Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(subregulations 2.05 (1) and (2))
Note 1 Whether a visa of a particular class may be made subject to any of these conditions depends on the relevant provision in Schedule 2.
Note 2 As to cancellation for breaches of conditions, see the Act, ss. 41 and 116 to 119.
8101 The holder must not engage in work in Australia.
8102 The holder must not engage in work in Australia (other than in relation to the holder's course of study or training).
8103 The holder must not receive salary in Australia without the permission in writing of the Secretary.
8104 (1) Subject to subclauses (2) to (6), the holder must not engage in work for more than 20 hours a week while the holder is in Australia.
(2) If the holder is a member of the family unit of a person who satisfies the primary criteria for the grant of a student visa, the holder must not engage in work in Australia until the person who satisfies the primary criteria has commenced a course of study.
(3) If the holder is able to engage in work in accordance with subclause (2), the holder must not engage in work for more than 20 hours a week while the holder is in Australia unless subclause (4) or (5) applies.
(4) Subclause (3) does not apply if:
(a) the visa for which the primary criteria were satisfied is:
(i) a Subclass 573 (Higher Education Sector) visa; or
(ii) a Subclass 574 (Postgraduate Research Sector) visa; and
(b) the course of study is a course for the award of a masters or doctorate degree that is registered on the Commonwealth Register of Institutions and Courses of Overseas Students.
(5) Subclause (3) does not apply if:
(a) the visa for which the primary criteria were satisfied is a Subclass 576 (AusAID or Defence Sector) visa; and
(b) the course of study is a course for the award of a masters or doctorate degree.
(6) In this clause:
week means the period of 7 days commencing on a Monday.
8105 (1A) The holder must not engage in any work in Australia before the holder's course of study commences.
(1) Subject to subclause (2), the holder must not engage in work in Australia for more than 20 hours a week during any week when the holder's course of study or training is in session.
(2) Subclause (1) does not apply to work that was specified as a requirement of the course when the course particulars were entered in the Commonwealth Register of Institutions and Courses for Overseas Students.
(3) In this clause:
week means the period of 7 days commencing on a Monday.
8106 The holder must engage in work in Australia only if the work is relevant to the conduct of the business, or performance of the tasks, specified in the visa application.
8107 The holder must not:
(a) if the visa was granted to enable the holder to be employed in Australia:
(i) cease to be employed by the employer in relation to which the visa was granted; or
(ii) work in a position or occupation inconsistent with the position or occupation in relation to which the visa was granted; or
(iii) engage in work for another person or on the holder's own account while undertaking the employment in relation to which the visa was granted; or
(b) in any other case:
(i) cease to undertake the activity in relation to which the visa was granted; or
(ii) engage in an activity inconsistent with the activity in relation to which the visa was granted; or
(iii) engage in work for another person or on the holder's own account inconsistent with the activity in relation to which the visa was granted.
8108 The holder must not be employed in Australia by any 1 employer for more than 3 months, without the prior permission in writing of the Secretary.
8109 The holder must not change details of times and places of engagements specified in the application to be undertaken in Australia during the visa period, without the prior permission in writing of the Secretary.
8110 The holder:
(a) must not engage in work in Australia except in the household of the employer in relation to whom the visa was granted; and
(b) must not work in a position or occupation inconsistent with the position or occupation in relation to which the visa was granted; and
(c) must not engage in work for another person or on the holder's own account while undertaking the employment in relation to which the visa was granted; and
(d) must not cease to be employed by the employer in relation to which the visa was granted, unless paragraph (e) applies; and
(e) except with the written permission of the Foreign Minister, must not remain in Australia after the permanent departure of that employer.
8111 The holder must not:
(a) perform work in Australia except in the household of the employer who is the holder's sponsor in relation to the visa; or
(b) remain in Australia after the permanent departure of that employer.
8112 The holder must not engage in work in Australia that might otherwise be carried out by an Australian citizen or an Australian permanent resident.
8113 The holder must not work in Australia otherwise than as a member of the crew of a non‑military ship.
8114 The holder must not work in Australia otherwise than as a member of the crew of a superyacht.
8201 While in Australia the holder must not engage, for more than 3 months, in any studies or training.
8202 (1) The holder (other than the holder of a Subclass 560 (Student) visa who is an AusAID student or the holder of a Subclass 576 (AusAID or Defence Sector) visa) must meet the requirements of subclauses (2) and (3).
(2) A holder meets the requirements of this subclause if:
(a) the holder is enrolled in a registered course; or
(b) in the case of the holder of a Subclass 560 or 571 (Schools Sector) visa who is a secondary exchange student -- the holder is enrolled in a full‑time course of study or training.
(3) A holder meets the requirements of this subclause if neither of the following applies:
(a) the education provider has certified the holder, for a registered course undertaken by the holder, as not achieving satisfactory course progress for:
(i) section 19 of the Education Services for Overseas Students Act 2000 ; and
(ii) standard 10 of the National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students 2007 ;
(b) the education provider has certified the holder, for a registered course undertaken by the holder, as not achieving satisfactory course attendance for:
(i) section 19 of the Education Services for Overseas Students Act 2000 ; and
(ii) standard 11 of the National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students 2007 .
(4) In the case of the holder of a Subclass 560 visa who is an AusAID student or the holder of a Subclass 576 (AusAID or Defence Sector) visa -- the holder is enrolled in a full‑time course of study or training.
8203 The holder must not change his or her course of study, or thesis or research topic, unless approval is given by the Minister after the Minister has obtained an assessment from the competent Australian authorities that the holder is not likely to be directly or indirectly a risk to Australian national security.
8204 The holder must not undertake or change a course of study or research, or thesis or research topic, for:
(a) a graduate certificate, a graduate diploma, a master's degree or a doctorate; or
(b) any bridging course required as a prerequisite to a course of study or research for a master's degree or a doctorate;
unless approval is given by the Minister after the Minister has obtained an assessment from the competent Australian authorities that the holder is not likely to be directly or indirectly a risk to Australian national security.
8205 If the holder is at least 11 years of age and:
(a) is from a country other than a country that is designated, by Gazette Notice, as a country in relation to which this condition does not apply; and
(b) intends to study in a class‑room environment for a period greater than 4 weeks;
the holder must, before commencing that study, pass a chest X‑ray examination carried out by a medical practitioner who is qualified as a radiologist.
8207 The holder must not engage in any studies or training in Australia.
8301 After entry to Australia, the holder must satisfy relevant public interest criteria before the visa ceases.
8302 After entry to Australia, all relevant members of the family unit must satisfy the relevant public interest criteria before the visa ceases.
8303 The holder must not become involved in activities disruptive to, or violence threatening harm to, the Australian community or a group within the Australian community.
8401 The holder must report:
(a) at a time or times; and
(b) at a place;
specified by the Minister for the purpose.
8402 The holder must report:
(a) within 5 working days of grant, to an office of Immigration; and
(b) to that office on the first working day of every week after reporting under paragraph (a).
8403 The holder must visit an office of Immigration specified by the Minister for the purpose, within the time specified by the Minister for the purpose, to have evidence of the visa placed in the holder's passport.
8501 The holder must maintain adequate arrangements for health insurance while the holder is in Australia.
8502 The holder of the visa must not enter Australia before the entry to Australia of a person specified in the visa.
8503 The holder will not, after entering Australia, be entitled to be granted a substantive visa, other than a protection visa, while the holder remains in Australia.
8504 The holder must enter Australia as the holder of the visa to which the condition applies before a date specified by the Minister.
8505 The holder must continue to live at the address specified by the holder before grant of the visa.
8506 The holder must notify Immigration at least 2 working days in advance of any change in the holder's address.
8507 The holder must, within the period specified by the Minister for the purpose:
(a) pay; or
(b) make an arrangement that is satisfactory to the Minister to pay;
the costs (within the meaning of Division 10 of Part 2 of the Act) of the holder's detention.
8508 The holder must make a valid application for a visa of a class that can be granted in Australia, within the time specified by the Minister for the purpose.
Note For the meaning of valid application see s 46 of the Act. Broadly, a valid application is one that is formally in order for consideration, not necessarily one that can be granted.
8509 Within 5 working days after the date of grant, the holder must:
(a) make a valid application for a substantive visa; or
(b) show an officer a ticket for travel to a country other than Australia that the Minister is satisfied will allow the holder to enter on his or her arrival.
8510 Within the time specified by the Minister for the purpose, the holder must, either:
(a) show an officer a passport that is in force; or
(b) make an arrangement satisfactory to the Minister to obtain a passport.
8511 Within the time specified by the Minister for the purpose, the holder must, show an officer a ticket for travel to a country other than Australia that the Minister is satisfied will allow the holder to enter on his or her arrival.
8512 The holder must leave Australia by the date specified by the Minister for the purpose.
8513 The holder must notify Immigration of his or her residential address within 5 working days of grant.
8514 During the visa period of the visa, there must be no material change in the circumstances on the basis of which it was granted.
8515 The holder of the visa must not marry before entering Australia.
8516 The holder must continue to be a person who would satisfy the primary or secondary criteria, as the case requires, for the grant of the visa.
8517 The holder must maintain adequate arrangements for the education of any school‑age dependant of the holder who is in Australia for more than 3 months as the holder of a Subclass 560, 570, 571, 572, 573, 574, 575 or 576 visa (as a person who has satisfied the secondary criteria) or Subclass 563 visa.
8518 Adequate arrangements must be maintained for the education of the holder while he or she is in Australia.
8519 The holder must enter into the marriage in relation to which the visa was granted within the visa period of the visa.
8520 The relevant person who holds a Subclass 300 visa on the basis of having satisfied the primary criteria must enter into the marriage in relation to which that visa was granted within the visa period of that visa.
8522 The holder must leave Australia not later than the time of departure of the person:
(a) who has satisfied the primary criteria; and
(b) of whose family unit the holder is a member.
8523 Each person who:
(a) is a member of the family unit of the holder (being a spouse of the holder or an unmarried child of the holder who has not turned 18); and
(b) has satisfied the secondary criteria; and
(c) holds a student visa because of paragraphs (a) and (b);
must leave Australia not later than the time of departure of the holder.
8524 The holder must satisfy the remaining criteria (within the meaning of Part 303 of Schedule 2) on or before a date specified by the Minister.
8525 The holder must leave Australia by a specified means of transport on a specified day or within a specified period.
8526 The holder must notify the Secretary in writing, not earlier than 7 days before the day the visa ceases to be in effect, and not later than that day, of the holder's place of residence in Australia by posting the notification to the Central Office of Immigration in the Australian Capital Territory.
8527 The holder must be free from tuberculosis at the time of travel to, and entry into, Australia.
8528 The holder must not have one or more criminal convictions, for which the sentence or sentences (whether served or not) are for a total period of 12 months duration or more, at the time of travel to, and entry into, Australia.
8529 The holder must, after entering Australia:
(a) undergo a medical examination carried out by:
(i) a Commonwealth Medical Officer; or
(ii) a medical practitioner approved by the Minister; or
(iii) a medical practitioner employed by an organisation approved by the Minister; and
(b) undergo a chest x‑ray examination conducted by a medical practitioner who is qualified as a radiologist in Australia, unless the holder:
(i) is under 11 years of age and is not a person in respect of whom a Commonwealth Medical Officer has requested such an examination; or
(ii) is a person:
(A) who is confirmed by a Commonwealth Medical Officer to be pregnant; and
(B) who has been examined for tuberculosis by a chest clinic officer employed by a health authority of a State or Territory; and
(C) who has signed an undertaking to place herself under the professional supervision of a health authority in a State or Territory and to undergo any necessary treatment; and
(D) whom the Minister is satisfied should not be required to undergo a chest x‑ray examination at this time.
8530 The holder must not discontinue, or deviate from, the tour arrangements approved, in writing, by the Minister under subparagraph 676.221 (2) (d) (ii).
8531 The holder must not remain in Australia after the end of the period of stay permitted by the visa.
8532 If the holder has not turned 18 and is not an AusAID student or a Defence student:
(a) the holder must stay in Australia with a person who is:
(i) a parent of the holder or a person who has custody of the holder; or
(ii) a relative of the holder who:
(A) is nominated by a parent of the holder or a person who has custody of the holder; and
(B) has turned 21; and
(C) is of good character; or
(b) the arrangements for the holder's accommodation, support and general welfare must be approved by the education provider for the course to which the holder's visa relates, and the holder must not enter Australia before the day nominated by the education provider as the day on which those arrangements are to commence.
8533 The holder must:
(a) in the case of a holder who was outside Australia when the visa was granted, notify the education provider of the holder's residential address in Australia within 7 days after arriving in Australia; and
(b) in all cases:
(i) notify the education provider of any change in the holder's residential address in Australia within 7 days after the change occurs; and
(ii) notify his or her current education provider of a change of education provider within 7 days after the holder receives:
(A) a certificate of enrolment from the new education provider; or
(B) if no certificate of enrolment is required to be sent, or if a failure of electronic transmission has prevented an education provider from sending a certificate of enrolment -- evidence that the applicant has been enrolled by the new education provider.
8534 The holder will not be entitled to be granted a substantive visa, other than:
(a) a protection visa; or
(b) a student visa the application for which must be made on form 157P or 157P (Internet); or
(c) a Subclass 497 (Graduate -- Skilled) visa; or
(d) a Subclass 580 (Student Guardian) visa;
while the holder remains in Australia.
8535 The holder will not be entitled to be granted a substantive visa, other than:
(a) a protection visa; or
(b) a student visa the application for which must be made on form 157P or 157P (Internet); or
(c) a Student (Temporary) (Class TU) visa that is granted to an applicant who satisfies the criterion in clause 570.230, 571.229, 572.229, 573.229, 574.229, 575.229, 576.227 or 580.229 of Schedule 2;
while the holder remains in Australia.
8536 The holder must not discontinue, or deviate from, the professional development program in relation to which the visa was granted.
8537 (1) While the nominating student (within the meaning of Part 580 of Schedule 2) in relation to the holder is in Australia, the holder must reside in Australia.
(2) While the holder is in Australia, the holder must:
(a) stay with the nominating student (within the meaning of Part 580 of Schedule 2) in relation to the holder; and
(b) provide appropriate accommodation and support for the nominating student; and
(c) provide for the general welfare of the nominating student.
8538 If the holder leaves Australia without the nominating student (within the meaning of Part 580 of Schedule 2) in relation to the holder, the holder must first give to the Minister evidence that:
(a) there are compelling or compassionate reasons for doing so; and
(b) the holder has made alternative arrangements for the accommodation, support and general welfare of the nominating student until the holder's return to Australia; and
(c) if the nominating student has not turned 18, the alternative arrangements are approved by the education provider for the course to which the nominating student's visa relates.
8539 While the holder is in Australia, the holder must live, study and work only in an area specified by the Minister in an instrument in writing for item 6A1001 of Schedule 6A, as in force:
(a) when the visa was granted; or
(b) if the holder has held more than 1 visa that is subject to this condition -- when the first of those visas was granted.
8540 The holder will not, after entering Australia, be entitled to be granted a substantive visa, other than a protection visa or a Subclass 462 (Work and Holiday) visa, while the holder remains in Australia.
8541 The holder:
(a) must do everything possible to facilitate his or her removal from Australia; and
(b) must not attempt to obstruct efforts to arrange and effect his or her removal from Australia.
8542 The holder must make himself or herself available for removal from Australia in accordance with instructions given to the holder by Immigration for the purpose of that removal.
8543 The holder must attend at a place, date and time specified by Immigration in order to facilitate efforts to arrange and effect his or her removal from Australia.
8547 The holder must not be employed by any 1 employer for more than 6 months, without the prior permission in writing of the Secretary.
8548 The holder must not engage in any studies or training in Australia for more than 4 months.
8549 While the holder is in Australia, the holder must live, study and work only in an area specified by the Minister in an instrument in writing for item 6701 of Schedule 6, as in force:
(a) when the visa was granted; or
(b) if the holder has held more than 1 visa that is subject to this condition -- when the first of those visas was granted.