Visa Conditions Employers Should Know About

Visa Conditions are a set of rules that can apply to a number of visa subclasses in Australia.  Individuals must comply with their conditions for the duration of their visa or face consequences, such as cancellation of their visa and having to leave the country.

It is also important for employers to ensure their temporary resident employees hold the correct visa conditions to work lawfully in Australia or face the possibility of penalties from the Government.

Employers need to be aware of any work related conditions they employees may hold.  Things they should look out for are:

  • What kind of work their employee can do
  • Who their employee can work for
  • How much work an employee is allowed to do in a week.

Breach of any “work related conditions” can result in an offence.   Such conditions can include:

Conditions Prohibiting Work Entirely

Some visa conditions do not allow an individual to partake in any work or business activity on their visa in Australia, such as:

  • Condition 8101: No Work

Restrictions on amount of work which can be done in Australia

Some individuals can work in Australia, but only for a certain amount of time.

  • Condition 8105: Only allows International Students to work for a maximum of 40 hours in a fortnight.
  • Condition 8547: Only allows Working Holiday Makers to work for an employer for a maximum of 6 months.

Restrictions on what sort of work can be undertaken

Some individuals can work full time in Australia, but only under specific circumstances, such as:

  • Condition 8107: 457 Visa holders can only work for their sponsoring employer under the occupation they were nominated under.
  • Condition 8115: Business Visitor Visas are not allowed to partake in work that can be completed by an Australian citizen or permanent resident.

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