Australian visa conditions are signed for visa holder to abide by certain rules.                                            

8101 

The holder must not engage in work in Australia.

 

8102

The holder must not engage in work in Australia (other than in relation to the holder's course of study or training).

 

8103

The holder must not receive salary in Australia without the permission in writing of the Secretary.

 

8104 

(1)  The holder must not engage in work for more than 40 hours a fortnight while the holder is in Australia.

(2)  If the holder is a member of the family unit of a person who satisfies the primary criteria for the grant of a student visa the holder must not engage in work in Australia until the person who satisfies the primary criteria has commenced a course of study.

(3)  If the course of study mentioned in subclause (2) is for the award of a masters or doctoral degree, then despite subclause (1), the holder may engage in work for more than 40 hours a fortnight while the holder is in Australia.

(4)  In this clause:

fortnight means the period of 14 days commencing on a Monday.

 

8105 

(1A)  The holder must not engage in any work in Australia before the holder’s course of study commences.

(1)  Subject to subclause (2), the holder must not engage in work in Australia for more than 40 hours a fortnight during any fortnight when the holder’s course of study or training is in session.

(2)  Subclause (1) does not apply:

(a)  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; and

(b)  in relation to a student visa granted in relation to a masters degree by research or doctoral degree if the holder has commenced the masters degree by research or doctoral degree.

(3)  In this clause:

fortnight means the period of 14 days commencing on a Monday.

 

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.

 

8107 

(1)  If the visa is not a visa mentioned in subclause (3) or (4), and was granted to enable the holder to be employed in Australia, the holder must not:

(a)  cease to be employed by the employer in relation to which the visa was granted; or

(b)  work in a position or occupation inconsistent with the position or occupation in relation to which the visa was granted; or

(c)  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.

(2)  If the visa is not a visa mentioned in subclause (3) or (4), and subclause (1) does not apply, the holder must not:

(a)  cease to undertake the activity in relation to which the visa was granted; or

(b)  engage in an activity inconsistent with the activity in relation to which the visa was granted; or

(c)  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.

(3)  If the visa is, or the last substantive visa held by the applicant was, a Subclass 457 (Temporary Work (Skilled)) visa that was granted on the basis that the holder met the requirements of subclause 457.223(2) or (4) (as in force before 18 March 2018):

(a)  the holder:

(i)  must work only in the occupation listed in the most recently approved nomination for the holder; and

(ii)  unless the circumstances in subclause (3A) apply:

(A)  must work only for the party to a labour agreement or former party to a labour agreement who nominated the holder in the most recently approved nomination; or

(B)  if the sponsor is, or was, a standard business sponsor who was lawfully operating a business in Australia at the time of the sponsor’s approval as a standard business sponsor, or at the time of the last approval of a variation to the sponsor’s term of approval as a standard business sponsor — must work only in a position in the business of the sponsor or an associated entity of the sponsor; or

(C)  if the sponsor is or was a standard business sponsor who was not lawfully operating a business in Australia, and was lawfully operating a business outside Australia, at the time of the sponsor’s approval as a standard business sponsor, or at the time of the last approval of a variation to the sponsor’s term of approval as a standard business sponsor — must work only in a position in the business of the sponsor; and

(aa)  subject to paragraph (c), the holder must:

(i) if the holder was outside Australia when the visa was granted—commence work within 90 days after the holder’s arrival in Australia; and

(ii) if the holder was in Australia when the visa was granted—commence work within 90 days after the holder’s visa was granted; and

(b)  if the holder ceases empl​oyment — the period during which the holder ceases employment must not exceed 60 consecutive days; and

(c)  if the holder is required to hold a licence, registration or membership that is mandatory to perform the occupation nominated in relation to the holder, in the location where the holder’s position is situated—the holder: 

(i)  must hold the licence, registration or membership while the holder is performing the occupation; and

(ii)  if the holder was outside Australia when the visa was granted—the holder must hold that licence, registration or membership within 90 days after the holder’s arrival in Australia; and

(iii)  if the holder was in Australia when the visa was granted—the holder must hold that licence, registration or membership within 90 days after the holder’s visa was granted; and

(iv)  must notify the Department, in writing as soon as practicable if an application for the licence, registration or membership is refused; and

(v)  must comply with each condition or requirement to which the licence, registration or membership is subject; and

(vi)  must not engage in work that is inconsistent with the licence, registration or membership, including any conditions or requirements to which the licence, registration or membership is subject; and

(vii)  must notify the Department, in writing as soon as practicable if the licence, registration or membership ceases to be in force or is revoked or cancelled.

(3A)  For subparagraph For subparagraph (3)(a)(ii), the circumstances are that:

(a)  the holder’s occupation is specified in an instrument in writing for subparagraph 2.72(10)(e)(ii) or (iii) as in force before 18 March 2018; or

(b)  the holder is continuing to work for the sponsor, or the associated entity of the sponsor, for the purpose of fulfilling a requirement under a law relating to industrial relations and relating to the giving of notice.

(4)  If the visa is:

(a)  a Subclass 401 (Temporary Work (Long Stay Activity)) visa; or

(b)  a Subclass 402 (Training and Research) visa; or

(ba)  a Subclass 420 (Temporary Work (Entertainment)) visa;

the holder must not:

(c)  cease to engage in the most recently nominated occupation, program or activity in relation to which the holder is identified; or

(d)  engage in work or an activity that is inconsistent with the most recently nominated occupation, program or activity in relation to which the holder is identified; or

(e)  engage in work or an activity for an employer other than the employer identified in accordance with paragraph 2.72A(7)(a) as in force before 19 November 2016 (subject to subregulation 2.72(8) as in force before that day) in the most recent nomination in which the holder is identified.

(5)  If the visa is a Subclass 407 (Training) visa, the holder must not:

(a)  cease to engage in the most recently nominated program in relation to which the holder is identified; or

(b)  engage in work or an activity that is inconsistent with the most recently nominated program in relation to which the holder is identified; or

(c)  engage in work or an activity for an employer other than an employer identified in accordance with paragraph 2.72A(8)(a) (subject to subregulation 2.72A(9)) in the most recent nomination in which the holder is identified. 

 

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.

 

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.

 

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.  

 

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.

 

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.

 

8113

The holder must not work in Australia otherwise than as a member of the crew of a non-military ship.

 

8114 

The holder must not work in Australia otherwise than as a member of the crew of a superyacht.

 

8115

The holder must not work in Australia other than by engaging in a business visitor activity.

 

8116

The holder must not work in Australia other than by engaging in an activity specified in a legislative instrument made by the Minister for this clause.

 

8117

The holder must not work in Australia other than as a member of the crew on either or both of the following:

(a)  the flight on which the holder leaves Australia;

(b)  one flight from a proclaimed airport to the proclaimed airport from which the holder leaves Australia.

 

8118

The holder must not work in Australia other than as a member of the crew on one or more of the following:

(a)  the flight on which the holder travels to Australia;

(b)  one flight from the proclaimed airport at which the holder enters Australia to another proclaimed airport;

(c)  the flight on which the holder leaves Australia;

(d)  one flight from a proclaimed airport to the proclaimed airport from which the holder leaves Australia.

 

8201 

(1)  While in Australia, the holder must not engage, for more than 3 months, in any studies or training.

(2)  However, subclause (1) does not apply to a visa mentioned in the table.

Item ​Visa

1

Subclass 590 (Student Guardian) visa in relation to which the holder is undertaking an ELICOS of less than 20 hours per week

1A

Subclass 602 (Medical Treatment) visa in relation to which the holder:

(a)  is under 18; and

(b)  has experienced a change in circumstances while in Australia; and

(c)  has the written permission of the Minister to engage for more than 3 months in any studies or training because of compelling and compassionate circumstances

2

Subclass 675 (Medical Treatment (Short Stay)) visa in relation to which the holder:

(a)  is under 18; and

(b)  has experienced a change in circumstances while in Australia; and

(c)  has the written permission of the Minister to engage for more than 3 months in any studies or training because of compelling and compassionate circumstances

3

Subclass 685 (Medical Treatment (Long Stay)) visa in relation to which the holder:

(a)  is under 18; and

(b)  has experienced a change in circumstances while in Australia; and

(c)  has the written permission of the Minister to engage for more than 3 months in any studies or training because of compelling and compassionate circumstances

 

8202 

(1)  The holder must be enrolled in a full‑time course of study or training if the holder is:

(a)  a Defence Student; or

(b)  a Foreign Affairs student; or

(c)  a secondary exchange student.

(2)  A holder not covered by subclause (1):

(a)  must be enrolled in a full‑time registered course; and

(b)  subject to subclause (3), must maintain enrolment in a registered course that, once completed, will provide a qualification from the Australian Qualifications Framework that is at the same level as, or at a higher level than, the registered course in relation to which the visa was granted; and

(c)  must ensure that neither of the following subparagraphs applies in respect of a registered course undertaken by the holder:

(i)  the education provider has certified the holder, for a registered course undertaken by the holder, as not achieving satisfactory course progress for section 19 of the Education Services for Overseas Students Act 2000 and the relevant standard of the national code made by the Education Minister under section 33 of that Act;

(ii)  the education provider has certified the holder, for a registered course undertaken by the holder, as not achieving satisfactory course attendance for section 19 of the Education Services for Overseas Students Act 2000 and the relevant standard of the national code made by the Education Minister under section 33 of that Act.

(3)  A holder is taken to satisfy the requirement set out in paragraph (2)(b) if the holder:

(a)  is enrolled in a course at the Australian Qualifications Framework level 10; and

(b)  changes their enrolment to a course at the Australian Qualifications Framework level 9.

 

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.

 

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.

 

8207

The holder must not engage in any studies or training in Australia.

 

8301

After entryto Australia, the holder must satisfy relevant public interest criteria before the visa ceases.

 

8302

After entryto Australia, all relevant members of the family unit must satisfy the relevant public interest criteria before the visa ceases.

 

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.

 

8401 

The holder must report:

(a)  at a time or times; and

(b)  at a place;

specified by the Minister for the purpose.

 

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).

 

8501 

The holder must maintain adequate arrangements for health insurance while the holder is in Australia.

 

8502 

The holder of the visa must not enter Australia before the entryto Australia of a person specified in the visa.

 

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.

 

8504 

The holder must enter Australia as the holder of the visa to which the condition applies before a date specified by the Minister.

 

8505

The holder must continue to live at the address specified by the holder before grant of the visa.

 

8506

The holder must notify Immigration at least 2 working days in advance of any change in the holder's address.

 

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 (within the meaning of Division 10 of Part 2 of the Act) of the holder's detention.

 

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:    For the meaning of valid application see s46 of the Act. Broadly, a valid application is one that is formally in order for consideration, not necessarily one that can be granted.

 

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 enteron his or her arrival.

 

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.

 

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.

 

8512

The holder must leave Australia by the date specified by the Minister for the purpose.

 

8513

The holder must notify Immigration of his or her residential address within 5 working days of grant.

 

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.

 

8515 

The holder of the visa must not marry or enter into a de facto relationship before entering Australia.

 

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. 

 

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 student visa (as a person who has satisfied the secondary criteria).

 

8518 

Adequate arrangements must be maintained for the education of the holder while he or she is in Australia.

 

8519

The holder must enter into the marriage in relation to which the visa was granted within the visa period of the visa.

 

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.

 

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.

 

8523

Each person who:

(a)  is a member of the family unit of the holder (being a spouse or de facto partner 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.

 

8525

The holder must leave Australia by a specified means of transport on a specified day or within a specified period.

 

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.

 

8527

The holder must be free from tuberculosis at the time of travel to, and entryinto, Australia.

 

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 entryinto, Australia.

 

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.

 

8530 

 The holder must not deviate from the organised tour referred to in clause 600.252 of Schedule 2.

 

8531 

The holder must not remain in Australia after the end of the period of stay permitted by the visa.

 

8532 

If the holder has not turned 18:

(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, and the holder must not enter Australia before the day nominated by the education provider as the day on which those arrangements are to commence; or

(c)  in the case that the holder is a Defence Student—both:

(i)  the arrangements for the holder’s accommodation, support and general welfare must be approved by the Defence Minister; and

(ii)  the holder must not enter Australia before the day those arrangements are to commence; or

(d)  in the case that the holder is a Foreign Affairs student—both:

(i)  the arrangements for the holder’s accommodation, support and general welfare must be approved by the Foreign Minister; and

(ii)  the holder must not enter Australia before the day those arrangements are to commence.

Code of Conduct

The Code of Conduct for registered migration agents is set out in legislation to regulate the conduct of registered migration agents. Under Australian law, Agent must be registered with the Migration Agents Registration Authority (MARA).

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