Condition 8547: A Complete Guide to the Six-Month Work Limitation in Australia

The Australian Working Holiday Maker (WHM) visa (subclasses 462 and 417) is a temporary visa for young adults to undertake short-term employment to support their travel to Australia. The 8547 work limitation is a key component that both WHM visa holders and employers must clearly understand to navigate this process smoothly.

Below is an in-depth breakdown of the 8547 employer work limitation in Australia, including its exemptions and practical considerations.

What Is Condition 8547?

Condition 8547 is granted for WHM visas, stating that the visa holder can be employed by the same employer for up to six months without prior permission from the Secretary. If you are a WHM visa holder, you may work for the same employer for up to six months. After this period, you must either change employers or seek permission to continue employment with the same business.

Who Does Condition 8547 Apply to?

The visa 8547 employer work limitation applies to any Working Holiday (SC 417) and Work and Holiday visa (SC 462) holders. This visa condition applies to you, regardless of when you arrive in Australia, once you engage in any sort of employment (casual, part-time, full-time, or voluntary work). However, if you fall under this condition's exemptions, then it will not apply.

Exemptions to the Six-Month Work Limitation

There are specific exemptions to the employer work limitation 8547, which means you do not have to seek permission to work longer if you fall under them.

Sector-Based Exemptions

Working Holiday Maker visa holders may continue working with the same employer for longer than six months without seeking permission from the Department of Home Affairs if they are employed in certain critical sectors. These sectors include plant and animal cultivation, natural disaster recovery, community and evacuation centres, food processing, health services, childcare, aged care, disability services, tourism, and hospitality. Employment in these areas addresses workforce shortages and is recognised as essential to Australia’s ongoing needs.

Northern Australia Exempt Sectors

There are additional exemptions for individuals working in Northern Australia. If you are employed in the fishing and pearling industries, tree farming and felling, mining, or construction services within Northern Australia, you are not subject to the six-month limitation. These exemptions support economic development in designated regional areas, where there are persistent labour shortages.

Changing Work Location (Automatic Exemption)

An automatic exemption applies when a visa holder works in different locations for the same employer (the business they directly work for and any agency or labour supplier that refers them to the business where they will work), as long as their employment period in one location does not exceed six months. This includes instances such as working in:

• Remote positions
• Independently-owned franchises in multiple workplaces
• The same company with an ABN (Australian Business Number) at two separate orchards
• A subsidiary company owned by the same parent company, but your payslip has a different ABN
• Separate legal entities (different businesses) with different ABNs, owned by one employer
• A self-employed position and provide services to the same business entity, as long as that business is not the only business you are providing services to during the six-month period
• A remote or work-from-home position. Any change to or from working at home or remotely will qualify as a change in location.

When Does the Six-Month Limit Start and End?

As per the working holiday program settings, your six-month limitation will start on your first day of employment.

How the Six months Are Calculated

This is calculated on a calendar basis; the duration will account for the number of months from your start date, instead of the number of days or hours you have worked.

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What If No Exemption Applies?

As per the Department’s rules, you cannot continue working beyond the six-month period if no exemption applies. In such cases, you will need to submit a new permission request and await its approval, or apply for a new WHM visa altogether. You can visit the Department’s ‘WHM Condition - 8547 - Permission request form’ page to lodge your extension request.

Visa Options for Continued Employment

If no exemption applies, you may wish to consider alternative visa options. Consult a registered migration lawyer to receive advice tailored to your circumstances.

Can They Keep Working After Lodging a Sponsorship Visa?

If you have lodged a sponsored visa application, you may continue working while your request for permission is being considered, subject to Departmental approval.

Compliance Monitoring by the Department

Once you start working under a WHM visa, the Department monitors compliance for your 8547 limitation. This is done so that those breaching their limitation can be identified and penalised accordingly.

Penalties for Employers

The Department monitors both employers and employees. Meaning, if you, as an employer, are found employing visa holders breaching their 8547 limitation, the Department can issue fines and relevant civil penalties.

Importance of VEVO Checks

Employers should regularly check their employees’ visa status using VEVO (Visa Entitlement Verification Online), which displays current visa conditions, work rights, visa validity, and permitted stay duration.

Requesting Permission to Work Beyond Six Months

You can lodge permission to work beyond six months for the same employer, but the discretion lies with the Department to approve it.

When the Department May Grant Permission

The Department may grant permission in limited circumstances, which include the following:

• If you have applied for a visa permitting full-time employment, and are awaiting its outcome
• If you perform work that is critical to your employer, and your permission request includes a supporting letter from them

What Counts as Exceptional Circumstances?

The Department may also grant permission if you demonstrate exceptional circumstances apart from the ones mentioned above. These are only for Australian permanent residents, citizens, or businesses and must be deemed 'extraordinary and unforeseeable' when lodging the request with the Department.

Condition 8547 Exemptions to the Six-Month Work Limitation

Here is an overview of the exemptions to the 8547 condition and when you would need to request permission:

FAQs About Condition 8547

Does Condition 8547 Apply If the Visa Holder Works Part-Time or Casually?

Yes. The six-month limitation applies even if you are performing part-time or casual work under your WHM visa.

Can an Employee Restart the Six-Month Period by Changing Their Job Role?

Yes. If you are not in an exempt sector but change your work location for the same or a different role, you will not need permission and can restart the six-month limitation.

Can a Visa Holder Work for Two Employers at the Same Time?

No. You may only work for the same employer for a maximum of six months unless an exemption applies.

Can a Working Holiday Visa Holder Work More Than Six Months If Applying for a 482 Visa?

No. Unless you are exempt, you will have to request the Department's permission to work beyond six months.

What Happens If an Employer Breaches Condition 8547?

If an employer breaches this condition and keeps employing a sponsored worker beyond their six-month limitation, the Department can charge them with fines and visa penalties.

Need Help Understanding Condition 8547?

The 8547 work limitation is a critical component for WHM visas. It is important to be aware of the requirements for exemptions and permission requests to ensure compliance with your visa conditions.

At Australian Migration Lawyers, we are dedicated to helping clients confidently navigate this visa pathway. Whether you are the employer of a WHM visa holder or an employee already operating under this visa, we can assist you. Our highly experienced lawyers provide personalised guidance so you can clearly understand your visa conditions and proceed accordingly. Plus, we coordinate directly with the Department and can help you submit your permission request accurately to avoid unnecessary delays.

To discuss your circumstances or seek legal advice about Condition 8547, book a consultation with our lawyers.

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Book a Consultation‍

If you are interested in getting more information about a visa, get in touch with Australian Migration Lawyers for a consultation.

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