Visa condition 8101 explained: what counts as 'work', and what breaching it means
What condition 8101 actually says, how the Migration Regulations define 'work', which visas commonly carry it, and what breaching it can mean for both the visa holder and an employer. Figures as at September 2026.
Read the full guide, with official sources →
Watch
Chapters
- 0:00 The condition people breach without realising it
- 0:13 Schedule 8, clause 8101
- 0:23 What 'work' actually means
- 0:37 Not every stream of the same visa carries it
- 0:53 8101 isn't the only work condition
- 1:07 Genuine charity volunteering is treated differently from work
- 1:23 Cancellation is discretionary, not automatic
- 1:40 Employers are exposed too
- 1:58 Getting work rights added to a bridging visa
- 2:14 Check your own grant notice — not the subclass alone
- 2:27 Where to read more
Transcript
Condition 8101 is one of the most frequently breached visa conditions in Australia, because 'work' is defined far more broadly than a job with a wage.
Schedule 8, clause 8101 of the Migration Regulations 1994 says it in eight words: the holder must not engage in work in Australia.
Regulation 1.03 defines work as an activity that, in Australia, normally attracts remuneration. The test is whether the activity is normally paid, not whether you personally were paid for it this time.
It's most commonly seen on the Visitor visa, subclass 600, in its tourist and sponsored family streams, and on some Bridging Visa E grants. Not every stream carries it: the 600's business visitor stream has a different condition altogether.
8101 is a total ban. Conditions 8104 and 8105, seen on some student and graduate visas, allow work but cap the hours instead. They're different conditions with different rules.
Genuine unpaid volunteering for a registered charity, where the role wouldn't normally be a paid position, is generally treated differently from work. An unpaid internship, or unpaid labour that displaces what would otherwise be paid work, can still count as work.
Breaching a condition is grounds for cancellation under section 116 of the Migration Act. Section 116 gives the Minister a discretion: it says the Minister may cancel, not must. The process itself runs through sections 117 to 119.
Employers face separate penalties. A civil penalty of up to 240 penalty units per worker, up to 5 times that for a company. Criminal offences run up to 360 penalty units and 2 years, rising to 900 penalty units and 5 years for an aggravated offence.
If you hold a Bridging Visa A, B or C with no work rights, Form 1005 lets you apply to swap it for the same class with different conditions, generally on evidence of a compelling need to work. A Bridging Visa E holder follows a different process.
The mistake to avoid: assuming your visa subclass alone tells you whether 8101 applies. It attaches to your individual grant. Check your own grant notice, or run a VEVO check.
The full guide, with the official sources, is on migratio.com.au. The link is in the description.
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