Working Holiday to Partner Visa: Does Lodging an 820 Remove the Six-Month Work Limit?
You lodge an 820 partner application, your employer offers another six months, and somebody says the working holiday limit no longer matters. Before celebrating, check the visa currently in effect. Partner visa lodgement does not itself remove condition 8547.
This guide addresses the six-month employment limitation during a transition from a 417 or 462. Complete partner visa eligibility is on our 820/801 page.
Key points before you start
- Lodging an 820 does not itself remove condition 8547.
- Check current exemptions and any permission process before continuing work.
- Read the conditions and commencement of any bridging visa.
Condition 8547 belongs to the visa conditions
Home Affairs publishes guidance on the six-month work limitation for Working Holiday Makers. The rule, exemptions and permission process must be checked against the actual work and circumstances. Do not assume the employer’s willingness to keep you establishes permission.
Keep work permission and relationship eligibility on separate timelines. Our de facto start-date guide addresses the relationship history, while the concurrent visa grant guide explains a different issue if more than one substantive application is pending.
Read the grant notice and VEVO. Identify the visa in effect, the conditions imposed and the dates of employment. A partner application is a separate process; its existence does not automatically rewrite the conditions on a working holiday visa.
Home Affairs also explains that the limitation can apply to a bridging visa where the condition is imposed. Therefore, do not replace one assumption with another by saying every bridging visa necessarily has unlimited work rights.
Count the relevant employment correctly
Use Home Affairs’ current guidance to assess the employment period, employer and any applicable exemption. Complex arrangements involving different work locations, labour hire, related entities or changes of role should not be resolved by guessing which company name looks different enough.
Keep employment dates and relevant arrangements in a clear record. Payslips and contracts can help establish the facts. A new job title alone should not be presented as a legal reset without checking the rules.
Where an exemption may apply, identify the actual published category and evidence supporting it. Avoid relying on an old social media post that may describe a former temporary concession or a different occupation.
Permission is different from an application for permission
Home Affairs provides a process for seeking permission to work longer than six months where appropriate. Read the current eligibility, timing and instructions. Do not assume that merely sending a request always authorises continued work.
If the current guidance provides a particular position while a timely request is assessed, apply its conditions carefully. Keep submission confirmation and any decision. An adviser should explain the exact basis for any work undertaken during that period.
Do not ask an employer to backdate a contract or describe continuous work as a break that did not occur. Correct dates matter both for compliance and for the credibility of information supplied with the partner application.
What changes after an 820 application?
A valid application may lead to a bridging visa grant, but the commencement and conditions need to be checked. Until a different visa is in effect, the existing visa’s conditions remain relevant. When the bridging visa does commence, read that grant as its own document.
If the 820 is later granted, review the new permission and update work arrangements accordingly. Do not treat a hoped-for grant date as an employment entitlement in advance.
Keep three events distinct: partner application, bridging visa grant and commencement, and substantive partner visa grant. A simple chronology helps both the applicant and employer understand when the legal position actually changes.
Keep relationship eligibility separate from work planning
The partner application still needs the relevant spouse or de facto relationship, sponsorship and other criteria. A job offer is not proof of relationship eligibility, and financial urgency does not automatically create an exception to every rule.
For de facto couples, check regulation 2.03A’s duration requirement and any lawful exception, including qualifying registration where applicable. Section 5CB of the Migration Act 1958 still requires the substantive genuine and continuing partnership.
Evidence of the couple’s finances can explain employment and support arrangements. It should accurately describe the work undertaken, rather than smoothing over a condition issue with a relationship narrative.
Plan before the six-month point
Start the assessment early enough to check dates, exemptions and any permission process. Discuss realistic arrangements with the employer once the immigration position is understood. Keep copies of the advice, published basis and relevant permissions.
If the limit may already have been exceeded, obtain advice about the actual facts and obligations. Do not hide employment, alter payslips or assume a later partner visa grant erases an earlier issue. The next step should be accurate and legally informed.
Partner visa requirements: the legal essentials
A partner visa generally requires an eligible Australian citizen, permanent resident or eligible New Zealand citizen partner and satisfaction of the relevant sponsorship rules. The relationship must meet the spouse definition in section 5F or de facto definition in section 5CB of the Migration Act 1958: a genuine, continuing partnership, mutual commitment to a shared life to the exclusion of others, and the required living arrangements. A marriage must be recognised as valid; de facto partners must meet the relevant definition.
Regulations 1.15A and 1.09A address relationship circumstances. Regulation 2.03A sets the usual de facto duration requirement and exceptions, including qualifying prescribed registration. Registration addresses duration, not every criterion. A valid application under section 46 and the relevant Schedule 1 requirements is essential. The applicable Schedule 2 subclass criteria, health, character and other requirements also need assessment. This is a brief orientation; use the linked subclass page for the complete pathway and obtain advice on your circumstances.
A clear path through a personal decision
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Your relationship deserves advice that understands the detail. We look at the legal pathway, the evidence and the practical issues together, so you can make informed decisions about the next step.
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Frequently asked questions
Does lodging an 820 reset the six-month clock?
The lodgement itself does not remove condition 8547. Assess the current visa, employment history and applicable Home Affairs guidance.
Can a bridging visa have condition 8547?
Home Affairs identifies that the limitation can apply where imposed on a bridging visa. Read the actual grant and check when it is in effect.
Can I rely on an employer saying the exemption applies?
The employer can provide useful employment facts. The immigration rule and evidence still need checking against current official guidance and your circumstances.
Talk through your next step
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Official sources and further reading
Sources checked on . Read the provisions and guidance applicable to your particular application and circumstances.
Featured photograph: Lauren Mancke / Unsplash. Illustrative stock image, not a client photograph.
General information only, not individual legal advice. Requirements and policy can change, and eligibility depends on the facts and applicable law. Examples are fictional and do not describe a client outcome. No visa result or processing timeframe is guaranteed. Obtain appropriate legal, medical, tax, financial or property advice where relevant to your circumstances.
