Update on Work Rights for Working Holiday Makers in Hospitality

The Department have now clarified that Working Holiday (subclass 417) and Work and Holiday visa holders (subclass 462) in the hospitality and tourism are permitted to work for more than 6 months in one location and/or employer without needing to ask for permission from the Department of Home Affairs.

This took effect from 8 May 2021 however was not fully clarified until 30 June 2021 on the Department’s website for Working holiday makers: https://immi.homeaffairs.gov.au/what-we-do/whm-program/specified-work-conditions/6-month-work-limitation

Whether or not a business is in the Tourism and Hospitality sector is determined by the Australian and New Zealand Standard Industrial Classification (ANZSIC) system.  Businesses can check this on their initial details when they first registered for an ABN to double confirm – this information is not published publicly for each business.

This includes roles and companies whose primary purpose is to directly provide a service to tourists.

Please contact your Ajuria advisor if you have any questions.

DISCLAIMER This information is current as of date of publication and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

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