Conditions 8108 and 8547: employment with one employer beyond 3 or 6 months (2026)
Condition 8108 stops a visa holder from being employed in Australia by any one employer for more than 3 months without the prior written permission of the Secretary; condition 8547 sets the same rule at 6 months. Both texts come from Schedule 8 of the Migration Regulations 1994, as published on the Australian Government Federal Register of Legislation page for that instrument as of September 2026. The two conditions differ only in the length of the ceiling and, in the wording of 8108, in the express reference to employment in Australia.
This page explains how the two conditions are drafted and what follows from breaching them. It is general information about the legislation, not advice on any individual's visa — whether a particular grant carries one of these conditions, and how a permission request would be approached, depend on the official information current at the time and, where cancellation risk is involved, on qualified professional advice.
What does condition 8108 actually say?
The Schedule 8 text reads: "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."
Three elements carry the weight. The limit is on being employed; it is counted by employer — one employer, not one workplace, one role, or one project; and the exception is prior permission in writing. Anything beyond 3 months with the same employer that was not authorised in writing before it happened falls outside the permission the condition allows.
How is condition 8547 different?
Condition 8547 reads: "The holder must not be employed by any 1 employer for more than 6 months, without the prior permission in writing of the Secretary."
The structure is identical and only two things change: the ceiling moves from 3 months to 6 months, and the words "in Australia" do not appear in the 8547 text as published. Both conditions otherwise work in the same way — a per-employer time limit, lifted only by written permission given in advance.
| Condition 8108 | Condition 8547 | |
|---|---|---|
| Time with any one employer | More than 3 months not allowed | More than 6 months not allowed |
| Exception | Prior permission in writing of the Secretary | Prior permission in writing of the Secretary |
| Text as published | Refers to employment "in Australia" | Refers to employment, without that qualifier |
| Source | Schedule 8, Migration Regulations 1994 | Schedule 8, Migration Regulations 1994 |
Which visas carry these conditions?
Not every visa does, and the Schedule 8 text is explicit about why. The note attached to each condition states that whether a visa of a particular class may be made subject to the condition depends on the relevant provision in Schedule 2 of the Migration Regulations 1994. In practice that means the condition exists as a standard form of words, but it only binds a given holder if the Schedule 2 provisions for that visa class allow it to be imposed, and it was in fact imposed on that grant.
The reliable check is therefore the list of conditions recorded on the visa grant notification or in the official visa entitlement record for that holder, rather than an assumption based on the visa's name. A holder who cannot find 8108 or 8547 among the listed conditions is not subject to the 3- or 6-month ceiling, even if others on a similar visa are.
How is the 3 or 6 months counted?
The text counts time with "any 1 employer". That is a per-employer measure, so the natural reading is that moving to a different employer starts a new count, while continuing with the same employer — including on a renewed contract, a different position, or a different site for the same legal entity — keeps accumulating toward the same ceiling.
The Schedule 8 text itself does not define "employed" or "employer", does not explain how breaks in engagement are treated, and does not set out any form, fee, processing time or eligibility criteria for requesting permission. Those details sit outside the condition text reproduced here, so any arrangement intended to rely on them should be checked against the official material published for the relevant visa.
What does "prior permission in writing of the Secretary" require?
Two words do the work. "Prior" places the permission before the period that exceeds the limit: authorisation obtained after the 3 or 6 months have already been worked does not answer a condition that is written in terms of prior permission. "In writing" means a documented authorisation from the Secretary — the term used in the Regulations for the departmental Secretary who administers the Migration Act 1958 — rather than a verbal assurance from the employer, a recruiter, or anyone else.
A hypothetical shows how tight this is: suppose a holder subject to 8108 is offered a seven-month engagement and applies for permission in month four. Even if permission is later granted, the months already worked beyond the 3-month ceiling were worked without prior written permission.
What happens if you work past the limit without permission?
Breach of a visa condition is not a matter left to the condition text alone. The note attached to both 8108 and 8547 points to the Migration Act 1958, sections 41 and 116 to 119, for cancellation for breaches of conditions. The consequence the legislation attaches to a breach is therefore the cancellation machinery in those provisions, which is the reason the 3- and 6-month ceilings are treated as hard limits rather than guidelines.
Nothing in the condition text gives a holder a way to cure a breach after the fact, and nothing in it exempts short or unpaid over-runs. The safe operating assumption is that time worked with one employer past the ceiling, without written permission in hand beforehand, is time worked in breach.
Frequently Asked Questions
Does 8108 let me work for several employers for 3 months each?
The condition is written per employer, so the ceiling applies to time with "any 1 employer" rather than to total working time in Australia. Each new employer begins a separate count under the text as drafted. Whether a particular arrangement genuinely involves different employers is a question about the identity of the employing entity, which the condition text does not address.
Can permission be granted after I have already passed 3 months?
The condition requires permission that is prior to the period worked beyond the limit. Permission obtained later does not retroactively authorise the months already worked, so the practical approach is to seek written permission before the ceiling is reached, not after.
How do I know whether my visa has 8108 or 8547?
Check the conditions listed on the visa grant notification or in the official visa entitlement record for that grant. Schedule 8 states that whether a visa class may be subject to these conditions depends on the relevant Schedule 2 provision, so the label of the visa is not decisive — the imposed conditions are.
Are 8108 and 8547 ever imposed together?
The Schedule 8 text does not state that either condition excludes the other; it only ties each one's availability to the Schedule 2 provision for the visa class. In practice a holder should read every condition on the grant record, because the shorter ceiling governs if both are present on the same visa.
Does an unpaid placement or volunteer role count as being "employed"?
The condition text uses the word "employed" and the Schedule 8 text does not define it further. Because the consequence of a breach runs to visa cancellation, arrangements that sit near the boundary — unpaid placements, stipends, labour provided through a third party — should be assessed against the official guidance published for the relevant visa rather than assumed to fall outside the condition.
What law deals with cancelling a visa for breaching these conditions?
The note attached to both conditions refers to the Migration Act 1958, sections 41 and 116 to 119, which cover cancellation for breaches of conditions. That is the statutory route by which a breach of 8108 or 8547 can affect the visa itself.