Visa Condition 8101 – Breaching the ‘No Work’ Condition

Depending on the type of visa you are issued and your circumstances, you may find yourself subject to one or more relevant conditions.

One of the more common conditions is condition 8101 – relevantly, that the visa holder may not engage in work in Australia (this is defined as activities for which they would ordinarily be paid money).

If you wish to engage in volunteer work (for less than 3 months), help your family out at their home (e.g. caring for a newborn baby) or respond to a few work emails and calls from your regular job, you will not run afoul of this requirement.

However, if you so start work in what the Department would consider to constitute a ‘job’, you may find your visa at risk of cancellation.

What happens if I’m found to breach Visa Condition 8101?

Visa Condition 8101 specifies that the decision maker can cancel a person’s visa, in view of the circumstances of the breach. In practice, this means that you will be given an opportunity to explain why you have breached the condition and the decision maker has the power to make their decision in light of all relevant circumstances.

Relevant circumstances will include the purpose for which the visa holder is in Australia, and the extent to which the circumstances of the breach are beyond the person’s control. If the delegate believes the breach was outside of a person’s control, they will typically elect not to cancel their visa.

One further important consideration is the extent of hardship that cancelling the person’s visa would be expected to occur to their family members in Australia. If the person is able to establish significant detriment to Austrlaian relatives (e.g. if they are caring for children of hospitalised parents), then there is a chance that they will be permitted to stay.

Flow-on consequences of breach

If a person does have their visa cancelled as a result of breaching a visa condition, they will be required to leave Australia and may experience significant difficulties with their future applications to visit Australia.

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