1. What Condition 8109 Means
Condition 8109 is a work-related condition that 'fixes' the engagement details on your visa. When this condition is placed on your visa, the times and places of your engagement — for example, the date and location of a concert performance, theatrical event, or other contracted engagement — become locked in. You cannot change them without going back to the Department and obtaining explicit written permission from the Secretary of the Department of Home Affairs.
The operative requirement is straightforward: the times and places specified in your visa application must remain exactly as stated. If your performance was scheduled for 15 June 2026 at the Sydney Opera House, you cannot move it to 20 June or to another venue without Secretary approval. Any change, no matter how minor it seems, technically requires permission first.
This condition exists because the Department wants to ensure that the specific engagement you were granted the visa to perform is the engagement you actually perform. It prevents visa holders from switching to different jobs, venues, or dates without scrutiny, and it keeps the temporary nature of your stay front and centre.
2. Which Visas Carry This Condition
Condition 8109 is most commonly applied to temporary activity visas for performers and entertainers, including those on Subclass 402 (Temporary Activity visa) and Subclass 403 (Temporary Long Stay Activity visa) visas. It can also appear on other temporary work visas where the engagement is the primary basis for the visa grant.
Performers, musicians, actors, dancers, and other entertainers applying under these subclasses are frequent holders of condition 8109. The condition makes sense in this context: the Department's decision to grant the visa is based on a specific engagement (e.g. 'perform at X festival on dates Y'). Condition 8109 ensures you do exactly that engagement, not a different one.
While various visas can technically carry this condition, it is most typical for short-stay activity visas tied to a specific contracted performance or event. Long-term work visas (like Subclass 489, 491, or 494 skilled regional visas) do not usually carry this condition because employment on those visas is broader and more flexible.
3. Consequences of Breaching Condition 8109
Breaching condition 8109 by changing your engagement times or places without Secretary permission is a serious matter. The breach itself can trigger visa cancellation under section 116 of the Migration Act. The Department can cancel your visa with immediate effect if you fail to comply with a condition, and you would be required to leave Australia immediately.
Beyond cancellation, a breach of condition 8109 may also be considered evidence of character grounds issues (s501 of the Migration Act), especially if the breach is deemed dishonest or deceptive. This can create complications for any future visa applications and may result in a period of time before you are eligible to apply again.
Once your visa is cancelled, you will lose lawful migration status and become an unlawful non-citizen. This affects your ability to work, study, rent accommodation, and access many services. Re-entry to Australia after cancellation can be difficult and is not guaranteed, even if you apply for a new visa later.
4. Waiver and Removal Options
Condition 8109 can be waived or removed under regulation 2.05 of the Migration Regulations 1994. To request waiver or removal, you must lodge a formal application to the Department of Home Affairs, usually through the ImmiAccount portal or by contacting the relevant Department office handling your visa. You will need to provide a written reason for the change and evidence supporting your request — for example, a letter from the event organizer confirming the new date or venue due to unforeseen circumstances.
Whether the Department grants a waiver depends on the circumstances and the Department's assessment of whether the change affects the integrity of your visa. If the engagement change is minor and beyond your control (e.g. the venue changed the date due to infrastructure issues), the Department may be sympathetic. However, if the change appears to be a switch to a different job or employer, the Department is unlikely to approve it.
It is important to apply for waiver before making any change. Do not assume the Department will forgive a breach after the fact. Always seek written permission in advance to protect yourself from potential cancellation and character concerns.
5. What to Do If You Have This Condition
- Verify the condition is on your visa: Check your Grant Notification or the Department's online portal (ImmiAccount) to confirm condition 8109 appears on your visa conditions list.
- Identify your engagement details: Clearly note the times (dates, hours) and places (venue names, addresses) of your engagement as specified in your visa application or Grant Notification.
- Understand the restriction: Accept that these details cannot change without permission. Do not assume minor changes are acceptable or won't be noticed.
- Inform your employer or sponsor: Make sure the organisation or person sponsoring you (or the event organiser) understands this condition exists and that any change to times or places must go through the Department.
- Plan for contingencies: If there is any possibility your engagement might need to change (weather, illness, technical failure), discuss it with your employer and the Department as early as possible. Document any force-majeure clauses in your contract.
- If a change becomes necessary: Contact the Department of Home Affairs immediately. Do not proceed with the change. Explain the change, provide supporting evidence (organiser letter, contract amendment, etc.), and request written permission in advance.
- Keep records: Save all correspondence with the Department regarding your condition 8109 compliance, including any permission emails or letters granted.