The 6-month rule: how long can you work for the same employer on a working holiday visa?

What is the 6-month employer rule?

Visa condition 8547 applies to all working holiday makers (subclass 417 and 462):

• Maximum 6 months working for the same employer
• Counted in calendar months from your start date
• Based on calendar time, not hours or days worked
• Breach can result in visa cancellation
• The 6 months resets only when a new working holiday visa is granted

The condition exists to keep the working holiday visa focused on travel and cultural exchange rather than long-term employment.

What counts as the same employer?

The 6-month limit applies to the legal business entity (ABN), not just the physical workplace:

• Same company, different branches: usually counts as the same employer
• Same company, different ABNs: different employers
• Franchises with different owners: typically different employers
• Labour hire arrangements: the end user (where you actually work) is the employer
• Self-employed/contractor: each end client is treated as a separate employer

For contractors, if you provide services to a single end client, that client is your employer for the 6-month rule. Working with multiple clients lets you exceed 6 months without breaching the rule.

Which work is exempt from the 6-month rule?

The Department of Home Affairs has approved several exemptions. You can work beyond 6 months without permission if your 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 (where each location does not exceed 6 months)

These exemptions cover the majority of jobs that working holiday makers typically take, so for most backpackers the 6-month rule is not a practical issue.

How do you work past 6 months in a non-exempt sector?

If your role does not fall within an exemption, you must:

1. Submit a written permission request before the 6 months ends
2. Demonstrate operational need or other compelling circumstances
3. Wait for a written decision (you can continue working while the request is pending)
4. Stop work if the request is denied

The Department has discretion to approve or deny permission. Common grounds for approval:

• You have applied for a new visa allowing full-time work
• Critical or priority sector with employer support
• Compelling operational reasons

What happens if you breach condition 8547?

The Department actively monitors compliance. Breach can result in:

• Visa cancellation
• Refusal of future Australian visa applications
• Civil penalties on the employer
• Compliance issues for both employee and employer

Even unintentional breaches can affect future visa outcomes. The rule is strictly enforced.

What about the 88-day specified work requirement?

The 88-day rule for a second-year visa is separate from condition 8547:

• 88 days of specified work in a regional area is required for second-year visa
• The work must be in approved industries and regional postcodes
• Most specified work industries are also exempt from the 6-month rule
• You can complete all 88 days with one employer in many cases

For a third working holiday visa, the requirement is 6 months (179 days) of specified work during your second visa.

What does this mean for tax and super?

Working under the 6-month rule (or an exemption):

• 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
• Super from each employer accumulates in their nominated fund

For super accumulation, working for one employer for longer (where allowed) is helpful because it consolidates contributions into fewer funds. See our article on finding lost superannuation.

What practical steps should you take?

To stay compliant:

• Keep records of your start and end dates with each employer
• Check whether your work falls within an exempt sector
• If not exempt, plan to change employers before the 6-month mark
• Or submit a permission request before the 6 months ends
• Keep your employer ABN on your payslips to verify the legal entity

If you are unsure whether your work qualifies for an exemption, get in touch with our team and we will check the specifics of your situation.