Many employers are experiencing the confusion of Visa condition 8107 - work limitation and whether Pandemic event visa 408 holders can change employers. Within the scope of this article, we will illustrate the two different meanings of these terms and conclude with a clear answer to the question above.
What is condition 8107?
In any recruitment activities, human resource managers must conduct a VEVO check on their employees to see if those candidates can work for them and do not breach any visa conditions. What does it mean when you meet condition 8107- work limitation?
Condition 8107 in Schedule 8 of the Migration Regulations 1994 sets out restrictions on your employment in Australia. This information provides a summary of some of those restrictions.
8107 - Work limitation attached means that the visa held by the visa holder was granted either to allow them to be employed by a particular employer or to undertake specific activities in Australia other than employment
- You must not stop working for your employer. You must not work in a different position, occupation, or with another employer or for yourself.
- You must not stop doing the activity the visa was granted for.
- You must not do other activities or do the activity for yourself or anyone else.
Can you change employers while holding a 408 (Australian Government Endorsed Event) Pandemic Event Visa with condition 8107- work limitation?
The COVID-19 Pandemic event visa is part of the Subclass 408 (Australian Government Endorsed Event stream) visa. A criterion for this visa is that applicants seek to remain in Australia to undertake work directly associated with an event. There are two types of Visas granted in terms of length of stay, 12 months for workers working in a critical sector and three months for those not working in the critical sector but unable to depart Australia.
Visa holders granted 12 months to work in a critical sector should continue to work in a critical sector to comply with their visa conditions or make arrangements to depart Australia.
Critical sector visa holders are permitted to:
- Change employment as long as they stay employed in a critical sector
- Work for more than one employer in one or more critical sectors
- Work for more than one employer, as long as their primary employment is in a critical sector
Visa holders not working in a critical sector with a 3-month stay in Australia also have work rights, noting that they are granted this visa to provide them with more time to depart Australia. These visa holders may change employment and work for more than one employer. Please note that visa holders’ claims that they cannot depart Australia may be scrutinized on subsequent COVID-19 Pandemic event visa applications.
Once a visa has been granted, the Department will not undertake further assessments or provide advice about employment changes.
Important Update Regarding Visa Condition 8107 for 408 Visa Holders and Applicants in Australia
Due to the labour shortage in Australia, 408 visa holders and applicants are now permitted to work without restrictions.
With this modification, there is no longer a requirement to contact the Department to update on employment changes.
However, it is essential to note that if you are currently holding or applying for a 408 visa and become unemployed, it is recommended to promptly find a new employer or make arrangements to leave Australia.
Once you have notified the Department, this auto generated response will serve as confirmation of your update. Individual confirmations or updated grant notifications will not be provided.
Work Visa Lawyers – Temporary Activity Visa 408 - Australian Government endorsed events
The subclass 408 COVID-19 Pandemic event visa is a visa of last resort.
Work Visa Lawyers will assess whether your occupation and your current profile fits into this covid visa 408. We will then draft and collate all the necessary paperwork, submit it, and follow up on your behalf.
We are one of the best Immigration Agents and Lawyers in Australia. we are based in South Australia, and you are always welcome to book an appointment with us via phone call, Zoom/Skype or Face to face consultation.
Book an appointment with one of our experienced Immigration Lawyers and Registered Migration Agents here.