1. What Condition 8607 Means
Condition 8607 is one of the most critical conditions on a Subclass 482 (TSS) visa. It requires you to work in the exact nominated occupation for the specified sponsor organisation within 90 days of your visa being granted or within 90 days of your arrival in Australia, whichever is later. This is not optional—it is a mandatory condition that, if breached, can result in immediate visa cancellation.
The condition has two key components: first, you must take up employment in your nominated occupation; and second, you must do this for the sponsor organisation that applied for you. The "nominated occupation" is the specific job title and ANZSCO code listed in the sponsorship application—for example, "Software Engineer" or "Registered Nurse". You cannot switch to a different occupation or role with the same employer without triggering a breach. Similarly, you cannot move to a different employer in the same occupation without applying for a new sponsorship and visa.
You must also hold any required professional licences or registrations for your occupation before starting work. This includes medical registration, nursing registration, engineering accreditation, accounting qualifications, or any other mandatory credential specified in your occupation's regulatory framework. Working without these credentials, even if your employer is willing, constitutes a breach of condition 8607 and can lead to visa cancellation.
2. Which Visas Carry This Condition
Condition 8607 is unique to the Subclass 482 (Temporary Skill Shortage) visa and is a defining feature of this visa type. The 482 visa was introduced to allow Australian employers to sponsor skilled workers for positions where they claim a genuine skills shortage cannot be filled by Australian workers. Unlike some other skilled migration pathways, the 482 visa is inherently employer-sponsored—you cannot simply hold a 482 visa and work for anyone; you must work for your nominated sponsor in your nominated role.
The condition exists because the 482 visa is designed as a temporary solution to a specific employer's labour shortage in a specific role. The employer must sponsor you, and you must fulfil the role they applied for. This reciprocal obligation protects both the worker (ensuring employment security with the named employer) and the system (ensuring the visa is used as intended, not as a general work visa).
Common scenarios where condition 8607 applies include specialist tradespeople (electricians, plumbers), IT professionals, healthcare workers, and hospitality managers. In each case, the visa holder must begin work in their nominated role within the 90-day window. If you are outside Australia when your visa is granted, the 90 days begins on your arrival date. If you are in Australia when granted (via a bridging visa or early grant), the 90 days begins on the grant date itself.
3. Consequences of Breaching Condition 8607
A breach of condition 8607 is serious and can lead to visa cancellation. The most common breach scenario is failure to commence employment in the nominated occupation within the 90-day period. If you do not start work in your nominated role by day 90, the Department of Home Affairs can cancel your visa under section 116 of the Migration Act without further notice, unless you can demonstrate a reasonable excuse. The burden is on you to justify any delay—for example, due to a medical emergency, administrative delays beyond your control, or genuine circumstances affecting the employer.
A deliberate breach—such as intentionally refusing to work in the nominated occupation, working in a different occupation entirely, or working for a different employer—can have additional consequences beyond visa cancellation. The Department may consider deliberate breach as supporting grounds for character cancellation under section 501 of the Migration Act. Deliberate breach is viewed as dishonest conduct that may indicate you are not of good character, with serious implications for your visa status and future migration outcomes.
If your 482 visa is cancelled due to a breach of condition 8607, the re-entry implications are significant. A cancellation creates a negative visa history that will affect future sponsorship applications, skilled migration applications, and even partner visa or family reunion applications. You may be subject to a 3-year re-entry ban if the cancellation was based on section 501 character grounds. Even without character grounds, a cancelled work visa substantially damages your credibility with future sponsors and visa decision-makers.
4. Waiver and Removal Options
Condition 8607 cannot be waived or removed by the Department under Regulation 2.05 (the ministerial waiver regulation) because it is a mandatory condition that forms part of the fundamental structure of the 482 visa. The condition is prescribed by the Migration Regulations and reflects the legislative intent that 482 visa holders must work for their sponsor in their nominated occupation. There is no formal process to request its removal.
However, if your circumstances change—for example, if the employer withdraws the sponsorship or if you become ill and cannot work within the 90-day period—you should contact the Department immediately to discuss your options. In exceptional circumstances, the Department may exercise discretion and grant a bridging visa if you have applied for alternative sponsorship or if you are working with your current employer towards compliance. This is not a formal waiver, but rather an exercise of administrative discretion while you transition between visas.
If you are concerned you may not be able to start work within the 90-day period, contact a registered migration agent immediately. Do not simply ignore the condition and hope the Department overlooks the breach—a proactive approach (such as applying for a bridging visa while sponsorship paperwork completes, or notifying the Department of delays before day 90) is far preferable to a breach that leads to cancellation.
5. What to Do If You Have This Condition
- Verify your condition: Check your visa grant letter to confirm condition 8607 is listed. Read the exact wording, which will specify your nominated occupation, ANZSCO code, and sponsor organisation name.
- Confirm your occupation code: Verify that the role you will perform matches the ANZSCO code listed in your sponsorship approval. Do not assume a similar-sounding role is acceptable—the match must be precise.
- Check licensing and registration requirements: Research whether your occupation requires professional registration in the state or territory where you will work. Obtain all required credentials before your 90-day clock expires.
- Confirm your start date with your sponsor: In writing, confirm with your employer the exact date you will commence employment. Keep this correspondence as evidence. Ensure the start date falls within 90 days of your visa grant date (or arrival date, if later).
- Start work and document it: On your start date, begin employment in your nominated occupation. Keep payslips, employment contracts, email correspondence, and any other documentation proving you commenced work in the correct role for the correct employer within the 90-day period.
- Notify the Department if circumstances change: If you become ill, your employer withdraws the offer, or you face delays beyond your control, contact the Department before day 90. Explain your situation and discuss your options. Silence after the deadline passes significantly worsens your position.
- Maintain compliance ongoing: After you begin work, continue working in your nominated occupation for your nominated sponsor. Any change in role, employer, or occupation requires a new sponsorship application and visa grant before you move.