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Visa Condition 8516: Continuing to Satisfy Visa Eligibility Criteria
Condition 8516 requires a visa holder to continue to be a person who would satisfy the primary or secondary criteria, as the case requires, for the grant of the visa. Its effect therefore depends heavily on the particular visa subclass and the criteria under which the holder received the visa.
Why condition 8516 is different from a simple conduct rule
Some visa conditions impose a specific rule such as no work or a work-hour limit. Condition 8516 instead links ongoing compliance back to the visa's grant criteria. A change in the facts supporting the original visa can therefore raise questions about whether the holder continues to satisfy the relevant criteria.
Primary and secondary criteria
Australian visa subclasses commonly distinguish between primary criteria for a principal applicant and secondary criteria for family members or other secondary applicants. Condition 8516 expressly refers to the applicable set of criteria for the particular holder.
Changes in circumstances
Whether a change in employment, relationship, study, sponsorship, dependency or another circumstance affects condition 8516 depends on the visa subclass and the wording of the relevant Schedule 2 criteria. There is no universal answer that applies across all visas carrying the condition.
What should a visa holder do?
First check whether condition 8516 is actually attached to the current visa using the grant notice or VEVO. If circumstances have materially changed, identify the exact visa criteria that applied at grant before assuming the change is harmless or automatically breaches the condition.
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.
