Condition 8112 Condition 8112 states that: 'The holder must not engage in work in Australia that might otherwise be carried out by an Australian c

Revised Policy - Condition 8112

Condition 8112 states that: 'The holder must not engage in work in Australia that might otherwise be carried out by an Australian citizen or an Australian permanent resident.'

As you may already be aware, the Department of Immigration and Citizenship recently revised its policy on Condition 8112. The revised policy applies equally to the following visa subclasses which all have a mandatory 8112 condition imposed:

* Business Visitor (Short Stay) visa (subclass 456)
* Sponsored Business Visitor (Short Stay) visa (subclass 459)
* Electronic Travel Authority (Business Entrant - Long Validity) visa (subclass 956)
* Electronic Travel Authority (Business Entrant - Short Validity) visa (subclass 977).

These visas allow business people to:

* visit Australia to conduct business (e.g. attend conferences, business negotiations, exploratory visits in conjunction with a holiday) or
* work for short-periods in limited circumstances

The Business (Long Stay) visa (subclass 457) visa is considered the most appropriate visa for people who are primarily travelling to Australia to undertake skilled work, as it contains a range of safeguards backed by monitoring arrangements that are designed to ensure that sponsors are aware of their obligations and abide by them when bringing overseas skilled workers to Australia.

What has changed?

The revised Condition 8112 policy aims to ensure that the Department's interpretation of Condition 8112 is consistent with the original intention behind the subclass 456 visa. Work will therefore still only be allowed in very limited circumstances. Nevertheless, the revised policy aims to provide greater clarity as to the type of limited work that may be allowed.

Under the revised policy, work may be allowed if the employment is one of the following:

* highly specialised in nature (that is: ASCO 1 to 4) and not ongoing (generally no more than 21 days)
* an emergency or an urgent situation and not ongoing
* in Australia’s interest.

Short stay business visitor visas are still not appropriate for:

* unskilled or semi-skilled labourers
* individuals wishing to work in Australia for long periods or on an ongoing basis.

Please be aware that subclass 456 and 459 applicants intending to work in Australia and/or their employers may, however, be requested to provide additional evidence that the activities they propose to undertake will not have any adverse consequences for the employment or training opportunities, or conditions of employment, for Australian citizens or permanent residents.

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