Who Else Wants to Get To Australia … As Quickly and Painlessly as Possible?Take a look around this site "Is Australian immigration right for you? Explore the wealth of information on this site, and discover how your situation might fit with a move to Australia." Whether you seek permanent residency, an extended work stay, or dozens of other possibilities, we’ll carefully guide you in the most appropriate and efficient way to achieve your goal. Because we know the process so well, we can help you avoid the costly, time-consuming mistakes most people make in this complex endeavor. Conditions Put On Visas, Pre and Post Decision
This applies to all visas. Visa conditions are imposed either during visa processing or at time of decision.
Each visa condition is open to different legal and policy interpretations that rest on the facts of each specific case. Here's what the legislative codes mean: Visa Conditions Condition: 8101 The holder must not engage in work in Australia. Condition: 8102 The holder must not engage in work in Australia (other than in relation to the holder's course of study or training). Condition: 8103 The holder must not receive salary in Australia without the permission in writing of the Secretary. Condition: 8104 The holder must not engage in work for more than 20 hours a week while the holder is in Australia Condition: 8105 (1) Subject to subclause (2), the holder must not engage in work in Australia for more than 20 hours a week during any week when the holder‚''s course of study or training is in session (2) Subclause (1) does not apply to work that was specified as a requirement of the course when the course particulars were entered in the Commonwealth Register of Institutions and Courses for Overseas Students. Condition: 8106 The holder must engage in work in Australia only if the work is relevant to the conduct of the business, or performance of the tasks, specified in the visa application. Condition: 8107 The holder must not: (a) if the visa was granted to enable the holder to be employed in Australia: (i) cease to be employed by the employer in relation to which the visa was granted; or (ii) work in a position or occupation inconsistent with the position or occupation in relation to which the visa was granted; or (iii) engage in work for another person or on the holder‚''s own account while undertaking the employment in relation to which the visa was granted; or (b) in any other case: (i) cease to undertake the activity in relation to which the visa was granted; or (ii) engage in an activity inconsistent with the activity in relation to which the visa was granted; or (iii) engage in work for another person or on the holder‚''s own account inconsistent with the activity in relation to which the visa was granted. Condition: 8108 The holder must not be employed in Australia by any 1 employer for more than 3 months, without the prior permission in writing of the Secretary. Condition: 8109 The holder must not change details of times and places of engagements specified in the application to be undertaken in Australia during the visa period, without the prior permission in writing of the Secretary. Condition: 8110 The holder: (a) must not engage in work in Australia except in the household of the employer in relation to whom the visa was granted; and (b) must not work in a position or occupation inconsistent with the position or occupation in relation to which the visa was granted; and (c) must not engage in work for another person or on the holder‚''s own account while undertaking the employment in relation to which the visa was granted; and (d) must not cease to be employed by the employer in relation to which the visa was granted, unless paragraph (e) applies; and (e) except with the written permission of the Foreign Minister, must not remain in Australia after the permanent departure of that employer. Condition: 8111 The holder must not: (a) perform work in Australia except in the household of the employer who is the holder's sponsor in relation to the visa; or(b) remain in Australia after the permanent departure of that employer. Condition: 8112 The holder must not engage in work in Australia that might otherwise be carried out by an Australian citizen or an Australian permanent resident. Condition: 8201 While in Australia the holder must not engage, for more than 3 months, in any studies or training. Condition: 8202 (1) The holder (other than the holder of a Subclass 560 (Student) visa who is an AusAID student or the holder of a Subclass 576 (AusAID or Defence Sector) visa) must meet the requirements of subclauses (2) and (3). (2) A holder meets the requirements of this subclause if: (a) the holder is enrolled in a registered course; or (b) in the case of the holder of a Subclass 560 or 571 (Schools Sector) visa who is a secondary exchange student ‚'' the holder is enrolled in a full-time course of study or training. (3) A holder meets the requirements of this subclause if: (a) in the case of a holder whose education provider keeps attendance records ‚'' the Minister is satisfied that the holder attends for at least 80% of the contact hours scheduled: (i) for a course that runs for less than a semester ‚'' for the course; or (ii) for a course that runs for at least a semester ‚'' for each term and semester of the course; and (b) in any case ‚'' the holder achieves an academic result that is certified by the education provider to be at least satisfactory: (i) for a course that runs for less than a semester ‚'' for the course; or (ii) for a course that runs for at least a semester ‚'' for each term or semester (whichever is shorter) of the course. (4) In the case of the holder of a Subclass 560 visa who is an AusAID student or the holder of a Subclass 576 (AusAID or Defence Sector) visa ‚'' the holder is enrolled in a full-time course of study or training. Condition: 8203 The holder must not change his or her course of study, or thesis or research topic, unless approval is given by the Minister after the Minister has obtained an assessment from the competent Australian authorities that the holder is not likely to be directly or indirectly a risk to Australian national security. Condition: 8204 The holder must not undertake or change a course of study or research, or thesis or research topic, for: (a) a graduate certificate, a graduate diploma, a master's degree or a doctorate; or (b) any bridging course required as a prerequisite to a course of study or research for a master's degree or a doctorate; unless approval is given by the Minister after the Minister has obtained an assessment from the competent Australian authorities that the holder is not likely to be directly or indirectly a risk to Australian national security. Condition: 8205 If the holder is at least 11 years of age and: (a) is from a country other than a country that is designated, by Gazette Notice, as a country in relation to which this condition does not apply; and (b) intends to study in a class-room environment for a period greater than 4 weeks; the holder must, before commencing that study, pass a chest X-ray examination carried out by a medical practitioner who is qualified as a radiologist. Condition: 8206 (1) Subject to subclause (2), the holder must not change his or her enrolment from enrolment in a course offered by an education provider (the first education provider) to enrolment in a course offered by another education provider: (a) if the course offered by the first education provider is for 12 months or more ‚'' within the first 12 months of that course; or (b) if the course offered by the first education provider is for less than 12 months ‚'' before the end of that course. (2) If the course in which the holder is enrolled is undertaken by the holder as a prerequisite for another course (the principal course), the holder must not change his or her enrolment to enrolment in a course offered by another education provider: (a) if the principal course is for 12 months or more ‚'' before the end of the first 12 months of the principal course; or (b) if the principal course is for less than 12 months ‚'' before the end of the principal course. (3) If the course in which the holder is enrolled has been gazetted for subregulation 1.44 (2), the holder must not change his or her enrolment. Condition: 8207 The holder must not engage in any studies or training in Australia. Condition: 8301 After entry to Australia, the holder must satisfy relevant public interest criteria before the visa ceases. Condition: 8302 After entry to Australia, all relevant members of the family unit must satisfy the relevant public interest criteria before the visa ceases. Condition: 8303 The holder must not become involved in activities disruptive to, or violence threatening harm to, the Australian community or a group within the Australian community. Condition: 8401 The holder must report: (a) at a time or times; and (b) at a place; specified by the Minister for the purpose. Condition: 8402 The holder must report: (a) within 5 working days of grant, to an office of Immigration; and (b) to that office on the first working day of every week after reporting under paragraph (a). Condition: 8403 The holder must visit an office of Immigration specified by the Minister for the purpose, within the time specified by the Minister for the purpose, to have evidence of the visa placed in the holder's passport. Condition: 8501 The holder must maintain adequate arrangements for health insurance while the holder is in Australia. Condition: 8502 The holder of the visa must not enter Australia before the entry to Australia of a person specified in the visa. Condition: 8503 The holder will not, after entering Australia, be entitled to be granted a substantive visa, other than a protection visa, while the holder remains in Australia. Condition: 8504 The holder must enter Australia as the holder of the visa to which the condition applies before a date specified by the Minister. Condition: 8505 The holder must continue to live at the address specified by the holder before grant of the visa. Condition: 8506 The holder must notify Immigration at least 2 working days in advance of any change in the holder's address. Condition: 8507 The holder must, within the period specified by the Minister for the purpose: (a) pay; or (b) make an arrangement that is satisfactory to the Minister to pay; the costs of the holder's detention. Condition: 8508 The holder must make a valid application for a visa of a class that can be granted in Australia, within the time specified by the Minister for the purpose. (Note: Generally, a valid visa application is one that is formally in order for consideration, not necessarily one that can be granted.) Condition: 8509 Within 5 working days after the date of grant, the holder must: (a) make a valid application for a substantive visa; or (b) show an officer a ticket for travel to a country other than Australia that the Minister is satisfied will allow the holder to enter on his or her arrival. Condition: 8510 Within the time specified by the Minister for the purpose, the holder must, either: (a) show an officer a passport that is in force; or (b) make an arrangement satisfactory to the Minister to obtain a passport. Condition: 8511 Within the time specified by the Minister for the purpose, the holder must, show an officer a ticket for travel to a country other than Australia that the Minister is satisfied will allow the holder to enter on his or her arrival. Condition: 8512 The holder must leave Australia by the date specified by the Minister for the purpose. Condition: 8513 The holder must notify Immigration of his or her residential address within 5 working days of grant. Condition: 8514 During the visa period of the visa, there must be no material change in the circumstances on the basis of which it was granted. Condition: 8515 The holder of the visa must not marry before entering Australia. Condition: 8516 The holder must continue to be a person who would satisfy the primary or secondary criteria, as the case requires, for the grant of the visa. Condition: 8517 The holder must maintain adequate arrangements for the education of any school-age dependant of the holder who is in Australia for more than 3 months as the holder of a Subclass 560, 570, 571, 572, 573, 574, 575 or 576 visa (as a person who has satisfied the secondary criteria) or Subclass 563 visa. Condition: 8518 Adequate arrangements must be maintained for the education of the holder while he or she is in Australia. Condition: 8519 The holder must enter into the marriage in relation to which the visa was granted within the visa period of the visa. Condition: 8520 The relevant person who holds a Subclass 300 visa on the basis of having satisfied the primary criteria must enter into the marriage in relation to which that visa was granted within the visa period of that visa. Condition: 8522 The holder must leave Australia not later than the time of departure of the person: (a) who has satisfied the primary criteria; and (b) of whose family unit the holder is a member. Condition: 8523 Each person who: (a) is a member of the family unit of the holder (being a spouse of the holder or an unmarried child of the holder who has not turned 18); and (b) has satisfied the secondary criteria; and (c) holds a student visa because of paragraphs (a) and (b); must leave Australia not later than the time of departure of the holder. Condition: 8524 The holder must satisfy the remaining criteria (within the meaning of Part 303 of Schedule 2) on or before a date specified by the Minister. Condition: 8525 The holder must leave Australia by a specified means of transport on a specified day or within a specified period. Condition: 8526 The holder must notify the Secretary in writing, not earlier than 7 days before the day the visa ceases to be in effect, and not later than that day, of the holder's place of residence in Australia by posting the notification to the Central Office of Immigration in the Australian Capital Territory. Condition: 8527 The holder must be free from tuberculosis at the time of travel to, and entry into, Australia. Condition: 8528 The holder must not have one or more criminal convictions, for which the sentence or sentences (whether served or not) are for a total period of 12 months duration or more, at the time of travel to, and entry into, Australia. Condition: 8529 The holder must, after entering Australia: (a) undergo a medical examination carried out by: (i) a Commonwealth Medical Officer; or (ii) a medical practitioner approved by the Minister; or (iii) a medical practitioner employed by an organisation approved by the Minister; and (b) undergo a chest x-ray examination conducted by a medical practitioner who is qualified as a radiologist in Australia, unless the holder: (i) is under 11 years of age and is not a person in respect of whom a Commonwealth Medical Officer has requested such an examination; or (ii) is a person: (A) who is confirmed by a Commonwealth Medical Officer to be pregnant; and (B) who has been examined for tuberculosis by a chest clinic officer employed by a health authority of a State or Territory; and (C) who has signed an undertaking to place herself under the professional supervision of a health authority in a State or Territory and to undergo any necessary treatment; and (D) whom the Minister is satisfied should not be required to undergo a chest x-ray examination at this time. Condition: 8530 The holder must not discontinue, or deviate from, the tour arrangements approved, in writing, by the Minister. Condition: 8531 The holder must not remain in Australia after the end of the period of stay permitted by the visa. Condition: 8532 If the holder has not turned 18 and is not an AusAID student or a Defence student: (a) the holder must stay in Australia with a person who is: (i) a parent of the holder or a person who has custody of the holder; or (ii) a relative of the holder who: (A) is nominated by a parent of the holder or a person who has custody of the holder; and (B) has turned 21; and (C) is of good character; or (b) the arrangements for the holder‚''s accommodation, support and general welfare must be approved by the education provider for the course to which the holder‚''s visa relates. Condition: 8533 The holder must: (a) in the case of a holder who was outside Australia when the visa was granted, notify the education provider of the holder‚''s residential address in Australia within 7 days after arriving in Australia; and (b) in all cases: (i) notify the education provider of any change in the holder‚''s residential address in Australia within 7 days after the change occurs; and (ii) notify his or her current education provider of a change of education provider within 7 days after the holder receives: (A) a certificate of enrolment from the new education provider; or (B) if no certificate of enrolment is required to be sent, or if a failure of electronic transmission has prevented an education provider from sending a certificate of enrolment ‚'' evidence that the applicant has been enrolled by the new education provider. Condition: 8534 The holder will not be entitled to be granted a substantive visa, other than: (a) a protection visa; or (b) a student visa the application for which must be made on form 157P or 157P (Internet); or (c) a Subclass 497 (Graduate ‚'' Skilled) visa; or (d) a Subclass 580 (Student Guardian) visa; while the holder remains in Australia. Condition: 8535 The holder will not be entitled to be granted a substantive visa, other than: (a) a protection visa; or (b) a student visa the application for which must be made on form 157P or 157P (Internet); or (c) a Student (Temporary) (Class TU) visa that is granted to an applicant who satisfies the criterion in clause 570.230, 571.229, 572.229, 573.229, 574.229, 575.229, 576.227 or 580; while the holder remains in Australia. Condition: 8536 The holder must not discontinue, or deviate from, the professional development program in relation to which the visa was granted. Condition: 8537 (1) While the nominating student (within the meaning of Part 580 of Schedule 2) in relation to the holder is in Australia, the holder must reside in Australia. (2) While the holder is in Australia, the holder must: (a) stay with the nominating student (within the meaning of Part 580 of Schedule 2) in relation to the holder; and (b) provide appropriate accommodation and support for the nominating student; and (c) provide for the general welfare of the nominating student. Condition: 8538 If the holder leaves Australia without the nominating student (within the meaning of Part 580 of Schedule 2) in relation to the holder, the holder must first give to the Minister evidence that: (a) there are compelling or compassionate reasons for doing so; and (b) the holder has made alternative arrangements for the accommodation, support and general welfare of the nominating student until the holder‚''s return to Australia; and (c) if the nominating student has not turned 18, the alternative arrangements are approved by the education provider for the course to which the nominating student‚''s visa relates. Condition: 8539 While the holder is in Australia, the holder must not live, study or work outside a part of Australia the postcode of which was specified in the Gazette Notice for item 6A1001 of Schedule 6A, as the notice was in force when the condition was imposed. Condition: 8540 The holder will not, after entering Australia, be entitled to be granted a substantive visa, other than a protection visa or a Subclass 462 (Work and Holiday) visa, while the holder remains in Australia. Condition: 8541 The holder: (a) must do everything possible to facilitate his or her removal from Australia; and (b) must not attempt to obstruct efforts to arrange and effect his or her removal from Australia. Condition: 8542 The holder must make himself or herself available for removal from Australia in accordance with instructions given to the holder by Immigration for the purpose of that removal. Condition: 8543 The holder must attend at a place, date and time specified by Immigration in order to facilitate efforts to arrange and effect his or her removal from Australia. Condition: 8544 The holder must enter into a contract or agreement of apprenticeship in the form of a New Apprenticeship/training contract which must be lodged in accordance with the relevant State or Territory legislation: (a) if the visa is granted while the applicant is in Australia ‚'' within 3 months of the grant of the visa; or (b) if the person arrives in Australia as the holder of a visa ‚'' within 3 months of the person‚''s arrival in Australia. Condition: 8545 The holder must undertake the apprenticeship in the employment in respect of which the visa was granted, and must not, without the written permission of Immigration: (a) cease to undertake the apprenticeship in the employment in respect of which the visa was granted; or (b) engage in an activity inconsistent with undertaking the apprenticeship in respect of which the visa was granted. Condition: 8546 The holder of a Subclass 471 (Trade Skills Training) Visa who is undertaking an apprenticeship (within the meaning of regulation 1.20UJ) must maintain contact with the approved trade skills training sponsor in respect of which the visa was granted, and co-operate with, and to the best of the holder‚''s ability facilitate, compliance with the undertakings by the sponsor. Condition: 8547 The holder must not be employed by any 1 employer for more than 6 months, without the prior permission in writing of the Secretary. Condition: 8548 The holder must not engage in any studies or training in Australia for more than 4 months. Condition: 8549 While the holder is in Australia, the holder must live, study and work only in a designated area in the State or Territory in which the holder's sponsor lived when the holder was first granted a Skilled - Designated Area-sponsored (Provisional) (Class UZ) visa. |
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