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Visa condition 8101: no work

On this page
  1. What does condition 8101 say?
  2. How do I know if I have it?
  3. What counts as work?
  4. Can the condition be waived?
  5. What if I breach it?
  6. FAQ

What does condition 8101 say?

Condition 8101 says: "The holder must not engage in work in Australia". Work means any activity for which you receive financial benefit, reward or consideration. Some conditions do not allow you to take part in any work or business activity.

How do I know if I have it?

Check VEVO, the myVEVO app or your visa grant letter. See how to do a VEVO check.

We do not list which visas carry 8101. Your own record is what counts.

What counts as work?

Work means an activity for which you get a financial benefit, reward or consideration. It says unpaid voluntary work is generally allowed, but that receiving anything of value can take an activity outside that exception.

Because the line can be unclear, ask before you start if you are unsure. Examples that need care include work trials, working for food or accommodation, and running a business.

Can the condition be waived?

A waiver can be requested in writing under regulation 2.05 of the Migration Regulations 1994, and that waivers are extremely rare. It says an applicant must show compelling grounds, such as a medical emergency, severe financial hardship or urgent family circumstances.

What if I breach it?

Breaching a work-related condition can result in an offence, visa cancellation and employer penalties. Cancellation can follow without a prior warning and can affect future visa applications. Treat it as a serious risk and get advice if you are worried.

FAQ

Can I volunteer on a no-work visa?

Unpaid voluntary work is generally allowed if you receive no benefit. Ask before you start.

Which visas have 8101?

It depends on the visa and the grant. Check VEVO or your grant letter.

Can I get a work permit if I have 8101?

Only if the condition is waived or you get a visa with work rights. Ask a registered migration agent.

Does 8101 apply to my partner too?

Each person has their own conditions. Check each person's VEVO result.

Is 8101 the same as 8105?

No. 8101 means no work. 8105 limits student work hours. See condition 8105.