WHV 6-Month Work Limitation (Condition 8547)
A maximum of 6 months per employer — based on official criteria, we explain what counts as 'one employer', which industries let you keep working without permission, and when it pays to lodge your permission request.
What Condition 8547 is — 6 months per employer
Condition 8547, known as the '6 month work limitation', is automatically attached to the Working Holiday visa (subclass 417) and the Work and Holiday visa (subclass 462). The core rule is simple — <strong>as a rule, you need prior written permission from Home Affairs to work for the same employer for more than 6 months</strong>. However, there is a broad set of automatic exceptions where no permission is needed, and the outcome of a permission request depends heavily on timing, so it is important to know the rules precisely.
- The unit of the limitation is not your visa period as a whole but 6 months per employer. There is no limit on the total number of months you work during your working holiday; only your period of work with any one employer is controlled. When you change employers, the count with the new employer starts again from zero.
- The form of work does not matter. Full-time, part-time, casual and shift work all count, and unpaid voluntary work is also included in the calculation. The count is not a total of the hours or days you worked — it is the number of months that have passed since the day you started work. Whether you work only two days a week, or take a break and come back, the time passes just the same.
- The limitation applies per visa. If you are granted a new second or third Working Holiday visa, you can work another 6 months for the same employer. In other words, even at a workplace where you used up 6 months on your first visa, you can continue working on a fresh count once your second visa is granted.
- Working beyond 6 months without permission or an exception is a breach of your visa condition. A breach of condition can be grounds for visa cancellation under s.116 of the Migration Act 1958, and a cancellation record can count against you across future Australian visa applications.
How the 6 months is counted — 5 tests for 'one employer'
1. Employer unit = the legal entity (company / ABN)
'One employer' is determined by the legal party to your employment contract, not by the shop name or brand. The starting point is to confirm who your employer is from the business name and ABN (Australian Business Number) on your employment contract and payslips.
2. Multiple branches — same entity, combined count
Even if you move from a company's Sydney branch to its Melbourne branch, it counts as one employer if the operating entity is the same. However, if your work locations are different and you work no more than 6 months at each location, you may fall under the automatic exception that lets you keep working without permission (see Section 3).
3. Franchises — a different entity is a separate employer
Even between stores of the same brand, if each store is run by a different franchisee entity, they are separate employers. Judge by whether the ABN on your payslip has changed, not by the brand signage. Conversely, moving between company-owned stores is likely to be the same entity, so those periods are combined.
4. Labour hire — counted by the workplace you work at, not the agency
Even if you work through a labour hire agency, the 'employer' for Condition 8547 is not the agency — it is the workplace where you actually do the work (the farm, factory, hotel and so on). Home Affairs states that if an agency places you with one business you can work 6 months at that business, and if the same agency places you with a different business you can work another 6 months there. So even with the same agency, when the workplace you are placed with changes, the count starts again for each workplace. Conversely, you cannot get past 6 months by changing only the agency, the related entity or the subcontracting structure while continuing to work in the same position at the same workplace — that kind of workaround is not accepted.
5. Counted per employer — multiple employers in parallel is fine
Because the limitation applies to each employer separately, even if you work at two or three places at the same time, each employer has its own separate 6-month count. For example, if you work at cafe A in the mornings and restaurant B on weekends, the two counts do not affect each other.
Automatic exceptions — keep working without permission
- Work spread across multiple locations — Even with the same employer, if you work at different locations and your work at any one location does not exceed 6 months, you can keep working without separate permission. A typical example is moving between regions while working for a company with worksites across the country.
- Plant and animal cultivation — Cultivation and animal-rearing work in agriculture, such as fruit picking, crop growing and livestock work, requires no permission to work beyond 6 months with the same employer anywhere in Australia.
- Nationally designated industries — Work in government-designated industries such as food processing, health, aged care and disability services, childcare, and tourism and hospitality has been covered by the exception Australia-wide. However, this designated list can be adjusted over time, so before you start work, always check the latest list on the '6 month work limitation' page at immi.homeaffairs.gov.au.
- Northern Australia-only industries — In Northern Australia, working more than 6 months with the same employer is allowed only in fishing and pearling, tree farming and felling, construction, and mining. Agriculture, food processing, health, aged care, disability services, childcare, tourism and hospitality are not on this list — they come under the nationwide exceptions above and apply anywhere in Australia, so location is not a factor for them. The extent of Northern Australia is fixed not by the rough description 'north of the Tropic of Capricorn' but by the list of postcodes published by Home Affairs — all of the NT is covered, while in QLD and WA only the specified postcodes are, so check your workplace postcode yourself against the '6 month work limitation' page on immi.homeaffairs.gov.au.
- Natural disaster recovery work — If you are engaged in recovery work for a declared disaster such as floods or bushfires, you can also work beyond 6 months without permission.
If you keep working on the basis that an exception applies, keep written records of your grounds (industry, work locations, period at each location) so you can prove them yourself. Responsibility for complying with the condition rests with the visa holder, not the employer — 'my manager said it was fine' is not evidence. If you are unsure, checking directly with Home Affairs is the safe option.
Action checklist for managing the 6 months
- When you start a job, check and record the legal employer name and ABN from your employment contract and first payslip
- Record your start date, work out when you will hit the 6-month mark, and set a calendar reminder at least 30 days beforehand
- Check whether you are directly employed or on labour hire — even on labour hire, the 6-month count is based on the host workplace you are placed with, not the agency, and changing only the agency while continuing at the same workplace is not accepted as a way around it
- Check whether your industry and work region fall under an automatic exception on the 6 month work limitation page at immi.homeaffairs.gov.au
- If no exception applies but you want to keep working, submit the Home Affairs online permission request form before you reach 6 months
- Keep your permission request receipt and the decision in writing (e.g. by email), and check your visa conditions themselves regularly in VEVO
- Refuse suggestions like 'let's keep going cash in hand' or 'we'll dismiss you on paper and rehire you' — work counts regardless of how you are paid, and the breach risk falls on you
- If your situation is complicated, consult an OMARA registered migration agent; for wage or unfair dismissal issues, contact the Fair Work Ombudsman
Permission requests and timing
If no automatic exception applies but you have reasons to work beyond 6 months with the same employer, you can request written permission from Home Affairs through the online permission request form at immi.homeaffairs.gov.au. Home Affairs publishes two grounds on which permission may be granted — (1) you have already applied for a visa that allows ongoing full-time work and are waiting on the outcome, or (2) your work is critical to your employer (in which case you must <strong>attach a letter of support from your employer to your request</strong>). If neither applies to you, permission is unlikely. Also, <strong>whether you can work while the request is being assessed depends on whether you applied before or after reaching the 6-month mark.</strong>
Applying BEFORE reaching 6 months
If you request permission before your 6 months ends, you can keep working for the same employer while the request is being assessed. This is the safest path, so if it looks likely you will continue, submit the request well ahead of the date you will reach 6 months (several weeks in advance).
Applying AFTER the 6 months has already passed
If you apply after the 6 months has passed, you must immediately stop working for that employer until permission is granted. Continuing to work during the assessment means the breach of condition continues, increasing the cancellation risk. 'Just lodge the form and you can keep working' does not apply to after-the-fact applications.
When an automatic exception applies
If you fall under one of the exceptions in Section 3, no permission request is needed at all. Instead, organise the evidence for the exception — your industry, work locations, and the period worked at each location — so it can be substantiated with payslips, rosters and the like. You should be able to present it as-is if a visa assessment or verification request comes later.
When an employer exploits the confusion
A known pattern is dismissing you just before the 6-month mark, then steering you into unauthorised work with lines like 'let's keep going cash in hand' or 'we've taken care of it'. Cash payment still counts as work, so the cost of the breach lands on your visa, not on the employer. That said, there are protections for visa holders who report exploitation, so do not be afraid to report it — Home Affairs currently points to the Strengthening Reporting Protections Pilot, which protects you from cancellation for work-related visa condition breaches connected to exploitation, and the Workplace Justice visa (subclass 408), which lets you extend your stay while you resolve the problem. The protections come with requirements, such as confirmation of the exploitation by a participating body or an accredited third party and an undertaking to comply with your visa conditions in future, and the arrangements can change — so before you report, check which protections currently apply on the 'Workers rights and visa reporting protections' page at immi.homeaffairs.gov.au.
Permission is not automatic and can be refused. Working beyond 6 months without permission or an exception can be grounds for visa cancellation under s.116 and can count against future visa applications. Act only on a written reply from Home Affairs — never on your employer's verbal assurances.
Frequently Asked Questions
Does the 6 months count the same even if I only work part-time, 2–3 days a week?
Yes. Full-time, part-time, casual, shift work and unpaid volunteering are all included. Home Affairs states that the 6 months is calculated as the number of months that have passed since the day you started work, not by counting the hours or the number of days you worked. So even if you only work a few days a week the period runs the same way, and the clock does not stop while you take a break. This limitation applies to each visa separately, so a new Working Holiday visa starts a fresh 6 months. Check immi.homeaffairs.gov.au for exactly how your individual situation is assessed.
If I move to a different store of the same franchise brand, does the 6 months start over from scratch?
If the store is run by a franchisee with a different operating entity (ABN), it is a separate employer, so a new 6-month period begins. By contrast, moving between company-owned stores operated by the same entity is combined — although if the work locations differ and you work no more than 6 months at each location, the multiple-locations exception may apply. What matters is the ABN on your payslip, not the sign above the door.
If I get a second or third visa, can I work another 6 months for the same employer?
Yes. The limitation applies per visa, so once a new second or third Working Holiday visa is granted, you can work another 6 months for the same employer. Note that long-term work on the same farm is a separate question from the 8547 exception for plant and animal cultivation — you need to check separately whether it satisfies the 88 days of specified work required for a second visa. See the 88-day second visa guide for the detailed criteria.
If I quit briefly just before the 6-month mark and get rehired, does the count reset?
No. Periods of work with the same employer are added up cumulatively, so even if you take a break of days or weeks and come back, the earlier period still counts. You cannot wind the count back with an 'on-paper dismissal and rehire', and offers like this can actually be a sign that the employer is trying to game the system — do not go along with them.
What should I do if I only found out later that I had already worked past 6 months?
Stop working for that employer as soon as you find out, and organise your work records (start date, payslips, the business name and ABN). You can still lodge a permission request afterwards, but you cannot work until permission is granted. It is safest to discuss voluntary correction and your strategy from there with an OMARA registered migration agent. If exploitation such as wage underpayment is involved, report it to the Fair Work Ombudsman (13 13 94) and, at the same time, check on immi.homeaffairs.gov.au whether the reporter protections currently in operation (the Strengthening Reporting Protections Pilot and the Workplace Justice visa 408) may apply to you.