Visa condition 8107: the sponsored work limitation explained

What condition 8107 requires

In broad terms, condition 8107 requires a sponsored visa holder to work in accordance with the employment arrangement the visa was granted for. While employed by the sponsor, the holder must not work in a position or occupation inconsistent with the one the visa was granted in relation to, and historically the condition also prevented working for anyone else on the side.

The condition comes from Schedule 8 of the Migration Regulations 1994 and its exact operation depends on which subclause applies to your visa — the drafting distinguishes between different visa types granted for employment purposes.

The underlying logic is that employer-sponsored visas are granted for a specific job with a specific business. The sponsorship framework assesses that employer and that occupation, so the visa condition holds the arrangement together: the visa holder works in the role the visa was based on, and the sponsor carries obligations in return. If the role changes materially, or the employment ends, the condition's rules about what happens next are triggered.

8107, 8607 and 8608: which one is on your visa

People searching for condition 8107 in a 482 context often actually hold condition 8607. The numbering follows the visa: 8107 appears on subclass 457 visas and certain other temporary work visas, 8607 is the standard work condition on subclass 482 visas (Skills in Demand, formerly Temporary Skill Shortage), and 8608 applies to the subclass 494 Skilled Employer Sponsored Regional visa.

Condition 8607 requires the holder to work only in the occupation nominated in the nomination linked to their most recent 482 visa grant. The practical effect is very similar to 8107: your work rights are anchored to a nominated occupation and an approved sponsor.

Condition 8107 is not one uniform rule — it has separate subclauses for different visas, and only one of them was given the 2024 cessation allowance. Subclause (3), which applies to a current or previous Subclass 457 visa granted under the criteria that applied before 18 March 2018, was amended from 1 July 2024 to carry the same allowance now built into conditions 8607 and 8608 (Migration Regulations 1994, sch 8, as amended by the Migration Amendment (Work Related Visa Conditions) Regulations 2024, F2024L00776). The other subclauses of 8107 — covering Subclass 401, 402, 420 and 407 visa holders — set out what the holder must keep doing, with no stated grace period. The only way to know which condition, and which subclause, governs your own visa is to read your grant notice or check VEVO, because the consequences of getting it wrong — for you and for any employer relying on your work rights — are significant.

The 1 July 2024 changes: 180 days at a time, 365 days in total

From 1 July 2024, condition 8607 (482), condition 8608 (494), and subclause (3) of condition 8107 (the 457-linked subclause described above) each give a visa holder who stops working for their sponsor up to 180 consecutive days at a time, and a maximum of 365 days in total across the whole visa period, during which they are not working for that sponsor. That time can be used to find a new approved sponsor, apply for a different visa, or arrange to depart Australia. The regulation does not itself use the word 'grace period', but that is the practical effect: outside those limits, the underlying obligation to keep working in the nominated occupation for the nominated sponsor still applies.

Because the allowance is a specific carve-out added to the condition, a holder covered by a subclause without it — including the 401, 402, 420 and 407 visas under condition 8107 — has no equivalent window; the condition simply requires the nominated employment or activity to continue, with no stated exception for a gap.

The details of how the periods are counted and what work is permitted in a specific case depend on the condition, subclause and grant date, so it is worth checking the current Home Affairs guidance against your own circumstances.

Practical implications for changing jobs

The condition shapes how a sponsored worker can change employers. Moving to a new sponsoring employer is not simply a matter of resigning and starting elsewhere — the new employer generally needs to be an approved sponsor and to lodge a new nomination for the role before the ongoing sponsored work arrangement can continue on the same visa.

The 180-day framework gives breathing room between jobs, but it is not unlimited: the clock runs while you are not working for a sponsor, and the 365-day total is a cap across the entire visa period, not per employment episode. Workers who have already used part of the allowance in an earlier job change have less runway later.

Promotion or role changes with the same employer can also raise questions where the new duties sit outside the nominated occupation. Whether a particular change is consistent with the nomination is a factual question that depends on the occupation definition involved. A count of duties against the nominated occupation is something an employer's HR team and a migration professional typically review together before the change takes effect.

Breach and where to get the position checked

Complying with visa conditions is a condition of holding the visa. A breach of a work condition such as 8107 or 8607 can put the visa at risk of cancellation under the Migration Act's general cancellation powers, and can complicate future applications. Employers also carry separate obligations and risks when they employ someone in breach of their conditions, which is why careful employers check work rights through VEVO.

Because the 2024 changes rewrote how the cessation periods work, older advice and older internet answers about '60 days to find a new sponsor' are out of date. Always check the current Home Affairs guidance for the rules that apply now.

If you hold a sponsored visa and your employment has ended, is about to end, or your role is changing, a MARA-registered migration agent can review which condition applies to your grant, how much of the cessation allowance you have used, and what your options look like from here.

I have a 482 visa — is my work condition 8107 or 8607?

Subclass 482 visas carry condition 8607, which requires you to work in the occupation nominated for your most recent 482 grant. Condition 8107 applies to subclass 457 and certain other temporary work visas. Check your grant notice or VEVO to confirm which condition is on your visa.

How long do I have if I stop working for my sponsor?

Holders of condition 8607 (482) or 8608 (494) have up to 180 consecutive days at a time, and no more than 365 days in total across the visa period, of not working for their sponsor. The same allowance applies under condition 8107 only through subclause (3), which covers a current or previous Subclass 457 visa holder. Other visas that carry condition 8107, such as the 401, 402, 420 and 407, have no equivalent allowance. Check the current Home Affairs guidance for how this applies to your visa.

What happens if I breach the condition?

Breaching a visa condition can be grounds for visa cancellation and can affect future applications. Whether a particular situation amounts to a breach depends on the facts, the condition wording and the grant date — a MARA-registered agent can review how the condition applies to your specific case.