Working Holiday visa holders can engage in any type of work during their 12-month stay in Australia. However, visa condition 8547 typically limits them to a maximum of 6 months' work with any single employer. Normally, employers needed to seek permission for extended employment beyond this period if the work does not fall under an exemption.

In recent years, particularly since the COVID-19 pandemic, many exemptions have been introduced to provide greater flexibility for both visa holders and employers.

From 1 January 2024, this included allowing Working Holiday visa holders to work for the same employer in Australia for more than 6 months without seeking permission, provided they didn't work in any single location for over 6 months. However, what was unclear was whether working from home or remotely could be considered a different location under this exemption.

This uncertainty now seems to have been clarified by the Department, who indicated on their website that work-from-home arrangements CAN be considered a change in location, potentially allowing visa holders to continue working for the same employer beyond the 6-month limit.

While this interpretation has not yet been formally incorporated into legislation or official policy, it provides employers with a reasonable expectation that extended work-from-home arrangements will not breach visa condition 8547. This development is particularly relevant for professional roles where remote work is common, offering another avenue for employers to seek an exemption from the 6-month work limit.

While this new interpretation offers more flexibility, employers should approach it with an awareness that official policies may evolve, and that ultimately the remote work exemption will need to be reflected in legislation or Department policy.

Given this recent change, employers should:

• Consult with immigration experts or the Department directly if unsure about the application of these exemptions to specific cases.
• Consider remote work options as a potential way to extend employment beyond 6 months, if appropriate for the role.

Document any changes in work arrangements, including shifts to remote work, to demonstrate compliance with visa conditions.