Schedule 8 conditions — how they work
Overview
Schedule 8 of the Migration Regulations 1994 (Cth) contains a comprehensive list of visa conditions that may be, or must be, imposed on various visa subclasses. Conditions are identified by a code number (e.g., condition 8101, 8107, 8202). Each visa subclass specifies in Schedule 2 which conditions are mandatory and which may be imposed. Breach of a visa condition may result in visa cancellation under s 116 of the Migration Act 1958.
Visa conditions define what the visa holder may and may not do while in Australia. Common conditions restrict or regulate work, study, travel, and the requirement to hold health insurance. Conditions are printed on the visa grant notice (or shown in VEVO) and the visa holder is responsible for understanding and complying with them.
Legal basis
- Migration Regulations 1994, Schedule 8 — the full list of condition codes and their content
- Schedule 2 visa criteria — for each visa subclass, specifies mandatory conditions ("conditions that must be imposed") and discretionary conditions ("conditions that may be imposed")
- Migration Act 1958, s 116(1)(b) — the ground for cancellation where the visa holder has not complied with a condition of the visa
How it works
How conditions are imposed
Conditions are attached to a visa at the time it is granted. Schedule 2 for each visa subclass specifies:
- Mandatory conditions — conditions that must be imposed on every grant of the visa
- Discretionary conditions — conditions that may be imposed depending on the circumstances
Conditions are notified on the visa grant notice (formerly the visa label) or through the VEVO system. Holders can check their conditions via the VEVO online portal.
Key Schedule 8 conditions
- 8101 — must not work in Australia (or work only in specified occupations)
- 8104 — may work in Australia for any employer (unrestricted work rights)
- 8105 — may work but not exceed 48 hours per fortnight (common for student visas)
- 8107 — must not change employer or occupation without approval (common for employer-sponsored visas)
- 8501 — must maintain adequate health insurance while in Australia (common for visitor and student visas)
- 8502 — must not enter Australia before a specified date
- 8503 — must not seek to extend stay in Australia (a "no further stay" condition; common on some visitor visas)
- 8525 — must study at a registered provider (for student visas)
- 8201 — may study, but only up to a specified number of weeks (for visitor visas)
- 8202 — must be enrolled in a CRICOS-registered course and maintain satisfactory attendance and progress (student visa condition)
- 8503 — "no further stay" — the holder cannot make another substantive visa application while in Australia (subject to waiver in compelling circumstances)
Consequences of breach
Breach of a visa condition is a ground for cancellation under s 116(1)(b) of the Migration Act. However, cancellation is discretionary — the Department must consider whether to cancel and must give the holder notice and an opportunity to respond before cancelling (s 119). Common breaches include: working over the student visa work-hour limit (condition 8105); working in breach of a "no work" condition (8101); and changing employer without approval (8107 for sponsored workers).
Condition 8503 — no further stay
Condition 8503 is significant because it prevents a visa holder from making a valid application for another visa while in Australia. It is commonly imposed on short-term business and visitor visas to prevent persons from using tourist visas as a de facto migration pathway. A waiver may be granted where there are compelling circumstances beyond the person's control.