement applies to obtain the second WHM visa (already met for grant of the second WHM visa);
- three WHM visas, the third of which is COVID affected – a 6 month specified work requirement applies to obtain the third WHM visa (already met for grant of the third WHM visa).
VAC Refund For Subclass 417 Working Holiday Visa
For current and former Subclass 417 Working Holiday visa holders who have been affected by the COVID-19 travel restrictions, the VAC will be refunded if all of the following 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.
Legislative Amendments To Protect Working Holiday Maker Visa Holders From Exploitation
Migration Amendment (Subclass 417 and 462 Visas) Regulations 2021, which came into effect on 28 July 2021, excludes work for specified businesses from counting towards a Subclass 417 Working Holiday visa or a Subclass 462 Work and Holiday visa holder’s eligibility for a second or third year Working Holiday Maker (WHM) visa.
This exclusion will only apply to work undertaken after the business is prescribed by the Minister in a legislative instrument.
To facilitate this process, the Department will implement enhanced communication channels to enable visa holders to easily check the status of their employer and whether they are prescribed as an excluded employer.
In assessing whether an employer is to be deemed as excluded for this purpose, the Minister would consider factors such as any relevant convictions, particularly those that relate to the safety and welfare of employees.
The Minister would consider the full circumstances of every case, including by providing a right of reply, before listing a business as being excluded.
This legislative amendment reinforces the Government’s stance that any exploitation of migrant workers is unacceptable and will not be tolerated.
It also complements the recently released Exposure Draft of the Migration Amendment (Protecting Migrant Workers) Bill 2021, which includes five key proposals aimed at deterring unscrupulous employers, informing potential migrant workers, providing increased visibility of employers using the migrant workforce and equipping the Australian Border Force (ABF) to meet compliance expectations.
You can access the Migration Amendment (Subclass 417 and 462 Visas) Regulations 2021 – Legislative Instrument and Explanatory Statement for further details.
Applicants For Second And Third Year Subclass 417 Visas Who Carried Out Specified Subclass 417 Work Under COVID-19 Pandemic Event Visas
Former working holiday visa holders can count critical COVID-19 work in the healthcare and medical sectors undertaken on a Subclass 408 COVID-19 Pandemic Event visa towards eligibility for a second or third WHM visa, for applications lodged on or after 14 November 2020.
If you:
- transitioned in Australia from a working holiday visa directly to a subclass 408 COVID-19 Pandemic event visa (or an unbroken series of subclass 408 COVID-19 Pandemic event visas); and
- carried out some critical COVID-19 work in the healthcare and medical sectors while holding one of these subclass 408 COVID-19 Pandemic event visas
- then you can count:
- that work; and
- any other specified work you carried out while holding a subclass 408 COVID-19 Pandemic event visa towards eligibility for a second or third WHM visa, whether you apply in or outside Australia.
This also applies to previous bridging visas if you held, or applied for, a subclass 408 COVID-19 Pandemic event visa.
You cannot include the following work for this purpose:
- work undertaken while you held a subclass 408 COVID-19 Pandemic event visa if you did not carry out any critical COVID-19 work in the healthcare and medical sectors;
- work undertaken while you held any other kind of visa (e.g. a Student visa);
- work undertaken while you held a subclass 408 visa that was not in the ‘AGEE COVID-19 Pandemic event’ stream;
- work undertaken while you held a bridging visa other than in the circumstances described above;
- for third WHM visa applications, work undertaken while you held your first WHM visa; and
- for third WHM visa applications, work undertaken before 1 July 2019.
Get More Information
To learn more about the working holiday visa for Canadian citizens, please refer to our articles on the Canada Visa For Australia and Changes to the Working Holiday Maker Visa 2019.
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Contact us to book a no-obligation consultation to find out more about the working holiday for Canadian citizens visa and how you can qualify.
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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 Canadian work holiday 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 working holiday visa for Canadian citizens and how to apply for Canadian working holiday visa, book your confidential consultation with a migration agent in Adelaide. PAX Migration Australia is a leading immigration service providing advice on the Canadian work holiday visa.
If you need advice on your eligibility for a Canadian work holiday 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!
Sources/Links
Australian Government – Fair Work Ombudsman
