What to do if your employer asks you to work more hours than your visa allows

What are the current work rules on a working holiday visa?

Three main visa work rules apply:

• Condition 8547: maximum 6 months with the same employer (unless exempt)
• Primary purpose: the visa is for a holiday, with work as secondary
• Valid visa: you must hold a current 417 or 462 visa to work
• All Fair Work protections apply regardless of visa status

The Fair Work Act provides that full-time employees should not regularly work more than 38 hours per week plus reasonable additional hours.

How does the 6-month employer limit work?

Visa condition 8547 limits employment with a single employer:

• 6 months maximum with the same employer
• Counted in calendar months from your start date (not by hours)
• Applies regardless of full-time, part-time, or casual status
• Breach can result in visa cancellation
• The 6 months resets only with a new working holiday visa grant

The condition applies to all working holiday visa holders, but many sectors are exempt.

Which sectors allow you to work past 6 months without permission?

You can work beyond 6 months with the same employer without permission if the work is in:

• Plant and animal cultivation (agriculture, horticulture)
• Fishing and pearling
• Tree farming and felling
• Mining
• Construction
• Tourism and hospitality (anywhere in Australia)
• Health, aged care, and disability care
• Childcare
• Food processing
• Natural disaster recovery work
• Different locations of the same employer (no single location exceeding 6 months)

If your work falls within these categories, you are automatically exempt and do not need to apply for permission.

What if your sector is NOT exempt?

If your role does not fall within an exemption, you have three options:

1. Change employers after 6 months: cleanest approach
2. Request written permission from the Department of Home Affairs before the 6 months ends
3. Move to a different position with a different employer

A permission request is granted at the Department's discretion and is not guaranteed.

What if your employer wants you to stay longer?

If your employer wants you to keep working beyond 6 months:

• Check whether the work is in an exempt sector (usually it is)
• If exempt, no action needed, you can continue
• If not exempt, the employer can support a permission request
• Until permission is granted, you must stop work at the 6-month mark
• Working without permission risks your visa

Get in touch with our team if you are unsure whether your work qualifies for an exemption.

What should you do if pressured to work outside your visa?

You have the right to refuse work that breaches your visa:

• The visa conditions are legal limits, not negotiable
• Employers cannot force you to work beyond what your visa allows
• Document any pressure or requests in writing
• Get in touch with our team for advice if you feel pressured

It is illegal for employers to exploit visa holders. The Fair Work Act protects all workers in Australia regardless of visa status. Reporting issues does not affect your visa due to specific worker protections.

What are the consequences of breaching condition 8547?

Working beyond 6 months without permission or exemption:

• Risk of visa cancellation
• Refusal of future Australian visa applications
• The employer may also face civil penalties
• Compliance is monitored through Department of Home Affairs checks

Even unintentional breaches can affect future visa outcomes. The 6 months is calculated strictly on calendar months, not work patterns.

How can you extend your stay legitimately?

Options for legitimate extensions:

• Second-year visa: complete 88 days of specified work in a regional area
• Third-year visa: complete 6 months of specified work in a regional area during your second visa
• Different visa class: explore skilled or employer-sponsored visas

These are separate from "permission to work beyond 6 months" - they extend your stay, not your employer relationship.

What about your tax position with one employer?

Working for the same employer (under exemption or with permission):

• Same 15% working holiday maker rate applies throughout
• Super continues to accumulate (12% on top of wages)
• All wages combine on your annual tax return
• No tax penalty for staying with one employer

Our team handles tax returns for working holiday makers in all employment configurations.