Australian visa condition 8516: continue to satisfy the grant criteria (2026)
Yes — if condition 8516 is attached to your visa, you must keep being a person who would satisfy the criteria that got the visa granted, for as long as you hold it. The Federal Register of Legislation's Migration Regulations 1994, Schedule 8 (visa condition 8516) states, as at the September 2026 official page: "The holder must continue to be a person who would satisfy the primary or secondary criteria, as the case requires, for the grant of the visa."
That is the whole of the condition. There is no grace period, no reporting form and no separate deadline written into 8516 itself — the requirement is simply that the answer to "would this person still be granted this visa today, on the same facts?" stays yes.
What does condition 8516 actually require?
Condition 8516 is an ongoing obligation, not a one-off check at the time of decision. Most visa criteria are assessed once, on the evidence before the decision maker at grant. 8516 converts that snapshot into a continuing standard: the same criteria that were satisfied at grant have to remain satisfied afterwards.
Two features of the wording matter:
- "continue to be" — the test is applied repeatedly over the life of the visa, not only at the moment of grant.
- "primary or secondary criteria, as the case requires" — you must keep meeting whichever set of criteria you actually relied on. If you were granted as the main applicant, that is the primary criteria; if you were granted as a family member or other person included in someone else's application, that is the secondary criteria.
Which visas carry condition 8516?
The condition does not apply to every visa automatically. The Schedule 8 note explains that whether a visa of a particular class may be made subject to 8516 depends on the relevant provision in Schedule 2 of the Migration Regulations 1994. In practice, that means you have to read 8516 together with the criteria and conditions set out for your own visa subclass — the condition only bites where Schedule 2 allows it to be imposed, and only if it was in fact imposed on your grant.
The practical consequence: two people holding different subclasses can have quite different ongoing obligations, even though both are described as "having to keep meeting the criteria."
What happens if you stop meeting the criteria?
Breaching a visa condition is dealt with under the Migration Act 1958. The Schedule 8 note points specifically to sections 41 and 116 to 119 for cancellation for breaches of conditions. So the risk attached to 8516 is not a fine or a warning — it is the cancellation power that sits behind every visa condition.
Whether cancellation follows in any particular case is a separate question from whether the condition was breached. 8516 defines the standard; the Migration Act 1958 provisions govern what can happen when the standard is not met.
How do you tell whether you still meet the criteria?
Work backwards from the grant. Identify which primary or secondary criteria your visa depended on, then ask whether each factual element behind those criteria is still true.
Suppose an applicant was granted a visa on the basis of a set of facts — an approved arrangement, a sponsorship, an enrolment, a relationship, or a nominated occupation. Under 8516, the question is not whether the visa label is unchanged, but whether those underlying facts would still support a grant if the decision were made again today. If a fact that carried the grant has fallen away, the condition is the provision that makes that change legally relevant.
This is where caution is warranted: the criteria differ substantially between subclasses, and "would I still qualify?" is answered by reference to the criteria in Schedule 2 for that subclass, not by general impressions. The following summary is a reading aid, not a checklist that replaces those criteria.
| Condition 8516 does | Condition 8516 does not |
|---|---|
| Require the grant criteria to remain satisfied throughout the visa | Apply to every visa class on its own — Schedule 2 governs whether it can be imposed |
| Cover whichever of the primary or secondary criteria you relied on | Set out its own reporting step, deadline or penalty |
| Link a change in your circumstances to the cancellation provisions in the Migration Act 1958 | Decide on its own whether a visa will actually be cancelled |
This article is general information only and is not personalised advice about your visa; because whether 8516 is attached to your grant and what your subclass requires can turn on details that differ case by case, treat the official wording and the criteria for your own subclass as authoritative, and seek professional advice about your situation before acting.
Frequently Asked Questions
Is condition 8516 attached to every Australian visa?
No. The Schedule 8 note states that whether a visa of a particular class may be made subject to 8516 depends on the relevant provision in Schedule 2 of the Migration Regulations 1994. You need to check whether the condition was imposed on your grant.
What is the difference between primary and secondary criteria?
Primary criteria are the criteria a main applicant must meet in their own right, while secondary criteria apply to a person granted the visa through another person's application, such as a family member. Condition 8516 requires you to keep satisfying whichever set applied to you.
What happens if I breach condition 8516?
Breaches of visa conditions are addressed under the Migration Act 1958. The Schedule 8 note refers to sections 41 and 116 to 119 for cancellation for breaches of conditions, so cancellation is the consequence the condition is connected to.
Does 8516 itself require me to notify anyone of a change?
The wording of 8516 is a substantive requirement to keep satisfying the criteria, not a notification procedure. Whether any separate obligation to inform the Department arises depends on the conditions and provisions that apply to your visa, rather than on 8516's own text.
Is there a time limit on condition 8516?
No fixed period appears in the condition. It is expressed as an ongoing requirement on the holder, so it applies for as long as the visa remains in effect.
Where can I read the exact wording?
The condition is published in Schedule 8 of the Migration Regulations 1994 on the Federal Register of Legislation, and that page is the authoritative source for the wording quoted above.