_edited.png)
Visa Condition 8101: No Work in Australia Explained
Visa condition 8101 means the holder must not work in Australia. Home Affairs explains this in practical terms as not doing work in Australia that a person would normally be paid to do.
What does 'no work' mean?
The restriction is broader than simply receiving a salary. A person should not assume that unpaid activity is automatically permitted if it is the type of activity that would ordinarily be performed for remuneration. The facts and nature of the activity matter.
Visitor visas and work
Home Affairs states that a Visitor visa or Electronic Travel Authority does not allow a person to work in Australia. A non-citizen working while holding a Visitor visa or ETA can be working unlawfully even where the specific visa conditions need to be checked separately.
Condition 8101 on bridging and other visas
Condition 8101 can also appear on bridging and other temporary visas. For example, Home Affairs' Student Guardian material explains that a holder whose visa carries condition 8101 must not work in Australia. The Migration Regulations also prescribe condition 8101 for some bridging visa circumstances.
Do not assume work rights from the visa name
The safest approach is to check VEVO before starting work, changing roles or accepting an activity that could amount to work. VEVO displays the conditions on the current in-effect visa, which is particularly important for bridging visa holders whose conditions can differ from the previous substantive visa.
Check your own visa conditions
Visa conditions must be checked against the individual visa grant. Visa Entitlement Verification Online (VEVO) shows the conditions attached to a current in-effect visa.
See the full Australian Visa Conditions Database for related conditions and guides.
This article provides general information only and is not migration or legal advice. The Migration Regulations 1994 and Department guidance can change, and the legal effect of a condition depends on the individual visa and circumstances.
