In Australian immigration law, a visa condition is a legal requirement or restriction attached to a visa by the Australian Government. These conditions regulate what a visa holder can and cannot do while in Australia.
They may limit work rights, study entitlements, or travel arrangements, and can also impose obligations such as maintaining adequate health insurance or notifying the Department of any change in personal circumstances.
If you hold a Subclass 482 (Skills In Demand) visa, it is essential that you clearly understand Visa Condition 8607.
Condition 8607 is a mandatory visa condition imposed on all primary holders of the Subclass 482 visa. It sets out specific obligations that visa holders must comply with to maintain the validity of their visa while in Australia.
To comply with Visa Condition 8607 and protect your 482 visa, you must generally follow four core rules:
Taking Leave Without Pay (LWOP) for sick leave, parental leave, or personal leave does not automatically mean you have “ceased employment,” so it does not necessarily trigger your 180-day countdown.
However, the Department expects LWOP to generally not exceed 3 months unless it is protected under Australian workplace laws (like maternity leave) or exceptional circumstances. Your employer must formally approve the leave in writing.
Condition 8607 gives you more freedom than ever before, but it also carries severe penalties if misunderstood. Exceeding your 180 consecutive days without an approved nomination—or performing the wrong duties without authorization—can result in your visa being cancelled under Section 116 of the Migration Act.
If you have lost your job, want to change sponsors, or are unsure if your current duties breach your visa conditions, you need expert advice immediately.
Yes. This is another massive benefit of the new legislation. While you are officially “ceased” from your sponsoring employer and searching for a new sponsor during your 180-day window, you are legally allowed to work for other employers to support yourself financially.
No. Your employer must lodge a new nomination, and you must lodge a new visa application for that specific occupation. You cannot begin the new duties until both the new nomination and visa are officially approved.
Yes, it is mandatory for a visa holder to comply with Condition 8607. Failure to comply with visa condition 8607 may result in the cancellation of the visa.
In most cases, visa conditions (such as work hour limits or study requirements) cannot simply be removed. However, for certain conditions—like the 8503 “No Further Stay” condition—you can apply for a formal “waiver.” You will generally only be granted a waiver if you can prove that a major, compelling, and compassionate change in circumstances happened after your visa was granted, which was completely out of your control (such as a severe medical emergency).
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