Changes to the Working Holidaymakers

The Government announced some important changes to the Working Holidaymaker Scheme on 15 February 2005.

These changes are that a Working Holidaymaker:

• should intend only to take employment incidental to a holiday and not to engage in business, or to provide services as a professional sportsperson, and in any event not work for more than 12 months during their stay; and
• is a national or citizen of a Commonwealth country (except for Lesotho) or a British Overseas Citizen; a British Overseas Territories Citizen; or a British National (Overseas); and
• may now only switch into employment in the following categories: Innovators, Highly Skilled Migrant Programme or Work Permit employment, if the occupation is on the list of designated shortage occupations maintained by Work Permits (UK).

The first two changes will become effective for all working holidaymakers whose entry clearance was obtained on or after the 8 February 2005. All working holidaymakers who obtained entry clearance prior to 8 February will be able to work as a working holidaymaker under the previous rules and conditions.

The amendment in relation to switching will become effective for all In-Country Further Leave to Remain applications, which have been submitted on or after 8 February, regardless of when the working holidaymaker obtained entry clearance.

There is a transitional arrangement, which allows all work permit applications submitted prior to the 8 February for which a subsequent FLR(IED) application has yet to be made, or decided, to still be considered under the old Immigration Rules.

This also means that any working holidaymaker for whom a work permit application is received on or after 8 February will now only be allowed to switch into work permit employment if they have been in the UK for at least 12 months, as a working holidaymaker, and the vacancy is one listed on the work permit shortage occupation list.