Condition 8107: Work Restricted to Nominated Employer/Activity

1. What Condition 8107 Means

Condition 8107 is a strict employment restriction that limits where and how you can work in Australia. The condition requires that you work only for the employer specified in your visa grant letter, and only in the specific occupation or role that was nominated. This is a non-negotiable restriction — you cannot take on work for any other employer, even temporarily, without first obtaining formal approval from the Department of Home Affairs.

The 'nominated employer' is the sponsor who applied for your visa and is named in your visa documents. The 'nominated occupation' is the job title and duties that were declared in the sponsorship application. For example, if your visa specifies 'ABC Corporation' as your employer and 'Software Engineer' as your occupation, you may only work as a Software Engineer for ABC Corporation. Working as a Software Engineer for any other company, or working in any other role for ABC Corporation, would breach this condition.

In practice, this means any change in employment circumstances — changing to a different employer, changing to a different role, taking on additional employment, or even short-term casual work elsewhere — requires prior Department approval. The condition applies regardless of whether the alternative work is related to your nominated occupation. Many visa holders underestimate the strictness of this condition; even a single day of work outside the nomination is technically a breach.

2. Which Visas Carry This Condition

Condition 8107 was historically the primary employment restriction on the Subclass 457 (Temporary Skilled Migration) visa. The 457 visa has now been replaced by the Subclass 482 (Temporary Skill Shortage visa), which largely uses Condition 8607 instead. However, 8107 still appears on some visas granted before the transition, and may apply to certain visa categories where the Department deems strict employer nomination appropriate.

The condition applies to sponsored work visas where the Australian employer is the primary sponsor and the visa is granted on the basis of a specific employer-employee relationship. While 482 replaced 457, some holders of earlier-generation 457 visas still carry condition 8107. Additionally, certain other sponsored visas and visa classes may include this condition depending on the sponsorship circumstances and the occupation.

The prevalence of this condition has declined over time as immigration policy has shifted toward more flexible work conditions (like 8607), but it remains relevant for historical visa holders and in specific sponsorship scenarios. If you are on a sponsored work visa and unsure whether you have this condition, check your visa grant letter or letter of determination — the condition will be listed under 'Conditions'.

3. Consequences of Breaching Condition 8107

Breaching Condition 8107 is a serious matter with potentially severe consequences. If you work for an employer other than your nominated employer, or work in an occupation other than your nominated occupation, without Department approval, you are in breach of your visa conditions. The Department has broad powers under section 116 of the Migration Act to cancel your visa on the grounds of breach of condition.

A single breach — even one day of unauthorized work — can trigger visa cancellation. The Department does not need to issue a warning first; cancellation can be swift once a breach is identified. If your visa is cancelled under section 116, you are immediately deemed not to hold a valid visa and must stop work immediately. Continuing to work after cancellation may expose you to additional character questions in any future visa application.

Beyond cancellation, a breach of this condition may result in character grounds being raised in any future visa application, including for Partner visas, permanent residency, or citizenship. The breach may also result in a re-entry ban, preventing you from returning to Australia for a specified period (typically 1–3 years) even if your visa is not cancelled. Additionally, your employer sponsor may face penalties and loss of sponsorship privileges.

4. Waiver and Removal Options

Conditions can be waived by the Department under the Migration Regulations 1994, specifically regulation 2.05. However, a waiver is not automatic or guaranteed. The Department will only consider a waiver if you can demonstrate circumstances that justify setting aside the condition — for example, if your nominated employer has ceased operations and you need to continue working in Australia, or if there is a compelling personal or business reason for the waiver.

To seek a waiver, you must apply to the Department in writing, clearly explain your circumstances, and provide supporting evidence. The Department is more likely to grant a waiver if the waiver is narrow in scope (e.g., 'work for Employer X instead of the nominated Employer Y for 3 months') rather than a broad or open-ended waiver. It is important to note that a waiver does not automatically approve your new employer — you may still need to go through a formal sponsorship variation process depending on the circumstances.

In practice, waivers for this condition are not commonly granted, and the Department typically expects visa holders to either comply with the condition as stated or to apply for a variation of sponsorship (if available under the relevant visa rules). If you believe you have grounds for a waiver, you should seek professional advice before applying, as a rejected application may result in enforcement action.

5. What to Do If You Have This Condition

1. Verify you have the condition. Check your visa grant letter or letter of determination. Look for 'Condition 8107' or 'Work restricted to nominated employer/activity' in the Conditions section. If uncertain, contact the Department or consult a registered migration agent.
2. Identify your nominated employer and occupation. Your visa documents will specify the exact employer name and job title. Write these down and keep them safe. These are the only employer and role you are permitted to work in.
3. Understand the restriction applies at all times. You cannot work for anyone else, even temporarily, casually, part-time, or for a day. This includes volunteer work that constitutes 'work' under Australian visa laws. The restriction applies for the entire duration of your visa.
4. Plan any employment changes well in advance. If you need to change employers or roles (for example, your employer goes out of business or offers you a promotion), you must seek Department approval before starting the new work. Do not commence work first and seek approval later — this is a breach.
5. Apply for sponsorship variation or waiver if needed. Contact your current sponsor or a prospective new sponsor, or apply to the Department for a waiver under regulation 2.05, depending on your circumstances. Allow at least 2–4 weeks for processing.
6. Get professional advice if you are uncertain. Before making any employment change, consult a registered migration agent or lawyer. The consequences of breach are serious, and professional advice can help you navigate the process correctly.
7. Keep documentation of your approval. If the Department approves a variation or waiver, keep a copy of the approval letter with your visa documents. This serves as evidence that you have authority to work outside your original nomination.