The 6 month work rule could be much more flexible than you think!
On 27th of March 2017, the Department of Immigration and Border Protection (DIBP) updated their policy guidelines with regard to the 6 month work rule (condition 8547).
The Department’s guidelines now state that 417 visa holders can work for the same employer for more than 6 months provided that:
- They do not provide services to the same end user for more than 6 months; or
- They do not undertake work at the same location for more than 6 months.
- A nurse may be employed by the same nursing agency for more than 6 months as long as they don’t work for the same end user/clinic/hospital etc. for more than 6 months;
- A Carpenter could work for the same labour hire company for more than 6 months provided they don’t work for the same end user and on the same site for more than 6 months;
- A beauty therapist could work for the same company for more than 6 months provided that he/she does not work in the same salon for more than 6 months;
- A hotel receptionist could work at the same hotel group for more than 6 months provided that they don’t work in the same hotel for more than 6 months.
This also applies to working holiday visa holders who work for the same franchise or for companies with multiple office locations, provided they don’t work in the same location for more than 6 months. This gives working holiday visa holders and employers much more flexibility.
Application to extend employment beyond 6 months
There are other circumstances where you can actually apply to extend your employment beyond the 6 month period, for instance if you are:
- Working as an au-pair (up to 12 months with one family);
- Working in Northern Australia in eligible jobs in the following industries: aged and disability care; agriculture, forestry and fishing; construction; mining; tourism and hospitality. (Specific postcodes and specific occupations apply. See HERE);
- In certain exceptional circumstances, the most common of which is when you are awaiting a decision on a visa application that would allow you to continue to work full time with the same employer (such as Subclass 820, 186, 457, 187).
Applications to request permission to work longer than 6 months with an employer should be made to the Department of Immigration in writing on Form 1445 (which is available on the Department’s website).
For more information on extending your employment, see HERE
If you are interested in applying for a Working Holiday Visa or staying on in Australia after your working holiday visa finishes, CONTACT US now
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3 thoughts on “Working Holiday visa – How flexible is the 6 Month Work Rule ?”
How do they calculate the “six months” maximum working time for a given employer? Do they just count the weeks when you actually perform work? Let’s say i started to work for the company at a last week of the month, is it mean that the whole month is counts or i still have the rest 3 weeks as my last “month”?
Have you read the following? https://www.homeaffairs.gov.au/trav/work/empl/whm-six-months-one-employer
The Department of Home Affairs counts the weeks you actually perform the work. However, breaks between periods of work in circumstances where the employment arrangement is ongoing – for example, paid or unpaid leave was granted – count toward the 6 month total.
I hope this answers your question.
I also have a question- can I work for one employer up to 6 months, but not consistently? In my case I have worked for them 2 months in and would like to return for 3 months, but in between there’s a 6month gap.
Thank you for replying!