Migration Regulations 1994

The applicant satisfies the criteria in subclauses (2), (4), (5) and (6).

However:

subclause (2) does not apply if:

the applicant is in Australia; and

when entering Australia, the applicant held a working holiday eligible passport of the kind, or of one of the kinds, specified in a legislative instrument made by the Minister for the purposes of subclause (2); and

the passport expired after the applicant entered Australia; and

the applicant does not need to satisfy the criteria in subclauses (5) and (6) if the applicant holds a passport of a kind specified by the Minister in a legislative instrument made for the purposes of subitem 1225(3BA) of Schedule 1; and

the applicant does not need to satisfy the criteria in subclauses (5) and (6) if:

the application is made between 5 March 2022 and 31 December 2022; and

the applicant holds or held an onshore COVID‑19 affected visa; and

the applicant has not been granted a Subclass 417 (Working Holiday) visa on the basis of another application made on or after 5 March 2022.

The applicant holds a working holiday eligible passport of a kind specified in a legislative instrument made by the Minister for the purposes of this subclause.

The Minister is satisfied that the applicant:

seeks to enter or remain in Australia as a genuine visitor whose principal purpose is to spend a holiday in Australia; and

has sufficient money for:

the fare to the applicant’s intended overseas destination on leaving Australia; and

personal support for the purposes of a working holiday; and

has a reasonable prospect of obtaining employment in Australia; and

will not be accompanied by dependent children during his or her stay in Australia.

If the applicant has held only one Subclass 417 visa in Australia, the Minister is satisfied that:

the applicant has carried out a period or periods of specified Subclass 417 work as the holder of the visa; and

the total period of the work carried out is at least 3 months; and

the applicant has been remunerated for the work in accordance with relevant Australian legislation and awards; and

the work was not carried out for an excluded employer.

If the applicant has held 2 Subclass 417 visas in Australia, the Minister is satisfied that:

the applicant has carried out a period or periods of specified Subclass 417 work; and

the total period of that work is at least 6 months; and

all of that work was carried out while the applicant held:

the second Subclass 417 visa; or

a bridging visa that was in effect and was granted on the basis of the application for the second Subclass 417 visa (made at a time when the applicant held the first Subclass 417 visa); and

all of that work was carried out on or after 1 July 2019; and

the applicant has been remunerated for that work in accordance with relevant Australian legislation and awards; and

that work was not carried out for an excluded employer.

A reference in subclause (5) or (6) to a Subclass 417 visa does not include a reference to a COVID‑19 affected visa.