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

One of the visa conditions that catches many working holiday makers off guard is the six-month rule. Working holiday visa subclass 417 and 462 holders are generally limited to working for any single employer for a maximum of six months. Exceeding this limit without permission is a breach of your visa conditions and can have serious consequences.

What does the six-month rule mean in practice?

Once you have worked for an employer for a combined total of six months, you must stop working for them unless you have applied for and received specific permission to continue. The six months do not have to be consecutive. If you work for an employer for three months, leave, and return later, the time you worked before still counts toward your six-month limit with that employer.

The rule is a condition of the visa itself, administered by the Department of Home Affairs. A breach can affect your ability to extend your visa or return to Australia in the future.

What counts as the same employer?

A single employer is generally defined by their ABN. If a business operates multiple venues or locations under the same ABN, working across those locations may still count toward the same six-month limit. Two businesses with different ABNs are generally considered different employers.

Franchise arrangements can be complicated. If two franchise locations are operated by different owners with different ABNs, they are likely considered different employers. But if the same owner operates multiple sites under a single ABN, it is likely the same employer for visa purposes.

Can you get an extension?

Yes. In certain circumstances you can apply to the Department of Home Affairs for permission to continue working with the same employer beyond six months. These exceptions are generally granted for shortage occupations or regional work where the employer can demonstrate a genuine need.

You must apply before the six months is up. Working beyond the limit without approval is still a breach, even if you intend to apply.

What about the second-year visa extension?

The six-month rule is separate from the 88-day regional work requirement. You can complete your 88 days with a single employer in a regional area, and the six-month rule still applies to your total time with them. If your employer wants to keep you beyond six months, seek an extension if necessary.

Practical tips for staying compliant

Keep a record of the dates you start and finish with each employer. A simple note in your phone with employer name, start date, and end date is enough. If you are unsure whether two businesses count as the same employer, check the ABN on your payslips.

Need help?

Questions about your working holiday visa conditions?

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