Visa Condition 8607 – Guide for SID Visa Holders in Australia

Visa Condition 8607 is a critical requirement for Subclass 482 (Skills in Demand) visa holders. Designed to maintain the integrity of Australia’s SID visa program, this condition governs where and how visa holders can work. If you’re a SID visa holder or an employer, understanding these rules is essential to ensure compliance and avoid complications.

In this blog, we break down Visa Condition 8607 into simple, easy-to-follow steps and provide the latest updates to help you stay informed.

What is Visa Condition 8607?

Visa Condition 8607 applies to all primary SID visa holders. It specifies that:

• You must work only in your nominated occupation.
• You must work for the approved sponsor who nominated you (with limited exemptions).
• You must comply with specific timelines for starting or resuming work.

Non-compliance with Condition 8607 can lead to visa cancellation, employer sanctions, or future visa complications.

Key Requirements of Visa Condition 8607

Let’s dive into the updated requirements of Visa Condition 8607.

1. Work Only in Your Nominated Occupation

You must work exclusively in the occupation specified in your most recent visa application. If you wish to change occupations, you must:

• Lodge a new Subclass 482 (SID) visa application.
• Wait for approval before commencing work in the new role.

Temporary changes in job duties (e.g., covering for colleagues) are allowed but must not result in a long-term shift in responsibilities.

2. Work for Your Approved Sponsor

• The business that nominated you (for the Labour Agreement stream or Specialist/Core Skills stream with an overseas sponsor).
• Your sponsor or an associated entity (for the Specialist/Core Skills stream with an Australian sponsor)

If you wish to change employers, your new employer must:

1. Lodge a new nomination application.
2. Obtain approval before you start working for them.

3. Start Work Within 90 Days

You must commence work:

• Within 90 days of arriving in Australia, if your visa was granted offshore.
• Within 90 days of the visa grant, if you were in Australia at the time.

Failing to start work on time may result in visa cancellation.

4. Employment Cessation and Time Limits

If your employment ends with your sponsor, you can:

• Cease work for up to 180 consecutive days or 365 cumulative days during the visa period.

These time limits apply from 1 July 2024 and exclude earlier periods of cessation. During this time, you can:

• Seek new sponsorship.
• Work temporarily under specific conditions, such as serving a notice period.

5. Licensing, Registration, and Membership

If your occupation requires licensing or registration, you must:

• Obtain the necessary credentials within 90 days of your visa grant or arrival in Australia.
• Maintain compliance with the terms of your licence or registration.

You must notify the Department of Home Affairs if your licence or registration:

• Expires.
• Is revoked, cancelled, or refused.

Working without valid credentials is a breach of Visa Condition 8607.

Exemptions to Visa Condition 8607

Certain occupations, such as medical practitioners or general managers, may be exempt from some restrictions under Visa Condition 8607. Exemptions allow:

• Flexibility to work for multiple employers.
• The ability to work as an independent contractor while staying within the nominated occupation.

What Happens If You Breach Visa Condition 8607?

Breaching Visa Condition 8607 can result in:

1. Visa Cancellation: The Department of Home Affairs may cancel your visa.
2. Employer Sanctions: Employers may face fines or lose their sponsorship rights.
3. Future Visa Impact: A breach could affect eligibility for future visas or permanent residency.

Changing Employers or Occupations

If you plan to change employers:

• Your new employer must submit a nomination application.
• You must wait for the nomination approval before starting work.

If you want to change occupations, you must:

• Apply for a new visa.
• Secure approval before taking up the new role.

Can You Take a Break from Work?

Yes, but within limits:

• You can stop working for up to 180 consecutive days or 365 cumulative days across your visa period.
• Notify the Department if your employment ceases.
• Find a new sponsor within the allowed timeframes.

Unpaid Voluntary Work

Unpaid voluntary work is allowed if it:

• Does not interfere with your primary employment.
• Is truly voluntary and does not replace paid opportunities for Australians.

Why 8607 Compliance Matters?

Staying compliant with Visa Condition 8607 ensures:

• Your visa remains valid.
• Your future visa and permanent residency applications are not jeopardized.
• Your sponsor avoids legal penalties.

How Emigrate Lawyers Can Help?

At Emigrate Lawyers, we understand that navigating Visa Condition 8607 can be complex. Our migration experts can assist with:

• Changing employers or occupations.
• Understanding licensing and registration requirements.
• Addressing potential breaches or visa cancellations.

We work closely with SID visa holders and employers to ensure compliance with all visa conditions.