migrationagent.org

417 specified work evidence in 2026: payslips, Form 1263 and what officers verify

What a 417 second or third visa specified work file must show: payslips, a correctly signed Form 1263, and how ABN, days, postcode and pay are checked.

2026-10-12

For a second or third Subclass 417 (Work and Holiday visa), specified work is proved by two documents working together: pay records, and a Form 1263 employment verification signed by the person who actually employed you. Under Migration Regulations 1994 Schedule 2 Part 417 and the Department of Home Affairs policy guidance (PAM3), a decision maker reading that file concentrates on four data points — the employer's ABN, the number of days worked, the postcode of the worksite, and whether the pay met the required minimum.

What evidence actually proves specified work?

Specified work after 1 December 2015 must have been paid. That single rule drives the document list: if the work was paid, there is a pay record, and the pay record is the primary evidence.

  • Payslips — originals or certified copies covering the period you are claiming.
  • Form 1263 (Employment verification) — completed and signed by the employer.
  • Supporting records where the employer's own records are thin — tax records, bank statements showing wage deposits, rosters, or a contract.

The two are not interchangeable. A payslip shows money moved; Form 1263 shows who engaged you, where the work happened, and over what dates. A file with one but not the other is the most common reason a decision maker has to come back for more.

Why must Form 1263 be signed by the actual employer?

Because the signature is what makes the form verifiable. The form has to come from the entity that engaged and paid you. A backpacker organisation, hostel, or labour-hire booking agent cannot sign it on the employer's behalf — the only exception is where that organisation was itself the labour supplier and actually paid your wages, in which case it is the employer for this purpose.

This matters in practice. Where accommodation providers routinely connect workers with farms, a form signed by the hostel rather than the grower names an entity that never paid anyone, and the ABN attached to it will not line up with the payslips.

How are the 88 days counted?

Policy reads the "3 months" in clause 417.211(5) as 88 days. A third visa requires 6 months of specified work, and that work must have been done during the second visa period or a related bridging visa period, counted from after 1 July 2019 (clause 417.211(6)).

The counting rules that catch people out:

  • Days are counted once. Weekend work and shift work count, but no single day can count as more than one day.
  • Part-time and casual work counts only for the days actually worked. There is no conversion of part-time hours into full-time days.
  • What counts as full-time equivalent is set by the standard for that industry, not by the hours you happened to prefer.
  • The work must also be a specified type — assessed by industry classification, with agriculture, mining and construction among the categories — and located in regional Australia.

Assume an applicant who worked three days a week at a vineyard for six months. The calendar span is roughly 180 days; the countable figure is the number of days actually worked, not half of 180 by some other formula, and not 88 by default.

What does the officer check on the employer side?

Three checks run against the documents, and a fourth against the pay rate.

Checked What it tests Where it comes from
ABN The employer is a real, identifiable business Form 1263 and payslip details
Days worked Whether 88 days (or the third-visa equivalent) are met Payslip dates, Form 1263 dates
Postcode Whether the site is in regional Australia Worksite location, not the employer's office address
Pay rate Whether remuneration met the minimum Payslip hourly rate vs. the published minimum

The postcode point is worth restating: eligibility follows the location of the work, so a business headquartered outside a regional postcode still counts if the work itself was performed at a regional site, and a regional-headquartered business does not count for shifts performed outside it. Regional Australia is defined by postcodes set out in a legislative instrument, so the list in force at the time should be checked against the current published instrument.

Decision makers may also contact the employer directly to confirm the engagement.

How closely is the pay rate examined?

The pay assessment is described in policy as a "light touch" check. The rate on the payslips is compared with the minimum wage — the guidance refers to comparison against the Fair Work Ombudsman pay calculator — rather than audited line by line. Where there is an apparent underpayment, the matter can be referred to the Fair Work Ombudsman.

For reference, the guidance records the 2015–16 minimum at AUD 17.29 per hour, with casual loading of 25% on top. That figure is a historical reference point; the rate applying to your period of work should be confirmed against the latest published minimum wage, because the instrument and the award rates move independently of the visa rules.

Being underpaid does not automatically validate the claim, and it does not automatically invalidate it either. It does mean the officer has to look harder at whether the engagement meets the remuneration requirement at all.

What happens if the employer denies the work, or other adverse information arrives?

This is where the procedure shifts from checking to natural justice. If adverse information comes from a third party — for example, the employer named on Form 1263 later denies the engagement — the decision maker must put that information to the applicant under section 56 of the Migration Act 1958 and give 28 days to respond.

The same 28-day mechanism applies where the application is simply incomplete, including where the employer's records are too poor to verify the claim and further information is needed. If an applicant explains why the 28 days cannot be met, a further 7 days may be allowed. Once the response period closes and all reasonable sources have been checked, a decision is made on the material available — which, if the specified work requirement is not satisfied, means refusal.

The practical consequence: the window to fix a gap is the one the department opens, not one you get to choose later. A file that already contains consistent payslips, a properly signed Form 1263 and matching dates rarely needs that window at all.

Where does this sit in the decision process?

Applications that meet every objective criterion and need no health assessment can be granted automatically by the system. Where specified work has to be assessed, or where something is flagged, the file goes to manual processing — and manual processing is where the s.56 request, the employer contact, and the pay comparison happen. Poor records or a mismatch between the ABN, the dates and the postcode are what move a file out of the automatic stream.

This article describes how the criteria and procedures are written and applied in general terms. It is general information, not advice on any individual's circumstances, and the instruments, postcode lists and wage rates in force should be checked against current official publication before anyone relies on them.

Frequently Asked Questions

Do I need payslips if the work was unpaid or in exchange for accommodation? Specified work performed after 1 December 2015 must have been paid, and payslips are the required evidence for it. Work done in exchange for board or lodging without wages does not meet the remuneration requirement, regardless of how many days it lasted.

Can a hostel or backpacker organisation sign my Form 1263? Only if it was the labour supplier that actually paid your wages. Otherwise the form must be signed by the business that engaged you, and the ABN on it should match the entity named on your payslips.

Does the postcode follow my employer's address or the farm? The worksite. Regional eligibility is determined by the postcode where the work was performed, not the location of the employer's registered or head office.

What if my employer denies I ever worked there? Adverse information from a third party must be put to you under section 56, and you get 28 days to respond with your own evidence. A further 7 days may be allowed if you explain why 28 days is not enough.

How many days do I need for a second 417 visa? Policy treats the "3 months" in the regulations as 88 days. Part-time and casual work counts only for the days actually worked, and no single day can be counted twice.

What if my employer's records are incomplete or the business has closed? The decision maker can request further information from you, and the same 28-day response process applies. Bank statements showing wage deposits, tax records and rosters can help bridge the gap where the employer side is missing.

Will underpayment ruin my application? The pay check is a "light touch" comparison against the minimum wage, and an apparent underpayment may be referred to the Fair Work Ombudsman. It does not by itself decide the application, but it does invite closer scrutiny of whether the engagement meets the requirements.

References

Stuck on a case?

Ask about your case

Tell us what you are applying for and where you are stuck. You will get a plain answer about what the application has to prove — not a sales pitch.

Ask MigrationAgent.org

General information, not immigration advice for your case.

Contact

Ask about your case

Tell us what you are applying for and where you are stuck. You will get a plain answer about what the application has to prove — not a sales pitch.

Include: the destination, the visa or route you are on, your current status, and any deadline or refusal you are working against. That is enough to give you a straight answer about what the application has to prove.

General information, not immigration advice for your case.