Changes to 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.'

This is a mandatory condition on the following visa Subclasses:

• 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)
• eVisitor — Business Stream (Subclass 651).

These visas allow business people to:

• visit Australia to conduct business
  Examples: attend conferences, business negotiations, exploratory visits,
  or
• work for short periods in limited circumstances.

They are not intended to be work visas. The Business (Long Stay) visa (Subclass 457) visa is considered the most appropriate visa for people who are primarily travelling to Australia to undertake temporary skilled work, as it contains a range of safeguards supported by monitoring arrangements, that are designed to ensure sponsors are aware of their obligations and abide by them when bringing overseas skilled workers to Australia.

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

• highly specialised in nature (that is: an occupation in ANZSCO Major Groups 1 to 3, Minor Group 441, or Unit Groups 4523 and 4524) and not ongoing (not more than 6 weeks)
• an emergency or an urgent situation and not ongoing
• in Australia's interest.

Please note: This policy setting has not changed.

What has changed?

There are two changes:

• the length of time that employment may be allowed
  and
• the emphasis on the 456 as the preferred Subclass for clients seeking to undertake short term, non-ongoing and highly specialised work.

The length of time of acceptable employment has changed from generally no more than 21 days, to no more than six (6) weeks. This will allow business, where there are severe capacity constraints, greater flexibility when it comes to completing tasks that could previously not have been undertaken and completed in 21 days.

While Condition 8112 applies to the 456, 459, 651, 956 and 977 visa Subclasses, only the 456 and 459 Subclasses have a formal assessment process. Given the need to maintain the integrity of the 457 program, the 456 visa is seen as the most appropriate Subclass. Not only will this satisfy decision-makers, airport staff and other DIAC colleagues in Australia that the visa holder has undergone a formal assessment process, it will also provide the visa holder with greater assurance and clarity that their purpose of stay in Australia is understood by all and should in turn lead to reduced compliance action.

Therefore, even though ETA and eVisitor eligible clients entering Australia for the purpose as described above will continue to be able to do so in the short term, it is expected that over time, they utilise the 456 visa.

If you have any questions or queries in relation to this advice please contact the Director, Visitor Policy Section.
Email: Visitor.Policy@immi.gov.au