• 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

Sydney, Australia

Email

[email protected]

T:+61 2 8224 8581

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Samantha Panchal

Samantha Panchal

Director

Sydney, Australia

Email

[email protected]

T:+61 2 8224 8581

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Samantha Panchal

Samantha Panchal

Director

Sydney, Australia

Email

[email protected]

T:+61 2 8224 8581

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • 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

Sydney, Australia

Email

[email protected]

T:+61 2 8224 8581

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Samantha Panchal

Samantha Panchal

Director

Sydney, Australia

Email

[email protected]

T:+61 2 8224 8581

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Samantha Panchal

Samantha Panchal

Director

Sydney, Australia

Email

[email protected]

T:+61 2 8224 8581

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Australian Broadcasting Corporation: Overnights

Senior Counsel Dr. Anna Boucher discusses Australia’s net migration figures and recent changes to the country’s migration policies.

Learn more

Blog post

Can International Graduates in the Netherlands Qualify for the 30% Ruling? Eligibility Rules Explained

Tiemen Peters, Silvia Norte Mercade and Soraya Driessen outline when international graduates who studied in the Netherlands may qualify for the 30% ruling and the key eligibility, timing and compliance considerations for graduates and employers.

Learn more

Blog post

The Narrowing Talent Pipeline: From International Student to Corporate America

Counsel Susan Steger discusses how recent immigration developments may affect the pathway from F-1 study and practical training through H-1B sponsorship and permanent residence for U.S. employers recruiting and retaining early-career international talent.

Learn more

Blog post

Right to Work Changes: What Do They Mean for Employers in Northern England?

Manager Ko Ito, Senior Immigration Consultant Danielle Barks, Associate Naureen Malik and Trainee Solicitor Amna Ali outline how the expanded UK Right to Work Scheme could affect employers in Northern England and the practical steps businesses can take ahead of the 1 October 2026 changes.

Learn more

Media mentions

Business Traveller: Six Months in, the EU’s Entry/Exit System Isn’t Working

Partner Christine Sullivan discusses the implementation of the EU’s Entry/Exit System (EES) across member states and at border crossing points.

Learn more

Blog post

Polish Citizenship by Descent: A Practical Guide for 2026

Poland Immigration Strategy Director Tomasz Rogala, Senior Associate Tomasz Rdzanek and Senior Immigration Consultant Paulina Fołta-Cisak discuss who may qualify for Polish citizenship by descent, how historical events can affect a claim and what applicants should expect from the 2026 confirmation process.

Learn more

Media mentions

ABC News: What Australia can learn from 165 years of migration data

Senior Counsel Anna Boucher is quoted in ABC News regarding Australia's migration debate and what more than 165 years of migration data reveals about long-term immigration trends.

Learn more

Blog post

Swiss Immigration Quotas 2026: Are Work Permit Quotas Likely to Run Out Before Year-End?

Senior Immigration Consultant Alessandra Rüede discusses Switzerland’s 2026 work permit quota utilisation and what current availability, canton-level allocation practices and processing considerations mean for employers planning international hiring and mobility.

Learn more

Blog post

From Investment to Merit: Malta’s Citizenship Reset

Director Isobel Neilson and Manager Sophie Jo Wasson discuss Malta’s shift from citizenship by investment to merit-based naturalisation and outline what may contribute to a compelling application based on exceptional merit and national interest.

Learn more

Fragomen news

Letter to ICE/Student and Exchange Visitor Program on Curricular Practical TrainingLearn more

Blog post

Right to Work Changes from 1 October 2026: Why Employers Need to Act Now

Partner Naomi Goldshtein discusses the UK Right to Work changes taking effect from 1 October 2026 and what employers should do now to strengthen identity verification, workforce oversight and compliance across direct and extended worker populations.

Learn more

Awards

Senior Associate Tuğba Özyakup Appointed to Dutch Bar Legislative Committee on Immigration Law

Senior Associate Tuğba Özyakup has been appointed to the Dutch Bar’s Legislative Committee on Immigration Law, where she will contribute input and advice on proposed and existing immigration legislation.

Learn more

Media mentions

Australian Broadcasting Corporation: Overnights

Senior Counsel Dr. Anna Boucher discusses Australia’s net migration figures and recent changes to the country’s migration policies.

Learn more

Blog post

Can International Graduates in the Netherlands Qualify for the 30% Ruling? Eligibility Rules Explained

Tiemen Peters, Silvia Norte Mercade and Soraya Driessen outline when international graduates who studied in the Netherlands may qualify for the 30% ruling and the key eligibility, timing and compliance considerations for graduates and employers.

Learn more

Blog post

The Narrowing Talent Pipeline: From International Student to Corporate America

Counsel Susan Steger discusses how recent immigration developments may affect the pathway from F-1 study and practical training through H-1B sponsorship and permanent residence for U.S. employers recruiting and retaining early-career international talent.

Learn more

Blog post

Right to Work Changes: What Do They Mean for Employers in Northern England?

Manager Ko Ito, Senior Immigration Consultant Danielle Barks, Associate Naureen Malik and Trainee Solicitor Amna Ali outline how the expanded UK Right to Work Scheme could affect employers in Northern England and the practical steps businesses can take ahead of the 1 October 2026 changes.

Learn more

Media mentions

Business Traveller: Six Months in, the EU’s Entry/Exit System Isn’t Working

Partner Christine Sullivan discusses the implementation of the EU’s Entry/Exit System (EES) across member states and at border crossing points.

Learn more

Blog post

Polish Citizenship by Descent: A Practical Guide for 2026

Poland Immigration Strategy Director Tomasz Rogala, Senior Associate Tomasz Rdzanek and Senior Immigration Consultant Paulina Fołta-Cisak discuss who may qualify for Polish citizenship by descent, how historical events can affect a claim and what applicants should expect from the 2026 confirmation process.

Learn more

Media mentions

ABC News: What Australia can learn from 165 years of migration data

Senior Counsel Anna Boucher is quoted in ABC News regarding Australia's migration debate and what more than 165 years of migration data reveals about long-term immigration trends.

Learn more

Blog post

Swiss Immigration Quotas 2026: Are Work Permit Quotas Likely to Run Out Before Year-End?

Senior Immigration Consultant Alessandra Rüede discusses Switzerland’s 2026 work permit quota utilisation and what current availability, canton-level allocation practices and processing considerations mean for employers planning international hiring and mobility.

Learn more

Blog post

From Investment to Merit: Malta’s Citizenship Reset

Director Isobel Neilson and Manager Sophie Jo Wasson discuss Malta’s shift from citizenship by investment to merit-based naturalisation and outline what may contribute to a compelling application based on exceptional merit and national interest.

Learn more

Fragomen news

Letter to ICE/Student and Exchange Visitor Program on Curricular Practical TrainingLearn more

Blog post

Right to Work Changes from 1 October 2026: Why Employers Need to Act Now

Partner Naomi Goldshtein discusses the UK Right to Work changes taking effect from 1 October 2026 and what employers should do now to strengthen identity verification, workforce oversight and compliance across direct and extended worker populations.

Learn more

Awards

Senior Associate Tuğba Özyakup Appointed to Dutch Bar Legislative Committee on Immigration Law

Senior Associate Tuğba Özyakup has been appointed to the Dutch Bar’s Legislative Committee on Immigration Law, where she will contribute input and advice on proposed and existing immigration legislation.

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 InsightsView 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
  • 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
September 18, 2026 | United StatesUnited States: New Executive Order Directs Federal Agencies to Consider Layoff Activity and Labor Market Data in H-1B Adjudications
September 18, 2026 | AustraliaAustralia: Further Migration Reforms to Reduce Net Overseas Migration Announced
September 18, 2026 | AustraliaAustralia: Skilled Visa Processing Priorities Revised
September 18, 2026 | AustraliaAustralian Broadcasting Corporation: Overnights
September 18, 2026 | ThailandThailand: Reduction in Visa-Exempt Stay Duration Forthcoming
September 18, 2026 | United StatesUnited States: New Executive Order Directs Federal Agencies to Consider Layoff Activity and Labor Market Data in H-1B Adjudications
September 18, 2026 | AustraliaAustralia: Further Migration Reforms to Reduce Net Overseas Migration Announced
September 18, 2026 | AustraliaAustralia: Skilled Visa Processing Priorities Revised
September 18, 2026 | AustraliaAustralian Broadcasting Corporation: Overnights
September 18, 2026 | ThailandThailand: Reduction in Visa-Exempt Stay Duration Forthcoming
September 18, 2026 | United StatesUnited States: New Executive Order Directs Federal Agencies to Consider Layoff Activity and Labor Market Data in H-1B Adjudications
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.