WHM visas: Critical COVID-19 work anywhere in Australia after 31 January 2020 accepted as specified work

In response to the coronavirus pandemic, the government registered two new instruments amending the definition of specified work for Subclass 417 – Working Holiday visa holders and specified Subclass 462 work for Subclass 462 – Work and Holiday visa holders. These changes will allow critical COVID-19 work in the healthcare and medical sectors anywhere in Australia as counting towards a second or third working holiday visa.

Working Holiday Maker (WHM) visa holders, Subclass 417 – Working Holiday visa and Subclass 462 – Work and Holiday visa, must complete three or six months of specified work prior to meet a key criterion for their second or third WHM visa, respectively. The need to move to a regional area to pick fruit or assist on a farm is seen as a rite of passage for many and no doubt adds, some would say either positively or negatively, to their experience of Australia.

The definition of what is considered specified work and where has changed to account for the upheaval that 2020 has thrown up. Firstly, bushfire relief work was added with their own defined areas of Australia, and not unsurprisingly the recognition that WHMs assisting with COVID-19 is now also recognised.

New legislative instruments amending specified work and places for 417 visas and specified work and areas for 462 visas are in force from today. Any critical COVID-19 work in the healthcare and medical sectors regardless of where in Australia this was done will count towards specified work for both visas.

Critical COVID-19 work does not have an exact definition but rather includes but is not limited to: medical treatment, nursing, contact tracing, testing and research; and support services such as cleaning of medical and health care facilities and equipment. This work must have been undertaken after 31 January 2020. The Explanatory Memorandum to both instruments is clear that it can only count for 417 or 462 visa applications lodged from today. Unlike bushfire relief work, this work appears to exclude volunteer work so evidence of payment is likely to be necessary to demonstrate meeting the criteria.

Furthermore, the instruments have amended the definition of bushfire relief work. This is because of a drafting error previously highlighted has been corrected by inserting that any bushfire recovery work must have occurred after 31 July 2019 for 462 visa holders.

At least for now the common experience of WHMs needing to head to regional areas to do specified work has changed due to current and unexpected circumstances. For those living in a lockdown area, the idea of moving was an impossibility anyway.