Managing Staff on Working Holiday Visas
If your business hires people with Working Holiday Visas here are some tips to keep you on track.
All WHVs
We know that someone with a Working Holiday Visa may only work for an employer for a maximum of 6 months. Here are some interesting facts about that,
- Immigration’s website lists many exceptions to that rule. See: https://immi.homeaffairs.gov.au/what-we-do/whm-program/specified-work-conditions/6-month-work-limitation
- My comments on two of those exceptions:
- At the time I am writing this, employers with multiple locations (offices) can employ WHV holders for 6 months per location. If you do that keep a spreadsheet to record the employee’s work details including name, start date and finish dates of work at each office. Use your records to ensure that WHV workers do not work more than 6 months in any 1 office. An ‘office’ needs to be a real location, and the employee really does have to work there to get the extra 6 months. If in doubt, contact me to discuss you case.
- “working remotely or at home counts as a change in location.” If you plan on using a home office or remote working arrangement do it properly. Document it, and avoid being ‘called into the office’ constantly. Attend office meeting via teleconference (like MS Teams or Zoom). If in doubt about how to do this safely, please contact us for advice.
- Every new visa (be that a new WHV or a bridging visa between WHVs) resets the 6-month work limitation. So, every new visa means the person can go back to their favourite employer for (up to) another 6 months on that visa.
Use VEVO to get official confirmation of work rights (don’t believe the worker, they might be wrong!). Sign up for VEVO here: https://immi.homeaffairs.gov.au/visas/already-have-a-visa/check-visa-details-and-conditions/check-conditions-online
Do a VEVO check on every person who is not an Australian citizen or resident,
- Before they start work
- Every 3 months thereafter (to check their visa has not been cancelled, replaced or overwritten)
Applying for extended work rights
Immigration’s website allows WHV holders to apply to work for longer than 6 months for an employer in two circumstances:
- You have applied for a visa that allows you to work full time, or
- Your employer indicates that your work is critical to them
If you are an Australian employer, I urge you to take control of this process! Every Australian employer has a legal obligation to only employ legal workers. I recommend you put a process in place to ensure that it is
- Done on time (at least 2 weeks before their work rights expire)
- Controlled and driven by you, not the employee
- Records are kept (print a copy of the form before the Submit button is pressed), and
- You are informed of the result by Immigration directly, not via the employee. That is, I think that the employer’s email address should go on the form when it asks for “Email address for all written communication regarding this request”. You will need to complete a form 956A and have the employee sign it; this is worth the effort to maintain control. There is a link to download form 956A on the webpage for the extension (link below).
Important Tips!
- If you might be sponsoring this person in future seek legal advice before completing the form (no exceptions!)
- If the answers you would give under the heading ‘Employer’s details’ admit a breach of work conditions it may be safer to stop employing that person. Seek legal advice.
You can apply here: https://immi.homeaffairs.gov.au/what-we-do/whm-program/specified-work-conditions/WHM-condition-8547-permission-request-form
WHVs for UK Citizens – Special Arrangements
A summary of the new rules applying to UK passport holders is here: https://immi.homeaffairs.gov.au/what-we-do/whm-program/latest-news/arrangements-uk-passport-holders
Caution!
This page is general information only. It is a conversation-starter, not legal advice. This page does not take your circumstances into account. Laws can and do change. If you are employing WHV holders contact me for advice on your case before you omit to a course of action.
