Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:13_9205
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 13 cl 9205
Character Range: 2604667–2606868

9205  Transitional provision—applicants for second Subclass 417 visas who carried out specified Subclass 417 work under COVID‑19 pandemic event visas

Scope of this clause
 (1) This clause applies in relation to an application (the second 417 application) for a Subclass 417 (Working Holiday) visa made on or after 14 November 2020, if:
 (a) the applicant has held only one Subclass 417 (Working Holiday) visa (the first 417 visa) in Australia; and
 (b) before the day (the second 417 application day) the second 417 application is made, the applicant carried out specified Subclass 417 work as the holder of:
 (i) an eligible 408 visa; or
 (ii) a bridging visa that was in effect and granted on the basis of an application for an eligible 408 visa; and
 (c) some or all of that work was special Subclass 417 work.

Work under COVID‑19 pandemic event visas to be counted for purposes of second 417 application
 (2) The following provisions apply in relation to the work mentioned in paragraph (1)(b) of this clause in the same way as those provisions apply in relation to specified Subclass 417 work that the applicant carried out as the holder of the first 417 visa:
 (a) paragraph 1225(3B)(c) of Schedule 1;
 (b) paragraph 417.211(5)(a) of Schedule 2.

When second 417 visa is in effect
 (3) If, on the second 417 application day, the applicant holds an eligible 408 visa, then a Subclass 417 (Working Holiday) visa granted on the basis of the second 417 application is a temporary visa permitting the holder to travel to, enter and remain in Australia until 12 months after the date that the eligible 408 visa would have otherwise ceased to be in effect.
 (4) Subclause (3) has effect despite clause 417.511 of Schedule 2.

Meaning of eligible 408 visa
 (5) For the purposes of this clause, an eligible 408 visa is a COVID‑19 pandemic event 408 visa granted on the basis of an application made:
 (a) while the applicant held the first 417 visa; or
 (b) within 28 days after the day when the first 417 visa ceased to be in effect; or
 (c) while the applicant held an earlier eligible 408 visa; or
 (d) within 28 days after an earlier eligible 408 visa held by the applicant ceased to be in effect.