• Insights

Business Immigration Compliance for Working Holiday Makers in Australia

September 17, 2015

Marco Deutsch

Country / Territory

  • AustraliaAustralia

Related contacts

Photo of Samantha Panchal

Samantha Panchal

Director

Fragomen in Sydney, Australia

Email

[email protected]

T:+61 2 8224 8581

Related offices

  • Fragomen in Brisbane, Australia
  • Fragomen in Melbourne, Australia
  • Fragomen in Perth, Australia
  • Fragomen in Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Samantha Panchal

Samantha Panchal

Director

Fragomen in Sydney, Australia

Email

[email protected]

T:+61 2 8224 8581

Related offices

  • Fragomen in Brisbane, Australia
  • Fragomen in Melbourne, Australia
  • Fragomen in Perth, Australia
  • Fragomen in Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Samantha Panchal

Samantha Panchal

Director

Fragomen in Sydney, Australia

Email

[email protected]

T:+61 2 8224 8581

Related offices

  • Fragomen in Brisbane, Australia
  • Fragomen in Melbourne, Australia
  • Fragomen in Perth, Australia
  • Fragomen in Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Samantha Panchal

Established under cultural exchange agreements, both the Work and Holiday Visa (Subclass 462) and Working Holiday Visa (Subclass 417) allow young people visiting Australia to remain in the country for up to twelve months from the date of first entry, granting them the right to work for any employer for a maximum period of six months.

To be eligible for a Subclass 462 or Subclass 417 Visa, the individual must hold a passport from an eligible country and be at least 18 years old, but not yet turned 31.

The six month work limitation applies to any employer and to any form of work undertaken. This supports the overarching intention of the visas to act as a means of facilitating an extended holiday in Australia. The six months stipulation refers to six calendar months and includes any periods of paid or unpaid leave.

It is important to note that an employer is considered to be the business that the visa holder is directly working for and is referred to as being the end user. This prevents visa holders from staying with an end user beyond six months by using different employment arrangements, such as agencies or sub-contracting agreements.

Second Working Holiday (Subclass 417) Visa

A Subclass 417 Visa holder is able to apply for a Second Subclass 417 Visa which allows the individual to remain in Australia for an additional twelve months if, during the initial validity period, they have worked for at least three months in a regional area in an approved industry.

Additionally, if the individual has worked for an employer for six months, they are able to continue to work with that same employer for up to a further six months on their Second Subclass 417 Visa.

Extending the six month work limitation

It is possible to apply for an extension of the six month work limitation in certain circumstances.

Generally, this follows the lodgement of a new Australian visa application, such as a Subclass 457 Visa. In this instance, once the application has been submitted to the Immigration Department, a separate request is lodged for permission to continue working for the individual’s sponsor up until the Subclass 457 Visa application is finalised.

It is recommended that extension requests are lodged with the Immigration Department at least two weeks prior to the six month work limitation expiring.

Initiatives to support Northern Australia

Second Work and Holiday Visa (Subclass 462)

The option for a Subclass 417 Visa holder to apply for a Second Subclass 417 Visa is not currently extended to holders of a Subclass 462 Visa.

However, a new initiative for these visa holders to become eligible for a Second Subclass 462 Visa is underway and is designed for those who undertake three months’ work in the agriculture, tourism and hospitality industries within Northern Australia. The Northern Territory, parts of Western Australia and Queensland north of the Tropic of Capricorn are all classified as Northern Australia.

This initiative is expected to come into effect towards the end of 2015.

Extended work permits in Northern Australia

A further initiative has been announced in the form of extended work permits for Subclass 462 Visa holders working in Northern Australia. A single employment twelve month work permit will be available for roles in the agriculture, forestry and fishing, tourism and hospitality, mining and construction, and aged and disability care industries.

The proposed twelve month work permit will be accepted in the Northern Territory, parts of Western Australia and Queensland north of the Tropic of Capricorn.

This initiative is also expected to come into effect towards the end of 2015. When in operation, holders of Subclass 462 Work and Holiday Visas will need to apply for an employment extension using the Immigration Department's existing extension request processes.

Important considerations for businesses

The Australian Government is continuing to show a strong focus on compliance within its immigration programme.

The Australian Border Force was introduced on 1 July 2015, combining immigration, customs and border protection functions. Taskforce Cadena was also established in June 2015 to investigate illegal practices involving foreign workers and is a further indication of the government’s current visa enforcement agenda.

Penalties under the employer sanction legislation for knowingly or recklessly using foreign workers, including Working Holiday Makers, are severe. Non-fault civil penalties for allowing a person to work in breach of their visa conditions can be as high as AUD 15,300 for an individual and AUD 76,500 for a corporation. Penalties for criminal offences are even higher.

Employers wishing to remain compliant with visa regulations would do well to develop strategies to monitor their workforce in order to avoid any liability. Fragomen can assist clients to do so in a number of ways, including conducting compliance audits of temporary visa populations and assisting with the development and implementation of compliance processes and procedures.

MARN 0964710 / MARN 1068917

Country / Territory

  • AustraliaAustralia

Related contacts

Photo of Samantha Panchal

Samantha Panchal

Director

Fragomen in Sydney, Australia

Email

[email protected]

T:+61 2 8224 8581

Related offices

  • Fragomen in Brisbane, Australia
  • Fragomen in Melbourne, Australia
  • Fragomen in Perth, Australia
  • Fragomen in Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Samantha Panchal

Samantha Panchal

Director

Fragomen in Sydney, Australia

Email

[email protected]

T:+61 2 8224 8581

Related offices

  • Fragomen in Brisbane, Australia
  • Fragomen in Melbourne, Australia
  • Fragomen in Perth, Australia
  • Fragomen in Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Samantha Panchal

Samantha Panchal

Director

Fragomen in Sydney, Australia

Email

[email protected]

T:+61 2 8224 8581

Related offices

  • Fragomen in Brisbane, Australia
  • Fragomen in Melbourne, Australia
  • Fragomen in Perth, Australia
  • Fragomen in Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Fragomen news

Fragomen and SICPA Launch a Global Strategic Joint Venture to Advance Global Digital Identity Solutions

Fragomen and SICPA announced the formation of a global joint venture to advance next-generation digital identity solutions for governments, enterprises and individuals.

Learn more

Podcast

A New PM for the UK: What Will This Mean for Immigration Policy?

UK Government Affairs Strategy Director Shuyeb Muquit is joined by Jonathan Thomas of the Social Market Foundation, Dr. Ben Brindle of the Migration Observatory, University of Oxford and Steve McCauley of the University of Cambridge to discuss what a new UK Prime Minister could mean for immigration policy, employers and workforce mobility.

Learn more

Fragomen news

2026年6月 アメリカ移民法ダイジェスト Learn more

Media mentions

NRC: Iedereen met een Canadese voorouder kan nu staatsburgerschap aanvragen – vooral Amerikanen doen dat

Partner Rick Lamanna said Canada’s expanded citizenship rules could make hundreds of thousands if not millions of people eligible while moving against a global trend of tighter citizenship laws.

Learn more

Media mentions

SBS News: The Overlooked Factor in Australia's Migration Debate That's Keeping Figures High

Senior Counsel Dr. Anna Boucher shares insights on the factors influencing Australia's migration trends.

Learn more

Video

United Kingdom eVisa Process | #MobilityMinute

In this Mobility Minute, Senior Immigration Analyst Nicole Dobromirova discusses updates to the UK visitor visa process, including the shift from visa stickers to electronic visas and how travellers can access their digital immigration status.

Learn more

Media mentions

Bloomberg Law: Justices’ Migrant TPS Ruling Undercuts Pending Court Challenges

Partner Daniel Pierce discussed the implications of the US Supreme Court's latest Temporary Protected Status ruling.

Learn more

Blog post

The EU Pay Transparency Directive: What Global Mobility Leaders Need to Know

In this blog, Senior Counsel Jo Antoon explores what multinational employers need to know about pay transparency, cross-border workers and mobility-related compensation differences as implementation unfolds across the EU. 

Learn more

Media mentions

The PIE: UK Unis Must Treat Compliance as “Strategic Institutional Risk”

Immigration Supervisor Sanjay Parmar discussed how recent UK Basic Compliance Assessment changes are driving universities toward more data-led, proactive compliance management.

Learn more

Blog post

UK Immigration Reforms and Their Impact on the Engineering Talent Pipeline

In this blog, Fragomen’s Nadine Barnole, Jonathan Hill, Anastasia Vasiljeva and Nicole Williams examine how higher Skilled Worker salary thresholds, rising sponsorship costs and proposed Graduate Route changes are making it harder for employers to attract and retain international engineering talent.

Learn more

Media mentions

Irish Examiner: Updates to Non-EU Work Permits Will Help Firms Fill Critical Roles

Practice Leader Colm Collins explains how Ireland's employment permit updates can help employers address workforce shortages while strengthening the country's ability to attract global talent.

Learn more

Blog post

Understanding EU-Turkey Association Rights for Workers and Families in Germany

Senior Associate Arta Djahanschiri and Associate Iris Barthel discuss how EU-Turkey Association Law, including Association Council Decision No. 1/80, can provide Turkish employees and their family members in Germany with residence and labor market rights that may extend beyond protections available under the German Residence Act.

Learn more

Fragomen news

Fragomen and SICPA Launch a Global Strategic Joint Venture to Advance Global Digital Identity Solutions

Fragomen and SICPA announced the formation of a global joint venture to advance next-generation digital identity solutions for governments, enterprises and individuals.

Learn more

Podcast

A New PM for the UK: What Will This Mean for Immigration Policy?

UK Government Affairs Strategy Director Shuyeb Muquit is joined by Jonathan Thomas of the Social Market Foundation, Dr. Ben Brindle of the Migration Observatory, University of Oxford and Steve McCauley of the University of Cambridge to discuss what a new UK Prime Minister could mean for immigration policy, employers and workforce mobility.

Learn more

Fragomen news

2026年6月 アメリカ移民法ダイジェスト Learn more

Media mentions

NRC: Iedereen met een Canadese voorouder kan nu staatsburgerschap aanvragen – vooral Amerikanen doen dat

Partner Rick Lamanna said Canada’s expanded citizenship rules could make hundreds of thousands if not millions of people eligible while moving against a global trend of tighter citizenship laws.

Learn more

Media mentions

SBS News: The Overlooked Factor in Australia's Migration Debate That's Keeping Figures High

Senior Counsel Dr. Anna Boucher shares insights on the factors influencing Australia's migration trends.

Learn more

Video

United Kingdom eVisa Process | #MobilityMinute

In this Mobility Minute, Senior Immigration Analyst Nicole Dobromirova discusses updates to the UK visitor visa process, including the shift from visa stickers to electronic visas and how travellers can access their digital immigration status.

Learn more

Media mentions

Bloomberg Law: Justices’ Migrant TPS Ruling Undercuts Pending Court Challenges

Partner Daniel Pierce discussed the implications of the US Supreme Court's latest Temporary Protected Status ruling.

Learn more

Blog post

The EU Pay Transparency Directive: What Global Mobility Leaders Need to Know

In this blog, Senior Counsel Jo Antoon explores what multinational employers need to know about pay transparency, cross-border workers and mobility-related compensation differences as implementation unfolds across the EU. 

Learn more

Media mentions

The PIE: UK Unis Must Treat Compliance as “Strategic Institutional Risk”

Immigration Supervisor Sanjay Parmar discussed how recent UK Basic Compliance Assessment changes are driving universities toward more data-led, proactive compliance management.

Learn more

Blog post

UK Immigration Reforms and Their Impact on the Engineering Talent Pipeline

In this blog, Fragomen’s Nadine Barnole, Jonathan Hill, Anastasia Vasiljeva and Nicole Williams examine how higher Skilled Worker salary thresholds, rising sponsorship costs and proposed Graduate Route changes are making it harder for employers to attract and retain international engineering talent.

Learn more

Media mentions

Irish Examiner: Updates to Non-EU Work Permits Will Help Firms Fill Critical Roles

Practice Leader Colm Collins explains how Ireland's employment permit updates can help employers address workforce shortages while strengthening the country's ability to attract global talent.

Learn more

Blog post

Understanding EU-Turkey Association Rights for Workers and Families in Germany

Senior Associate Arta Djahanschiri and Associate Iris Barthel discuss how EU-Turkey Association Law, including Association Council Decision No. 1/80, can provide Turkish employees and their family members in Germany with residence and labor market rights that may extend beyond protections available under the German Residence Act.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
July 6, 2026 | Japan, United States2026年6月 アメリカ移民法ダイジェスト
July 8, 2026 | 🌐Fragomen and SICPA Launch a Global Strategic Joint Venture to Advance Global Digital Identity Solutions
July 7, 2026 | KuwaitKuwait: 15-Year Investor Residency Permit Eligibility Rules Announced
July 7, 2026 | United Arab EmiratesUnited Arab Emirates: Private Health Care Sector Emiratization Rules Changed
July 7, 2026 | United StatesUnited States: June 2026 DOL PERM and PWD Processing Times
July 6, 2026 | Japan, United States2026年6月 アメリカ移民法ダイジェスト
July 8, 2026 | 🌐Fragomen and SICPA Launch a Global Strategic Joint Venture to Advance Global Digital Identity Solutions
July 7, 2026 | KuwaitKuwait: 15-Year Investor Residency Permit Eligibility Rules Announced
July 7, 2026 | United Arab EmiratesUnited Arab Emirates: Private Health Care Sector Emiratization Rules Changed
July 7, 2026 | United StatesUnited States: June 2026 DOL PERM and PWD Processing Times
July 6, 2026 | Japan, United States2026年6月 アメリカ移民法ダイジェスト
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.