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 comment on one 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.
• 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)

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.