Australian sponsored work visa condition 8107: employer, occupation and work rules (2026)
Condition 8107 is the visa condition that ties a sponsored worker to the employer and the occupation the visa was granted for. Under Schedule 8 to the Migration Regulations 1994, a holder covered by subclause 8107(1) must not cease to be employed by the employer in relation to which the visa was granted, must not work in a position or occupation inconsistent with the position or occupation the visa was granted for, and must not engage in work for another person or on the holder's own account while undertaking that employment. The explanation below follows the text of condition 8107 published by the Federal Register of Legislation at legislation.gov.au, as at the September 2026 official page. It describes the rule as written for general reference only and is not advice on any individual case; the current legislative text and the conditions attached to a particular visa grant remain the controlling records, and anyone whose own situation turns on these details should work from the official text or a registered professional.
What does condition 8107 actually prohibit?
Schedule 8 sets out two general versions of the condition, depending on what the visa was granted for.
For a visa granted to enable the holder to be employed in Australia, subclause 8107(1) requires the holder not to:
- cease to be employed by the employer in relation to which the visa was granted;
- work in a position or occupation inconsistent with the position or occupation in relation to which the visa was granted;
- 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.
For a visa granted for an activity rather than employment, subclause 8107(2) applies instead: the holder must not cease to undertake that activity, must not engage in an activity inconsistent with it, and must not engage in work for another person or on the holder's own account that is inconsistent with the activity.
One detail is easy to miss: subclause (1)(a) is written as a flat duty not to cease being employed. The day-count allowances that circulate in discussions of sponsored work are not written into that subclause — they appear elsewhere in the condition, as set out below.
Which subclasses get which version of condition 8107?
The condition is not one-size-fits-all. Schedule 8 gives bespoke wording to certain subclasses and a general wording to the rest.
| Visa covered | What condition 8107 requires |
|---|---|
| Subclass 457 (Temporary Work (Skilled)) granted on the basis the holder met 457.223(2) or (4) as in force before 18 March 2018, or where the last substantive visa held was such a visa | Work only in the occupation in the most recently approved nomination; work only for the nominating labour agreement party, or only in a position in the business of the sponsor or an associated entity; start work within 90 days; limits on time out of work; licence, registration and membership duties |
| Subclass 401 (Temporary Work (Long Stay Activity)), 402 (Training and Research), 420 (Temporary Work (Entertainment)) | Do not cease the most recently nominated occupation, program or activity; do no work or activity inconsistent with it; do no work for an employer other than the one identified in the most recent nomination |
| Subclass 407 (Training) | Do not cease the most recently nominated program; do no work or activity inconsistent with it; do no work for an employer other than an employer identified in the most recent nomination |
| Other visas granted to enable the holder to be employed in Australia (subclause (1)) | Do not cease employment with that employer; do not work in an inconsistent position or occupation; do not work for another person or on your own account |
The schedule's own note states that whether a visa of a particular class may be made subject to condition 8107 depends on the relevant provision in Schedule 2 of the Migration Regulations 1994. The Schedule 8 text does not itself list Subclass 482 or Subclass 494 among the subclasses given bespoke rules, so coverage for those classes is confirmed through the applicable Schedule 2 provision and the conditions on the individual grant.
For 457 visas granted before 18 March 2018, which employer and occupation apply?
Subclause 8107(3) is the detailed version. It applies where the visa is — or the last substantive visa held by the applicant was — a Subclass 457 visa granted on the basis that the holder met the requirements of subclause 457.223(2) or (4), as in force before 18 March 2018.
Under that subclause the holder:
- must work only in the occupation listed in the most recently approved nomination for the holder; and
- unless the circumstances in subclause (3A) apply, must work either:
- 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
- where the sponsor is or was a standard business sponsor lawfully operating a business in Australia at the time of approval (or of the last approval of a variation to the sponsor's term of approval), only in a position in the business of the sponsor or of an associated entity of the sponsor; or
- where the sponsor is or was a standard business sponsor that was not lawfully operating a business in Australia but was lawfully operating a business outside Australia at that time, only in a position in the business of the sponsor.
Subclause (3A) provides two exceptions to the employer rule: 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 the holder is continuing to work for the sponsor or an associated entity of the sponsor in order to fulfil a requirement under a law relating to industrial relations and relating to the giving of notice.
How long can a holder be out of work before breaching 8107?
The day-count rules in condition 8107 sit in subclause (3), tied to the Subclass 457 case described above. They have three parts:
- Starting work: if the holder was outside Australia when the visa was granted, work must commence within 90 days after arrival in Australia; if the holder was in Australia when the visa was granted, within 90 days after the visa was granted.
- Single absence: the holder may cease to work for a period, but any such period must not exceed 180 consecutive days.
- Total absence: the total number of days on which the holder does not work in accordance with the requirement must not exceed 365 during the visa period for the holder's visa.
Because these figures are written into subclause (3), they should not be assumed to apply to a visa that falls under subclause (1), where the text simply prohibits ceasing employment with the employer in relation to which the visa was granted.
Does 8107 require a licence, registration or membership?
Yes, where one is mandatory. Under subclause 8107(3)(c), if the holder is required to hold a licence, registration or membership that is mandatory to perform the nominated occupation in the location where the position is situated, the holder:
- must hold it while performing the occupation;
- if outside Australia when the visa was granted, must hold it within 90 days after arrival in Australia; if in Australia when the visa was granted, within 90 days after the visa was granted;
- must notify the Department, in writing as soon as practicable, if an application for the licence, registration or membership is refused;
- must comply with each condition or requirement to which the licence, registration or membership is subject;
- must not engage in work that is inconsistent with it, including any of its conditions or requirements;
- must notify the Department, in writing as soon as practicable, if it ceases to be in force or is revoked or cancelled.
In practice this means a sponsored worker in a licensed trade or registered profession has two clocks running at once: the one for starting work, and the one for holding the authorisation that makes the work lawful.
What happens if condition 8107 is breached?
The note to condition 8107 points to the Migration Act 1958: as to cancellation for breaches of conditions, see sections 41 and 116 to 119. A breach therefore engages the cancellation framework in that Act rather than being dealt with only inside the Regulations. The consequences that follow from a cancellation decision are matters of the Act and of the individual case, so the safest reading of the condition is the strict one — the employer, the occupation and any required licence are all part of the same obligation.
Frequently Asked Questions
Does condition 8107 mean I can only work for my sponsor?
For a visa granted to enable employment, subclause 8107(1) prohibits ceasing employment with the employer in relation to which the visa was granted and prohibits working for another person or on your own account while undertaking that employment. For Subclass 457 visas covered by subclause (3), the employer rule is expressed more precisely: the holder must work only for the nominating labour agreement party, or only in a position in the business of the sponsor or an associated entity, subject to the two exceptions in subclause (3A).
Can I change occupation or take a second job while the visa is current?
No, not on the wording of the condition. Subclause 8107(1)(b) prohibits working in a position or occupation inconsistent with the one the visa was granted for, and (1)(c) covers working for another person or on your own account. For Subclass 457 visas under subclause (3), the holder must work only in the occupation listed in the most recently approved nomination.
Is there a 90-day, 180-day or 365-day allowance on every sponsored visa?
No. Those figures appear in subclause 8107(3), which applies to Subclass 457 visas granted on the basis the holder met 457.223(2) or (4) as in force before 18 March 2018, or where the last substantive visa held was such a visa. A visa that falls under subclause (1) is governed by a straight prohibition on ceasing employment with the employer in relation to which the visa was granted.
When do I need to hold a licence or registration under 8107?
Where a licence, registration or membership is mandatory to perform the nominated occupation in the location of the position, subclause 8107(3)(c) requires the holder to hold it while performing the occupation and to obtain it within 90 days — counted from arrival in Australia if the holder was outside Australia at grant, or from the grant if the holder was in Australia. Refusal, revocation or cancellation must be notified to the Department in writing as soon as practicable.
Does condition 8107 apply to a 482 or 494 visa?
The Schedule 8 text gives bespoke rules to Subclass 457, Subclass 401/402/420 and Subclass 407, and does not itself list Subclass 482 or 494. The schedule's note says whether a visa of a particular class may be made subject to condition 8107 depends on the relevant provision in Schedule 2 of the Migration Regulations 1994, so coverage is confirmed through that provision and the conditions recorded on the individual visa grant.
What is the consequence of breaching condition 8107?
The note to the condition directs readers to the Migration Act 1958, sections 41 and 116 to 119, for cancellation on breach of a condition. In other words, a breach moves the matter into the statutory cancellation framework rather than leaving it as a purely technical matter under the Regulations.