Visa condition 8547 is a critical regulation affecting Working Holiday Maker (WHM) visa holders in Australia, including those on Working Holiday (subclass 417) and Work and Holiday (subclass 462) visas, as well as certain bridging visa holders. It sets a strict employment limitation of six months with a single employer, designed to encourage visa holders to travel and explore different parts of Australia. Understanding this condition and its exemptions is essential for both workers and employers to ensure compliance with immigration rules and avoid visa cancellation or penalties.
Who Does Visa Condition 8547 Apply To?
This condition applies to anyone in Australia holding a WHM visa, regardless of their arrival date, and extends to bridging visa holders with condition 8547 imposed. It restricts the length of time a visa holder can work for a single employer to no more than six months, regardless of the type of work. This includes full-time, part-time, casual, shift, or voluntary work. There are, however, exemptions to this condition that allow for greater flexibility.
Exemptions to Condition 8547
As of January 1, 2024, several scenarios allow visa holders to work for the same employer for more than six months without needing permission. These exemptions include:
Work in Different Locations: Visa holders can work for the same employer beyond six months as long as they change work locations. This includes working from home or at different business locations, such as franchises.
Plant and Animal Cultivation: Employment in sectors like harvesting, packing, pruning, and maintaining crops or animals for commercial purposes qualifies for an exemption.
Natural Disaster Recovery: Work related to disaster recovery, such as construction and land restoration, is exempt from the six-month limitation.
Critical Sectors: Jobs in agriculture, food processing, health, aged and disability care, childcare, tourism, and hospitality are also exempt from the six-month rule.
Work in Northern Australia: Employment in industries like fishing, pearling, tree farming, construction, and mining in Northern Australia can go beyond six months without needing permission.
Requesting Permission to Work Beyond Six Months
If no exemptions apply, visa holders may request permission to extend their employment beyond six months. Requests are typically granted when a visa application is pending or the employer provides supporting documentation that the role is critical.
How Employers Can Ensure Compliance
Employers hiring WHM visa holders must track the time an employee works for them to comply with condition 8547. If the employee falls under an exemption, employment can continue beyond six months. For non-exempt work, employers must monitor the six-month period, calculated from the start date in calendar months.
Employers must also ensure compliance when hiring through agencies or self-employed individuals. If a self-employed contractor provides services exclusively to one business, that business is considered the employer, and the six-month limitation applies.
Bridging Visa Holders and Condition 8547
Bridging visa holders with condition 8547 must request permission to continue working beyond six months. In certain cases, condition 8547 can be removed from a new Bridging visa if a compelling need to work is demonstrated.
Summary
- Visa condition 8547 limits employment with a single employer to six months for WHM and some bridging visa holders.
- Exemptions exist for critical sectors, natural disaster recovery, and work in Northern Australia, among others.
- Employers must track the time WHM visa holders work for them and ensure compliance with the six-month rule unless an exemption or permission applies.
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