Breach of Visa Conditions
Breach of any “work related” visa conditions can result in an offence under the Employer Sanctions Legislation.
Such conditions can include:
- Conditions prohibiting work entirely: the most common condition of this kind is condition 8101 which prohibits any work in Australia.
- Restrictions on amount of work which can be done in Australia: for example, International Students can work only 40 hours per fortnight whilst their course is in session (condition 8105). Working Holiday Makers can only work for a maximum of 6 months for each employer (condition 8547).
- Restrictions on what sort of work can be undertaken: most 457 visas are subject to condition 8107 which allows them to only work for their sponsoring employer in the occupation in which they were nominated. Business visitor visas have condition 8115 which does not allow them to engage in any work which could be done by an Australian citizen or permanent resident.
Not only do businesses need to know whether a non-citizen worker is permitted to work in Australia, they need to understand what kind of work and how much work a person is allowed to do.
Hence, employers need to know which visa conditions apply to each non-citizen worker and what work is permitted.