What is Condition 8607? Best Guide for Condition 8607
What is Condition 8607?
Condition 8607 tells visa holders who they can work for, in what job, and what happens if their employment changes. Breaking these rules can lead to serious problems, including visa cancellation.
Which Visas Have Condition 8607?
This condition mainly applies to:
- Temporary Skill Shortage (TSS) visa – Skills in Demand (Subclass 482): All primary holders of this visa must follow Condition 8607.
- Skilled Employer Sponsored Regional (Provisional) visa (Subclass 494): Primary visa holders under this scheme also have Condition 8607 attached.
Note: Family members (secondary visa holders) accompanying someone on these visas do not have Condition 8607 and generally have full work rights.
What Condition 8607 Requires: Your Key Obligations
- Work Only in Your Nominated Job: You must work only in the specific occupation listed in your visa application. If you want to switch jobs (even with the same employer), you need a new approved nomination and a new visa first. Exceptions apply if you are in the process of obtaining a new job (Contact Us for further clarifications)
- Work Only for Your Approved Sponsor (or Associated Entity): You generally can only work for the business that sponsored your visa. In some cases (like if sponsored by an Australian business), you might be able to work for a closely related “associated entity” of your sponsor .
- Start Work On Time: You must begin your job within 90 days:
- If you got your visa outside Australia: 90 days after you first arrive.
- If you got your visa inside Australia: 90 days after your visa was granted.
- Don’t Be Unemployed Too Long (The Big 2024 Change!): This is crucial!
- Old Rule (Pre-1 July 2024): You couldn’t be out of a job with your sponsor for more than 60 days in a row.
- New Rule (From 1 July 2024): If you lose your job with your sponsor (you quit or get fired), you now have:
- Up to 180 days at a time to find a new sponsor, apply for a different visa, or leave Australia.
- A maximum total of 365 days across your whole visa period where you are not working for your sponsoring employer.
- Work Rights During This Period: While looking for a new sponsor during your 180/365 days, you can work for any employer, in any job (even outside your nominated occupation), have multiple jobs, or even be self-employed. This helps you support yourself .
- Keep Your Licence or Registration: If your job needs a specific licence, registration, or membership (like a doctor, nurse, electrician, engineer), you MUST get it within 90 days (same as starting work) and keep it valid. Tell Immigration straight away if you can’t get it, lose it, or it gets cancelled:
- If you got your visa outside Australia: 90 days after you first arrive.
- If you got your visa inside Australia: 90 days after your visa was granted.
What Happens If You Don’t Follow Condition 8607?
Breaking these rules is serious. It can lead to:
- Your visa being cancelled.
- Being forced to leave Australia.
- Problems getting future Australian visas.
- Your sponsor facing penalties or losing their right to hire overseas workers.
Important Changes & Special Situations (July 2024 Update)
- More Time to Find a New Job: The shift from 60 days to 180 days (max 365 days total) is the biggest recent change, giving visa holders much more flexibility if employment ends.
- Working for a New Sponsor While Waiting: Since March 2025, if you find a new sponsor and they lodge a nomination for you, you can often keep working for them while waiting for that nomination to be approved. You don’t necessarily have to stop work anymore during the processing time.
- Secondary Jobs? Usually No. You generally cannot take a second job with a different employer unless it’s directly for your sponsor or in your exact nominated role. Driving Uber nights/weekends if you’re sponsored as a Chef? That’s likely a breach .
- Part-Time Work? Possible, But Tricky. While the visa nomination requires a full-time position, moving to part-time might be okay temporarily (e.g., returning from parental leave) if your pay rate stays the same pro-rata and your sponsor agrees. However, this can affect your eligibility for permanent residency later. Always get advice first.
What Sponsors Must Remember
- Report Changes Fast! Sponsors MUST tell the Department of Home Affairs within 28 days if a sponsored worker leaves their job (resigns or is fired) .
- Keep Records: Ensure the worker is in the correct role and meeting licence requirements.
The Bottom Line
Condition 8607 is a core rule for Subclass 482 and 494 visa holders. Its main job is to ensure you work in the skilled role you were brought to Australia for. The July 2024 changes (180 days to find a new sponsor) are a major improvement, giving you more flexibility and security if things go wrong.
Stuck or unsure? Visa rules are complex. If you’re worried about complying with Condition 8607, changing jobs, or understanding the new 180-day rule, getting expert migration advice is the smart move to protect your visa and your future in Australia.
Work visas in Australia are very complex and require expert advice and experience. We have vast experience in this visa as we deal with many corporate, government and private businesses. Please contact us today on info@visaeducationexperts.com.au or +61 414 588 942.
Information provided in this website is general in nature and does not constitute immigration advice.
The information on this website can change without notice and we do not guarantee the accuracy of information.
Every effort has been made to ensure that the information provided is accurate. Individuals must not rely on the information in this website to make a visa or immigration decision. Before making any decision, we recommend you consult a migration agent or lawyer to take into account your particular situation and individual needs.
Please note that any immigration advice provided only and only constitutes immigration assistance as per s276 of the Migration Act 1958 (It does not include or constitute any other type of advice apart from immigration assistance as per s276 of the Migration Act 1958).
