Condition 8101 – The holder must not engage in work in Australia
Subclass 600 Visa holders with Condition 8101 must not engage in work in Australia. Work is defined in migration law refers to an activity that attracts remuneration. The purpose of condition 8101 is to prevent the visa holder from working in Australia as this could have an adverse impact on employment opportunities for an Australian citizen or permanent resident.
Condition 8101 is mandatorily imposed on the following streams of the Subclass 600 visa:
- Tourist stream;
- Sponsored Family stream; and
- Approved Destination Status (ADS) stream.
Condition 8101 is not imposed on a Subclass 600 visa in the Business Visitor stream or the Frequent Traveller stream as this condition could prevent the conduct of certain business visitor activities.
Subclass 600 visa holders with condition 8101are allowed to carry out activities such as volunteering, domestic family support, and online work provided that they are not paid for the activity by an Australian employer.
The following activities are not is not considered to be in breach of condition 8101.
Volunteering
Genuine volunteer work on a Subclass 600 visa is permitted provided the volunteer work should be unpaid and is less than 3 months. Volunteer roles are expected to be in not-for-profit organisations. Casual volunteer activities for spiritual purposes can be included on a Subclass 600 visa in the Tourist stream
However, work experience and on-the-job training are generally not accepted as a 600 visa holder and are considered to be in breach of condition 8101 as these activities would normally attract remuneration.
Domestic family support
Applicants can visit Australia to provide domestic support to family in Australia provided the support is unpaid and less than 12 months. Child minding or carer activities on a non-ongoing basis for a family member are some examples of domestic family support.
Online work
Subclass 600 visa holders undertaking limited work activities online for an overseas employer, during their visit to Australia, are generally not considered to be in breach of condition 8101.
Visa holders who work remotely online, either self-employed or employed by a company without an office in Australia, while travelling between different locations (who are ), may also be eligible for the tourist visa in either the Tourist stream or Business Visitor stream.
