Breach of program and code of behaviour conditions 8536 and 8566 (2026)
What Australian visa conditions 8536 and 8566 require, and what happens if you breach them.
Breaching condition 8536 happens when you stop, or depart from, the professional development program your visa was granted for. Breaching condition 8566 happens when you go against a code of behaviour you signed that the Minister has approved and that was in force when the visa was granted. Neither condition carries a stated penalty of its own; instead, the schedule itself points to the Migration Act 1958 (Cth) — sections 41 and 116 to 119 — as the cancellation mechanism for breaches, according to the Schedule 8 text of the Migration Regulations 1994 published by the Federal Register of Legislation, current as at September 2026. This article sets out the general rule only, not advice about your own case, so check the official legislative text or speak to a qualified practitioner before you act on it.
What exactly does condition 8566 require?
8566 is a "must not breach" condition, and it only bites if every one of its elements is met. The text requires that:
- you signed a code of behaviour;
- the code was approved by the Minister in accordance with clause 4.1 of Schedule 4 to the Regulations; and
- at the time the visa was granted, the code was in effect in relation to that visa or another visa.
If those elements line up, the holder must not breach the code. A note to the condition records that the requirement to sign a code may be imposed either by public interest criterion 4022 or in accordance with section 195A of the Act. In plain terms: the obligation flows from a document you personally signed, and the condition's content lives in that document rather than in the condition itself.
What does condition 8536 add to this?
8536 covers a different subject. It says the holder must not discontinue, or deviate from, the professional development program in relation to which the visa was granted. There is no code of behaviour involved; the reference point is the program that supported the grant.
The practical consequence is that these two conditions can sit side by side on the same visa and fail in different ways — one through a change in what you are doing, the other through conduct prohibited by something you signed.
Do these conditions apply to every Australian visa?
No. Schedule 8 does not impose conditions on its own. Both 8536 and 8566 carry the same note: whether a visa of a particular class may be made subject to the condition depends on the relevant provision in Schedule 2 of the Migration Regulations 1994. So the sequence is always the same — the Schedule 2 provision for your visa class decides whether the condition can attach, and the grant decides whether it did.
For 8566 there is a second gate. Even on a visa class that allows the condition, nothing is owed under it unless you actually signed an approved code that was in effect at grant. Signing is what activates the obligation.
| Condition 8536 | Condition 8566 | |
|---|---|---|
| What it attaches to | The professional development program underlying the grant | A code of behaviour you signed |
| What is prohibited | Discontinuing, or deviating from, that program | Breaching the code |
| Trigger | The program itself | Minister-approved code under Schedule 4 clause 4.1, in effect at grant |
| May be imposed on the class | Per Schedule 2 for that class | Per Schedule 2 for that class; signing may follow PIC 4022 or s 195A |
| Enforcement reference | Migration Act 1958 ss 41, 116–119 | Migration Act 1958 ss 41, 116–119 |
What happens after a breach?
The conditions are enforced through cancellation. Section 41 of the Act deals with visa conditions generally, and sections 116 to 119 deal with cancellation where a condition has been breached; cancellation brings the visa itself to an end. Schedule 8 does not describe a notice period, a waiver, or a fixed outcome, and none should be assumed from this text alone.
Suppose a visa holder has signed an approved code, the code was in effect at grant, and the holder later does something the code forbids. On those facts the condition is engaged, and the matter moves to the cancellation provisions of the Act. Whether cancellation follows is not answered by the condition wording itself.
How do you work out whether you personally are at risk?
Condition 8536 states its own prohibition in the Schedule 8 text — the holder must not discontinue, or deviate from, the professional development program in relation to which the visa was granted — while condition 8566 does not define "breach" or list prohibited conduct, so for 8566 the assessment is made by reading the code of behaviour you signed. Take it in this order:
Check which conditions are attached to your visa. Look for 8536 or 8566 in that list. For 8566, find the code of behaviour you signed. Read that code line by line. Compare your conduct, or your plans, against each requirement in it. For 8536, compare your current and intended program against the program the visa was granted for. If anything is unclear, get professional advice before changing course.
Keep in mind that the code is approved by the Minister and its terms vary by approval, so its content cannot be inferred from the condition alone — only the code you signed tells you what the condition demands.
Frequently Asked Questions
Is a breach of 8566 an automatic visa cancellation?
No automatic result appears in the condition text. The note to 8566 directs readers to sections 41 and 116 to 119 of the Migration Act 1958 for cancellation, which means a breach operates as a ground rather than a self-executing outcome.
Can 8566 apply because of a code I signed for an earlier visa?
Yes, potentially. The condition covers a code that, at the time of grant, was in effect in relation to that visa or another visa, so the signed code does not have to be tied only to the visa being granted.
What if I never signed a code of behaviour?
Then condition 8566 has nothing to operate on. Signing is the first element of the condition, alongside Ministerial approval under clause 4.1 of Schedule 4 and the code being in effect at grant.
Does 8536 stop me from changing my program?
The condition prohibits discontinuing, or deviating from, the program in relation to which the visa was granted. The Schedule 8 text does not set out exceptions, so any flexibility has to be found in the official current version of the Regulations and Schedule 2 for your class.
Where can I check whether my visa class carries these conditions?
Schedule 2 of the Migration Regulations 1994 contains the provision for each visa class. Schedule 8 states plainly that whether a visa of a particular class may be made subject to either condition depends on that Schedule 2 provision.
Where is the binding wording?
The conditions are set out in Schedule 8 to the Migration Regulations 1994, published by the Federal Register of Legislation, and the cancellation rules are in sections 41 and 116 to 119 of the Migration Act 1958. Always read the version currently in force, as the text can be amended.