Subclass 417 And 462 Working Holiday Visa Changes

A working holiday visa can be a great option for younger travellers from around the world to travel to Australia for an extended period. It is currently available to citizens of 44 countries with which Australia has partnered as it seeks to foster people-to-people links with other nations and regions, particularly emphasising the younger adult cohort. It is also commonly referred to as the ‘backpacker’ visa, enabling younger people to explore and experience a new country before they embark on the next stage of their lives.

And citizens of even more countries could be eligible for a working holiday visa in future, as the Government continues its efforts to add more countries to the program on an ongoing basis, with negotiations currently underway.

Also be aware that a number of changes have been made to the working holiday visa in recent years, as the Government responds to changing conditions and priorities in the Australian economy and the community.

In this article, we explore the working holiday visa class in more detail, including the options that are available, key features and eligibility requirements to qualify.

We also take a closer look at some of the changes introduced recently to the working holiday visa program.

But let us start off by introducing the working holiday visa and the two subclasses available.

What Working Holiday Visa Options Are Available?

There are two types of working holiday visas 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 visa subclass you may be eligible for.

The main difference between these two working holiday visa subclasses is that the subclass 462 visa is generally subject to caps on the number of visas granted in each migration program year. It is also subject to additional eligibility requirements.

What Are The Key Features Of A Working Holiday Visa?

As a working holiday visa holder, you can spend an initial period of 12 months in Australia (from your date of entry), with the option to apply for a second and third year working holiday visa thereafter, subject to meeting the prescribed requirements. This can mean an overall stay period in Australia of three years as a working holiday visa holder. This extended residence in Australia can be beneficial to applicants who are considering applying for a visa further down the track, such as a partner or skilled visa. You can use the time you have in Australia as a working holiday visa holder (and with fairly flexible conditions) to become eligible for another visa. For example, you could use the time to gain skilled work experience to qualify for a skilled visa, or the time spent living with your Australian de facto partner may enable you to qualify for a partner visa. There are a myriad of ways in which the time you have in Australia as a working holiday visa holder can be useful to help you to achieve your longer-term migration goals subsequent to a working holiday visa. Consider it a type of ‘springboard,’ helping you to transition from one step on your migration journey in Australia to the next.

But it is important to keep in mind that one eligibility requirement that you need to satisfy in order to qualify for a working holiday visa is that you must have an intention to remain in Australia as a genuine visitor, with your primary purpose being to have a holiday in Australia. According to Immigration policy, a ‘genuine visitor’ is considered to mean a person who intends to abide by the conditions of their working holiday visa, including the work limitation, and who will leave Australia once they are no longer able to remain lawfully. Further, a person who intends to apply to extend their stay in Australia after their working holiday (for example, by applying for a skilled or partner visa) may still be considered to be a genuine visitor for the purpose of a working holiday visa application. Note that although policy is not binding on the Department of Home Affairs (the Department), it nevertheless provides a good indication of how the Department is likely to interpret the migration provisions during processing of a visa application.

Ofcourse this is not everyone’s goal; some working holiday visa holders simply wish to spend time in Australia with a flexibile visa and largely on an unrestricted basis, to explore this unique nation before they return to their home country, or travel on to new destinations. However some may like Australia so much that they might consider and explore what options may be available thereafter.

A working holiday visa is a flexible option as it allows you to travel across Australia on an unrestricted basis, so you can explore the various States and Territories that make up this vast and unique country as you wish. It also permits you to perform any kind of work, although you can only work for any one employer for a maximum period of six months in most cases (there are exceptions). You can also engage in study and training for up to 4 months (17 weeks) on each working holiday visa that you hold. And, as it is a multiple entry visa, this means that you can travel to and from Australia on an unrestricted basis over the visa term. Be mindful that time spent outside Australia as the holder of a working holiday visa does not extend the visa period.

Also note that you cannot include family members in your application, which means that you may not be accompanied by dependent children whilst you are in Australia on this visa. Family members who seek to travel to Australia must separately apply for a visa (if eligible).

Now, lets explore the main requirement to qualify for a second or third year working holiday visa, that being to have completed ‘specified subclass 417 work’ or ‘specified subclass 462 work,’ depending on the visa subclass that you are applying for.

Specified Work For The Working Holiday Visa

What Does Specified Work Mean?

Specified work is work that is performed in a ‘specified’ industry and in a ‘specified area’ of Australia.

The ‘specified work’ must have been completed for a prescribed minimum period in certain circumstances. The specified work must be paid in line with Australian laws and workplace awards.

And to be eligible for a third year working holiday visa, you must complete a minimum of 6 months (179 calendar days) of 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 visa.

What Are The Approved Industries And Areas For ‘Specified Subclass 417 Work’?

Now that we have examined the ‘specified’ work requirement, lets take a look at the other key criteria to be satisifed to qualify for a working holiday visa.

First Year Subclass 417 Working Holiday Visa

To qualify for a first year working holiday subclass 417 visa, 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. 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;
• not have previously entered Australia on either a subclass 417 or 462 visa;
• not be accompanied by dependent children during your stay in Australia;
• 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.

To apply for your first working holiday subclass 417 visa, you must lodge an online application from outside Australia. You must be offshore for the visa to be granted.

The Visa Application Charge (VAC) is $495. Note the lodgement fee may be nil in specified circumstances due to COVID-19 (this is discussed later in this article).

You must enter Australia within 12 months of the visa grant date. The subclass 417 visa becomes active on the date you enter Australia. Once you have entered and the visa is activated, you can stay in Australia for up to 12 months, and leave and re-enter Australia on an unlimited basis during the 12 month visa period.

Second Year Subclass 417 Working Holiday Visa

The main requirements to qualify for a second year working holiday subclass 417 visa include:

• hold an eligible passport for the subclass 417 visa;
• 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;
• not be accompanied by dependent children during your stay in Australia;
• have an intention to remain in Australia as a genuine visitor, with your primary purpose being to have a holiday 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);
• hold, or previously have held one subclass 417 visa, and you must have entered Australia on that 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 be in Australia, or have previously been in Australia as the holder of a subclass 417 visa;
• 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 visa, if granted;
• have a good immigration record, including not having had a visa cancelled or a previous application refused, and having complied with the conditions of a previous visa (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.

To apply for your second subclass 417 visa, you must apply online either onshore or from outside Australia.

If you apply in Australia, you must onshore when the application is decided.

If you apply outside Australia, you must be offshore at time of decision.

The VAC is $495 payable at time of application.

If you are offshore, you must enter Australia within 12 months of the visa grant date. The subclass 417 visa becomes active on the date you enter Australia. Once you have entered and the visa is activated, you can stay in Australia for up to 12 months, and leave and re-enter Australia on an unlimited basis during the 12 month visa period.

If you are onshore and you hold your first subclass 417 visa, or a bridging visa that was granted after your first subclass 417 visa expired, you can remain in Australia for up to 12 months from the date your first subclass 417 visa expired, or would have expired.

If you are onshore on a different visa, you can stay in Australia for 12 months from the date the visa is granted.

Third Year Subclass 417 Working Holiday Visa

The main requirements to qualify for a third year working holiday subclass 417 visa include:

• hold an eligible passport for the subclass 417 visa;
• 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;
• not be accompanied by dependent children during your stay in Australia;
• have an intention to remain in Australia as a genuine visitor, with your primary purpose being to have a holiday 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);
• hold or previously have held a second year subclass 417 or a bridging visa that came into effect when your second subclass 417 visa expired;
• 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 be in Australia, or have previously been in Australia as the holder of a subclass 417 visa;
• 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 third year Working Holiday visa, if granted;
• have a good immigration record, including not having had a visa cancelled or a previous application refused, and having complied with the conditions of a previous visa (for example, mandatory conditions applicable to a second 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
• have a good immigration record (including compliance with any visa held by the applicant); and
• meet health and character criteria.

To apply for your third subclass 417 visa, you must apply online either onshore or from outside Australia.

If you apply in Australia, you must onshore when the application is decided.

If you apply outside Australia, you must be offshore at time of decision.

The VAC is $495 payable at time of application.

If you are offshore, you must enter Australia within 12 months of the visa grant date. The subclass 417 visa becomes active on the date you enter Australia. Once you have entered and the visa is activated, you can stay in Australia for up to 12 months, and leave and re-enter Australia on an unlimited basis during the 12 month visa period.

If you are onshore and you hold your second subclass 417 visa, or a bridging visa that was granted after your second subclass 417 visa expired, you can remain in Australia for up to 12 months from the date your second subclass 417 visa expired, or would have expired.

If you are onshore on a different visa, you can stay in Australia for 12 months from the date the visa is granted.

First Year Subclass 462 Work And Holiday Visa

To qualify for a first year working holiday visa subclass 462, 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;
• you must have not previously entered Australia on either a subclass 417 or 462 visa;
• not be accompanied by dependent children during your stay in Australia;
• 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 apply for your first subclass 462 visa, you must lodge an online application from outside Australia. You must be offshore for the visa to be granted.

The Visa Application Charge (VAC) is $495.

You must enter Australia within 12 months of the visa grant date. The subclass 462 visa becomes active on the date you enter Australia. Once you have entered and the visa is activated, you can stay in Australia for up to 12 months, and leave and re-enter Australia on an unlimited basis during the 12 month visa period.

Second Year Subclass 462 Work And Holiday Visa

The main requirements to qualify for a second year working holiday visa subclass 462 include:

• hold an eligible passport for the subclass 462 visa;
• 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;
• not be accompanied by dependent children during your stay in Australia;
• have an intention to remain in Australia as a genuine visitor, with your primary purpose being to have a holiday 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);
• hold, or previously have held one subclass 462 visa, and you must have entered Australia on that 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 462 visa (on a full-time, part-time or casual basis).
• the work must not have been carried out for an ‘excluded’ employer;
• must be in Australia, or have previously been in Australia as the holder of a subclass 462 visa;
• must not have previously been in Australia as the holder of a Subclass 417 visa;
• have not held more than two subclass 462 visas in Australia;
• have a reasonable prospect of securing employment in Australia;
• have an intention to comply with the conditions of a second year subclass 462 visa, if granted;
• have a good immigration record, including not having had a visa cancelled or a previous application refused, and having complied with the conditions of a previous visa (for example, mandatory conditions applicable to a first year work and 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.

To apply for your second working holiday visa subclass 462, you must apply online either onshore or from outside Australia.

If you apply in Australia, you must onshore when the application is decided.

If you apply outside Australia, you must be offshore at time of decision.

The VAC is $495 payable at time of application.

If you are offshore, you must enter Australia within 12 months of the visa grant date. The subclass 417 visa becomes active on the date you enter Australia. Once you have entered and the visa is activated, you can stay in Australia for up to 12 months, and leave and re-enter Australia on an unlimited basis during the 12 month visa period.

If you are onshore and you hold your first subclass 462 visa, or a bridging visa that was granted after your first subclass 462 visa expired, you can remain in Australia for up to 12 months from the date your first subclass 462 visa expired, or would have expired.

If you are onshore on a different visa, you can stay in Australia for 12 months from the date the visa is granted.

Third Year Subclass 462 Working Holiday Visa

The main requirements to qualify for a third year working holiday visa subclass 462 include:

• hold an eligible passport for the subclass 462 visa;
• 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;
• not be accompanied by dependent children during your stay in Australia;
• have an intention to remain in Australia as a genuine visitor, with your primary purpose being to have a holiday 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);
• hold or previously have held a second year subclass 462 or a bridging visa that came into effect when your second subclass 462 visa expired;
• 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 462 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 462 visa (made at a time when when you held the first Subclass 462 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 be in Australia, or have previously been in Australia as the holder of a subclass 462 visa;
• must not have previously been in Australia as the holder of a Subclass 417 visa;
• have not held more than two subclass 462 visas in Australia;
• have a reasonable prospect of securing employment in Australia;
• have an intention to comply with the conditions of a third year Working Holiday visa, if granted;
• have a good immigration record, including not having had a visa cancelled or a previous application refused, and having complied with the conditions of a previous visa (for example, mandatory conditions applicable to a third year work and 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
• have a good immigration record (including compliance with any visa held by the applicant); and
• meet health and character criteria.

To apply for your third subclass 462 visa, you must apply online either onshore or from outside Australia.

If you apply in Australia, you must onshore when the application is decided.

If you apply outside Australia, you must be offshore at time of decision.

The VAC is $495 payable at time of application.

If you are offshore, you must enter Australia within 12 months of the visa grant date. The subclass 462 visa becomes active on the date you enter Australia. Once you have entered and the visa is activated, you can stay in Australia for up to 12 months, and leave and re-enter Australia on an unlimited basis during the 12 month visa period.

If you are onshore and you hold your second subclass 462 visa, or a bridging visa that was granted after your second subclass 462 visa expired, you can remain in Australia for up to 12 months from the date your second subclass 462 visa expired, or would have expired.

If you are onshore on a different visa, you can stay in Australia for 12 months from the date the visa is granted.

Changes To The Working Holiday Visa

Periodic changes are made to the eligibility requirements for the working holiday visa from time to time. Recent changes have included the addition of new countries to the program, most recently Greek and Ecuadorian citizens are eligible to apply for a subclass 462 visa as of 1 July 2019.

In other changes introduced, the following countries have been added to the list of countries for which government support is no longer required for the grant of a subclass 462 visa:

• Austria
• Portugal
• Spain
• Czech Republic
• Ecuador
• Greece
• Hungary
• Slovak Republic
• Vietnam

French citizens are also now eligible to apply for a subclass 417 visa up to a maximum age of 35 years. Apart from Canadian and Irish citizens, who are also subject to this higher age limit, all other subclass 417 applicants can apply up to age 30.

But probably the most significant change that has been made to the working holiday visa program in recent years has been the increase to the maximum number of subclass 417 and 462 visas which may be held to three. To qualify, eligible applicants must complete 6 months of specified work in regional area Australia on or after 1 July 2019.

Changes Due To COVID-19 Pandemic Related Travel Restrictions

The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, Alex Hawke has issued a media release regarding changes to the working holiday visa program, to assist Australia’s recovery from the COVID-19 pandemic.

Working holiday visa holders working in the tourism and hospitality sectors in Northern, remote and very remote areas of Australia will be able to count this 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 undertaken 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 depart early because of COVID-19 will be 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 longer than six months for one employer without requesting permission, providing greater flexibility to tourism and hospitality employers to meet their workforce 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 Announced

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, the Government has announced the following changes to visa application charges, waivers and refunds for those affected by COVID-19:

Working holiday visa holders who have been unable to enter Australia, or who have had to depart 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 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 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 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.

VAC Refund For Subclass 462 Working 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 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 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.

Other Changes

Legislative Amendments To Protect Working Holiday 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 working holiday subclass 417 visa or a working holiday visa subclass 462 holder’s eligibility for a second or third year working holiday 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 Working Holiday Visas Who Carried Out Specified Subclass 417 or 462 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 working holiday 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 working holiday 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 working holiday visa applications, work undertaken while you held your first working holiday visa; and
• for third working holiday visa applications, work undertaken before 1 July 2019.

A Final Thought From PAX Migration Australia

As you can see from the discussion above, the rules around working holiday visas and, in particular, those relating to specifed work are very prescriptive and detailed. You need to have a good undertstanding of how these provisions apply to ensure that you lodge a correct application for a working holiday visa, especially for your second or third year working holiday visa. The regulations also often change in response to prevailing conditions in the community and the economy (for example, a number of changes have been introduced as a result of the COVID-19 pandemic).

It is therefore vital that you keep up to date with the latest developments as they relate to the working holiday visa and importantly, that you apply them correctly to your personal circumstances. It may seem simple, for instance, to calculate the number of days that you need to complete specified work to qualify for a second or third year working holiday visa but, the reality is, the calculation can get complicated. How do you work out the correct hours, shifts, days and continuous versus broken periods of service, etc. Many factors come into the calculation and it it therefore recommended that you seek professional advice from a migration expert to guide and assist you through this journey. Not being fully informationed risks the possibility of lodging an incomplete and/or incorrect application and a consequential visa refusal. Therefore, ensure that you arm yourself with the right and most current information to give yourself the best chance of a sucessful outcome on your working holiday visa application.

Get More Information

To learn more about the working holiday visa, please refer to the following articles:

Major Working Holiday Visa Changes

Changes to the Working Holiday Maker Visa 2019

Changes to Working Holiday Maker Visas Introduced from 1 July 2019

Subscribe to our newsletter for regular updates and additional information.

Contact us to book a no-obligation consultation to find out more about the working holiday visa and how you can qualify.

* * * * * * * * * * * *

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 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 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. 

If you need advice on your eligibility for a working 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 Chamber of Commerce and Industry – News – Archive – Increased age eligibility for Canadian Working Holiday Makers welcomed – 06 Sep 2018

Australian Government – Department of Home Affairs – Form 1445 – Request permission to work with an employer beyond 6 months on a Working Holiday or Work and Holiday visa

Australian Government – The Hon Alex Hawke MP – Minister for Immigration, Citizenship, Migrant Services and Multicultural Aff​airs – Tuesday, 22 June 2021 – Media release – Working Holiday Maker Visa maker visa changes helping COVID-19 recovery

Australian Government – The Hon Alan Tudge MP – Former Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs – Monday, 12 October 2020 – Media release – Supporting tourism and agriculture through Visa Application Charge changes

Australian Government – Federal Register of Legislation – Legislative Instruments – In force – As made – Migration Amendment (Subclass 417 and 462 Visas) Regulations 2021 – F2021L01030

Australian Government – Department of Home Affairs – Immigration and citizenship – Visas – Getting a visa – List of all visas – (Subclass 417) Working Holiday Visa

Australian Government – Department of Home Affairs – Immigration and citizenship – Visas – Getting a visa – List of all visas – Subclass 462 Work And Holiday Visa

Australian Government – Department of Home Affairs – Immigration and citizenship – Visas – Getting a visa – List of all visas – Working Holiday visa (subclass 417) – Working Holiday Maker (WHM) program – Specified work and conditions – ​​​​​​​​​​Specified subclass 417 work

Australian Government – Department of Home Affairs – Immigration and citizenship – Visas – Getting a visa – List of all visas – Working Holiday visa (subclass 417) – Working Holiday Maker (WHM) program – Specified work and conditions – ​​​​​​​​​​​​​​​​6 month work limitation

Australian Government – Department of Home Affairs – Research and statistics – Statistics – Visa statistics – Visit – Working Holiday Maker visa program report 

Australian Government – Department of Home Affairs – BR0110 – Working Holiday Maker visa program report – 31 December 2020

Australian Government – Department of Home Affairs – Immigration and citizenship – Visas – Getting a visa – List of all visas – Work and Holiday visa (subclass 462) – Working Holiday Maker (WHM) program – Specified work and conditions – ​​​​​​​​​​​​​Specified subclass 462 work