Condition 8107: For all subclass{457} visa holders

Are you on Temporary Subclass{457}? Condition 8107 applies to you

                                Condition 8107 implies that

                                1-You must not cease to work with their sponsoring employer 
                                2-must work in the nominated occupation and role
                                3-Must start working for the employer within 90 days from the visa holders arrival in Australia or in case if the applicant is in Australia already from the date of the visa grant

                                4-The employment should not forfeit for more than 60 consecutive days

                                5- Maintain license and registration 


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                                Condition 8107 may be imposed on the following visas:

                                Training visa{407}

                                Temporary work{short stay specialist} visa{400}

                                Temporary work{international relations} visa{subclass 403}

                                Temporary activity visa{subclass 408}

                                For this you will have to check your visa grant notice to be positive.Breach of this condition can lead to cancellation of your visa.


                                Current Sponsor and overseas sponsor

                                The visa holder must work only for the nominated employer in their nominated role. If the holders role in the sponsoring company has changed then they must be working in the current position.If the visa holder is sponsored by an approved overseas Standard Business Sponsor{SBS}, The employee must only work directly for the employer.

                                Change of sponsor and Commencement of work 

                                If you want to change the sponsor it is possible.But there is a catch, you can only for the current employer until the new nomination is approved. You are still subjected to condition{8107} on your current visa, starting work  before the new nomination is granted will lead to breach of this condition. On the other hand if the business has changed its arrangements, some waivers are available in this condition. For example change in business name with the same ABN/ACN

                                If the legal entity is changed due to the ABN/ACN being new. This can be a difficult one and may lead to a breach of the condition.

                                Working outside Australia and work done outside for a different employer

                                If the visa holder is still on a working visa mentioned above and has reasonable grounds to be outside then there is no breach in the condition.In situations such as the fly in and fly out arrangements, job may entail business being outside and inside Australia. Also if there is any work done outside Australia and that too not for your sponsored employer will lead to no breach in condition 8107. The condition applies only to work undertaken while onshore.


                                We at Visafast have 10+ experience in lodging successful employer nomination visas. Feel free to contact us in case of any enquiries. 


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