Window into the migration world; Working Holiday Visa traps - 14 July 2026
When I did my Migration Law qualifications one of the lecturers did a weekly ‘blog’ of the work he had done and clients he had helped. I found it really interesting and learned a lot from it. So I thought that something similar might be of interest more generally. The idea is to use the caseload and questions I get through my weekly work to put general and generic information on here that might help others in a similar situation.
As always anything on here is not personal advice and you should always consult a Migration Professional before committing to a visa decision!
July has historically been a pretty quiet month for us. We tend to work through as many applications before the end of the Financial Year as we can. This avoids the fee rise that usually happens at the turn of the year. But it thins out the caseload and then in July people are absorbed by tax returns and refunds so visas tend to be a bit of a lower priority.
This year has been a bit different though – we are running with just as many Initial consultations and enquiries as a usual month. And there have been some interesting cases that have lit up a few pitfalls that people on SC417 Working Holiday Visas can fall into. The following examples are fictional (to preserve confidentiality) but inspired by real cases over the last couple of weeks.
When is Specified Regional work not Specified Regional work?
“Billy” had applied for his second SC417 Working Holiday Visa (WHV). He had worked for 88 days and had been really careful to make sure the work postcode was approved for regional work. He got a job in a construction company. He even checked with his manager and was assured that other people doing the same job had been successful in getting SC417s approved after working there. When he made his application he had a letter of support from the employer vouching for the work they had done and saying how important it was.
Billy’s visa was refused.
The issue was that Billy was working in a construction company but not doing construction work. Instead he was doing admin. To satisfy the requirements for a second visa you need to do the right kind of work, not just work in the right kind of company. Government policy is very clear on this – a receptionist in a mining company is one example they use as someone who would not qualify as having done the specified regional work.
What is the lesson? If you are looking to complete your specified regional work make sure that the work you are doing meets the criteria and don’t just take an employers word for it!
When is six months not six months?
All SC417 WHV holders know about condition 8547, which restricts them to no more than six months with a single employer. Many people also know that this condition ‘resets’ with every visa, so you get a ‘fresh’ six months when you move onto your second and third WHV.
“Bob” was working for an employer when his visa refreshed and he started his new six month allocation. After four months he left and went to work elsewhere. The employer hired him back again though and he started working again. When he reached out to me he had been working with them for a further four months.
The HR department at Bob’s work had been in contact. They said he had breached his visa conditions and needed to stop work immediately. He said he didn’t, he had been working with them for four months and had two more left. They said he had worked for eight months in total so was two months over.
Who was right?
Unfortunately for Bob it was HR. The restriction is per employer, not per engagement. So if you work for an employer and leave that does not reset the six month clock. You count all time working for that employer on that visa, even if you have taken a break.
Lessons learned?
Both ‘Billy’ and ‘Bob’ wanted to do the right thing and neither was trying to do anything unlawful, nor were they trying to cheat the system. They were just unfortunate in getting on the wrong side of the hidden details and complexity in visa rules.
What both cases do show though is that there are very few ‘loopholes’. Immi see thousands of applications a week across all visa classes. Every dodge that you can think of has been tried before and someone, somewhere in Government has worked out how to block it. Generally speaking trying to be clever with visa rules and eligibility is a high risk strategy. And if you do have a situation that looks a little unusual or niche it is often worth the couple of hundred dollars to get a Registered Migration Agent to look at it and give you a view on if it will be accepted or not – better to pay and know in advance than get a shock when you apply for a new visa!
As always this is generic information and should not be relied on as specific migration advice. Information correct at time of going to press but may have changed.
If you would like to discuss your personal circumstances please feel free to get in touch through hello@mcdonaghmigrations.com.au
Andrew McDonagh | Registered Migration Agent | MARN 2418484