The Australian Government announced major working holiday visa changes, which commenced from 1 July 2019. These changes affected the Subclass 417 Working Holiday visa and Subclass 462 Work and Holiday visa subclasses.
Under these changes, the maximum number of subclass 417 and 462 visas which may be held was increased to three (under the former legislative provisions, only a 1st and 2nd year Working Holiday Maker Visa could be held by one person).
To qualify for a 3rd year Working Holiday Maker Visa, you must meet prescribed work requirements whilst you hold a 2nd year Working Holiday Maker Visa in Australia. This ‘specified subclass 417 work’ or ‘specified subclass 462 work’ must be carried out on or after 1 July 2019.
You should also aware of how these working holiday visa changes apply if you hold a Bridging visa after a working holiday visa.
That is, you may qualify for a 3rd year Working Holiday Maker Visa if you meet the specified work requirements, whilst you hold a Bridging Visa that was in effect and was granted on the basis that you applied for a 2nd year Working Holiday Maker Visa. This specified work must be carried out on or after 1 July 2019.
In addition to these significant working holiday visa changes as outlined above, other important changes has also recently been enacted in response to the COVID-19 pandemic. These are temporary but nevertheless, they represent significant concessions to the way in which the Working Holiday Maker Visa provisions normally apply.
Let us now take a closer look at these working holiday visa changes, including subclass 417 visa changes and how they apply if you hold a bridging visa after working holiday visa.
What Are The Working Holiday Maker Visa Changes?
You may be eligible for a third year Working Holiday Maker Visa
Under the former provisions, to qualify for a 2nd year Working Holiday Maker Visa, you must have completed 3 months of specified work in regional Australia.
Following the working holiday visa changes, which include subclass 417 visa changes, you may qualify for a 3rd year Working Holiday Maker Visa, provided that you have completed an additional six months of specified work in regional Australia whilst you hold a 2nd year Working Holiday Maker Visa.
What happens if you hold a bridging visa after a working holiday visa?
If you hold a Bridging Visa which is in effect and which was granted when you applied for a 2nd year Working Holiday Maker Visa, any specified work completed during this period also counts towards your 6-month work requirement in order to qualify for a third year Working Holiday Maker Visa.
What Is Meant By ‘Specified Work’
‘Specified work’ for this purpose is an important term to understand as it determines the type of work, and area of Australia where the work must be undertaken, in order to qualify for either your 2nd or 3rd year Working Holiday Maker Visa.
So, with this in mind, what exactly is meant by ‘specified work’?
Specified work is work that is undertaken in a ‘specified’ industry and area of Australia. All ‘specified subclass 417 work’ and ‘specified subclass 462 work’ must be paid according to 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.
Specified work must be the primary role, function or activity performed during your employment. Supporting work (e.g. bookkeeping) does not qualify as ‘specified work’ for this purpose.
Specfied Subclass 417 Work
The following industries are approved as ‘specified subclass 417 work.’
Fishing and pearling work, plant and animal cultivation work, tree farming and felling work, construction work and mining work
Note the work must be carried out in regional Australia to meet the definition of specified work.
Fishing and pearling:
(a) conducting operations relating directly to taking or catching fish and other aquatic species;
(b) conducting operations relating directly to taking or culturing pearls or pearl shell.
Plant and animal cultivation:
(a) harvesting and/or packing of fruit and vegetable crops;
(b) pruning or trimming vines and trees directly associated with the cultivation and commercial sale of plant produce;
(c) general maintenance crop work;
(d) cultivating or propagating plants, fungi or their products or parts;
(e) immediate processing of plant products;
(f) maintaining animals for the purposes of selling them or their bodily produce, including natural increase;
(g) immediate processing of animal products including shearing, butchery, packing and tanning, but not including secondary processing;
(h) manufacturing dairy produce from raw material
Tree farming and felling:
(a) planting or tending trees in a plantation or forest that are intended to be felled;
(b) felling trees in a plantation or forest;
(c) transporting trees or parts of trees that were felled in a plantation or forest to the place where they are first to be milled or processed, or any other place from which they are to be transported to the place where they are to be milled or processed
Construction:
(a) building construction;
(b) heavy and civil engineering construction;
(c) land development and site preparation services;
(d) building structure services;
(e) building installation services;
(f) building completion services
Mining:
(a) coal mining;
(b) oil and gas extraction;
(c) metal ore mining;
(d) construction material mining;
(e) other non-metallic mineral mining and quarrying;
(f) exploration;
(g) mining support services
Tourism and hospitality work
Note the work must be carried out in Northern Australia or Remote and Very Remote Australia from 22 June 2021 to be classied as specified work.
(a) accommodation, including:
(i) hotels, motels, bed and breakfasts, and backpacker hostels;
(ii) caravan parks and camping grounds;
(iii) commercial housekeeping services;
(iv) boarding houses, guest houses and reception centres;
(b) food and beverage, including:
(i) cafes and restaurants;
(ii) takeaway food services;
(iii) catering services;
(iv) pubs, taverns and bars;
(v) hospitality clubs;
(c) services provided directly to tourists, including:
(i) tourist guides and operators;
(ii) outdoor adventure or activity instructors;
(iii) tourist transport service workers;
(iv) gallery or museum workers, curators or guides;
(v) travel agency and tourist information workers;
(vi) event and entertainment venue workers.
Bushfire recovery work
Bushfire recovery work is specified if carried out in bushfire affected area 31 July 2019, including:
(a) volunteer work;
(b) construction, farming, or any other work in association with recovery or restitution of land, property, farm animals or wildlife;
(c) providing support services or assistance to people living, working or volunteering in the affected areas.
Critical COVID-19 work in the healthcare and medical sectors
Critical COVID-19 work in the healthcare and medical sectors is specified if carried out in each area of Australia from 1 February 2020, including:
(a) medical treatment, nursing, contact tracing, testing and research;
(b) support services such as cleaning of medical and health care facilities and equipment.
Specified Subclass 462 Work
The above industries that are approved as ‘specified subclass 417 work’ also meet the definition of ‘specified subclass 462 work,’ but with the following differences:
Plant and animal cultivation work, and construction work must be carried out in Northern Australia and Regional Australia for the purposes of meeting the definition of ‘specified subclass 462 work.’
Fishing and pearling work, and tree farming and felling work must be carried out in Northern Australia only to qualify as ‘specified subclass 462 work.’
Whereas in the case of ‘specified subclass 417 work,’ fishing and pearling work, plant and animal cultivation work, tree farming and felling work, construction work and mining work must all be carried out in Regional Australia to qualify.
In addition, mining work qualifies as ‘specified subclass 417 work’ only.
What Are The Specified Work Areas?
Specfied Subclass 417 Work
Specified areas/postcodes are prescribed for each state and territory of Australia in Migration (Specified work and areas for subclass 417 visas) Instrument (LIN 22/012) 2022, effective from 5 March 2022 (note this may change as further updates are made).
Specfied Subclass 462 Work
Specified areas/postcodes are prescribed for each state and territory of Australia in Migration (Specified work and areas for subclass 462 visas) Instrument (LIN 22/013) 2022, effective from 5 March 2022 (note this may change as further updates are made).
When Must The Specified Work Be Undertaken?
You must have undertaken all your specified work whilst holding your previous Working Holiday Maker visa, or a Bridging Visa is prescribed circumstances.
This means that if you are applying for your second Working Holiday Maker visa, you must have undertaken all specified work whilst holding your first Working Holiday Maker visa.
If you are applying for your third Working Holiday Maker visa, you must have undertaken all specified work whilst holding your second Working Holiday Maker visa, on or after 1 July 2019.
What If You Hold A Bridging Visa?
In certain circumstances, specified work that you undertake whilst waiting for your visa application to be processed may be counted towards a subsequent Working Holiday Maker visa application.
This would apply in the following scenario:
- if you applied for your second Working Holiday Maker visa whilst your first Working Holiday Maker visa was still valid; and
- while the Department of Home Affairs was processing your second Working Holiday Maker visa application, your first Working Holiday Maker visa ceased and a bridging visa came into effect;
then you can count specified work carried out on this bridging visa towards eligibility for a third Working Holiday Maker visa, whether you apply in or outside Australia.
What Do These Changes Mean For You?
The effect of these changes means that as a Working Holiday Maker Visa holder, you may have the option to extend your stay in Australia to a total period of up to three years if you meet the requirements as outlined above.
If you are considering applying for a further visa down the track, such as an employer sponsored Subclass 482 Temporary Skill Shortage (TSS) visa, and you hold a relevant qualification for a skilled occupation, you can use the time on your Working Holiday Maker Visa to gain additional work experience, in order to qualify for the subclass 482 visa.
Or, if you are looking to apply for a Skilled (Independent) or Skilled (State Sponsored Visa), you can gain extra points for Australian work experience completed whilst you hold a Working Holiday Visa Maker Visa. This is particularly beneficial if you are applying for a State Sponsored Visa in South Australia, which allows you to access certain concessions and waivers if you are currently living and working in South Australia for 6 to 12 months before applying.
Things To Be Aware Of
It is important to ensure that you complete the required specified work in regional Australia to enable you to qualify for a 3rd Year Working Holiday Maker Visa. Be aware that these terms are strictly defined in the migration provisions.
Also be aware that as a Working Holiday Visa Maker Visa holder, you will be subject to a 6-month work limitation for any one employer (there are exceptions, including due to CONID-19, which are outlined below). You can apply to the Department to have this period extended. If this affects you, we recommend that you seek further information and advice to clarify how this affects you.
Changes to Working Holiday Maker Visa Due To COVID-19
Temporary Relaxation Of Work Limit For Working Holiday Maker Visa Holders
The Government has announced changes to the Working Holiday Maker (WHM) program to assist with Australia’s COVID-19 economic recovery.
From 19 January 2022, WHM visa holders working in any sector anywhere in Australia may continue to work for the same employer or organisation without requesting permission beyond the six month limit.
This arrangement applies until 31 December 2022 when it will be reviewed by the Government.
From 8 May 2021, WHMs working in the tourism and hospitality sectors anywhere in Australia may now work for up to 12 months with the same employer or organisation without requesting permission.
From 22 June 2021, work undertaken in the tourism and hospitality sectors in northern, remote or very remote Australia can also be counted as specified work towards eligibility for a second or third WHM visa. This option will be available for WHM applications lodged from 5 March 2022.
For subclass 462 visa holders, the previous definition of tourism and hospitality continues to apply for applications lodged before 5 March 2022 and to any work carried out before 22 June 2021 (regardless of when the application is lodged).
Visa Application Charge Refund For Working Holiday Maker Visas
Working Holiday Makers who travel to Australia between 19 January 2022 and 19 April 2022 will also be refunded the visa application charge they paid when they applied for their WHM visa.
The current visa application charge for a WHM visa is $495.
This measure applies to working holiday makers who already hold a visa and are currently located offshore, as well as to those who are granted a new WHM visa and who travel to Australia within this timeframe.
The application for a refund must be received on or before 31 December 2022.
Nil Visa Application Charge (VAC) For Certain Working Holiday Maker Visa Holders
A new Migration Instrument, which commenced on 1 July 2021, enables Working Holiday Makers (WHM) whose visas were affected by COVID-19 to apply for another WHM visa with a nil VAC.
The WHM program consists of the Subclass 417 Working Holiday visa and the Subclass 462 Work and Holiday visa.
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:
1) one WHM visa will be treated as if they never held a WHM visa;
2) two WHM visas will be treated as if they held one WHM visa;
3) three WHM visas will be treated as if they held two WHM visas.
Under this instrument, an applicant who has held:
1) one WHM visa which is COVID affected – no specified work requirement applies to obtain a second WHM visa;
2) 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);
3) 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).
New Free Trade Agreement Signed With The United Kingdom
Further changes to the Working Holiday Maker visa are coming, following the signing of a new Australia-UK Free Trade Agreement (FTA) on 17 December 2021.
Within two years of the FTA entering into force, new arrangements for working holiday visa makers are due to be implemented. Working Holiday Makers will be able to stay in Australia for up to three years, with no requirements on the type of work they can do to extend their stay, and an iincreased cut off age of 35 for WHM visa applicants (note the current maximum age to apply is 30).
Get More Information
Learn more about the Working Holiday Maker visa, including the working holiday visa changes, 417 visa changes in the following articles:
Working Holiday Maker Program Changes
New Work and Holiday Visa for Greek citizens
Subclass 417 And 462 Working Holiday Visa Changes
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Contact us to book a no-obligation consultation to find out more about applying for a Working Holiday Maker visa, including the working holiday visa changes, 417 visa changes and how the rules apply if you hold a bridging visa after working holiday visa.
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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 applying for a visa in Australia, including a Working Holiday Maker visa, and how the working holiday visa changes apply, including the subclass 417 visa changes, 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. There are several terms that are defined in the migration law. Detailed advice about these is beyond the scope of this article and we would therefore recommend that you seek further information in this regard.
For up to date advice on your eligibility for a Working Holiday Maker visa and the working holiday visa changes, including the subclass 417 visa changes and how the rules apply if you hold a bridging visa after working holiday visa, contact PAX Migration Australia, a leading immigration service providing advice on a range of visas, including Working Holiday Maker visas. Contact us for a no obligation discussion on how we may be able to assist you to achieve your migration goals in Australia.
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