Breach of sponsored work visa condition 8107 in 2026: cancellation and 180/365 day rules
What condition 8107 requires, when the 180 and 365 day limits apply, and how a breach can lead to visa cancellation.
Breaching condition 8107 on a sponsored work visa can put the visa itself at risk. Under the note attached to Schedule 8 of the Migration Regulations 1994, cancellation for a breach of a visa condition is dealt with under the Migration Act 1958 sections 41 and 116 to 119. The detail of what 8107 actually requires is set out in the Federal Register of Legislation's official text for Schedule 8, condition 8107, as at the September 2026 version of that page. This article explains the rule in general terms only; it is not advice about any individual case, and anyone facing a possible breach should check the current official text or get advice from a registered migration professional about their own situation.
What does condition 8107 actually require?
Condition 8107 is not a single rule. Schedule 8 sets it out in several limbs, and which limb applies depends on the visa.
- Subclause 8107(1) applies where the visa is not one of the subclasses listed in subclauses (3) or (4), and was granted to enable the holder to be employed in Australia. The holder must not cease to be employed by the employer in relation to which the visa was granted; must not work in a position or occupation inconsistent with the position or occupation the visa was granted for; and must not engage in work for another person, or on the holder's own account, while undertaking the employment the visa was granted for.
- Subclause 8107(2) applies where subclause (1) does not apply — that is, where the visa is tied to an activity rather than employment. The holder must not cease that activity, must not engage in an activity inconsistent with it, and must not work for another person or on their own account in a way inconsistent with it.
- Subclause 8107(3) is the detailed limb for certain Subclass 457 (Temporary Work (Skilled)) visas — specifically a 457 visa, or a case where the last substantive visa held was a 457 granted because the holder met subclause 457.223(2) or (4) as in force before 18 March 2018.
- Subclause 8107(4) covers Subclass 401 (Temporary Work (Long Stay Activity)), Subclass 402 (Training and Research) and Subclass 420 (Temporary Work (Entertainment)) visas, and subclause 8107(5) covers Subclass 407 (Training) visas.
Schedule 8 does not itself list which visas carry the condition. Its note states that whether a visa of a particular class may be made subject to 8107 depends on the relevant provision in Schedule 2 of the Migration Regulations 1994.
When do the 180 day and 365 day limits apply?
This is where many summaries go wrong, and it is worth being precise: in the Schedule 8 text, the day-count allowances sit in subclause 8107(3), the 457 limb — not in the general employment limb.
Under subclause 8107(3)(b), the holder may cease to work in accordance with paragraph (a) for a period, but:
- any such period must not exceed 180 consecutive days; and
- the total number of days on which the holder does not work in accordance with paragraph (a) must not exceed 365 during the visa period for the holder's visa.
So there are two separate ceilings running at the same time. A single uninterrupted break cannot exceed 180 days, and the running total across the whole visa period cannot exceed 365 days. Several shorter breaks can each stay under 180 days and still add up to a breach of the 365-day total.
By contrast, subclause 8107(1) — the limb written for visas granted to enable employment that are not covered by (3) or (4) — is framed as a flat prohibition on ceasing to be employed by the employer in relation to which the visa was granted, without any equivalent day allowance set out in the condition. Anyone relying on a 180 or 365 day buffer should therefore check which limb of 8107 their visa is actually subject to before assuming the counts apply to them.
What does the 457 limb require beyond the day counts?
Subclause 8107(3) is the most detailed version of the condition, and the day counts are only one part of it.
Occupation and employer. Under subclause 8107(3)(a)(i), the holder must work only in the occupation listed in the most recently approved nomination for the holder. Under (3)(a)(ii), unless the circumstances in subclause (3A) apply, the holder must work only for the party to a labour agreement (or former party) who nominated the holder in that most recently approved nomination, or — where the sponsor is or was a standard business sponsor lawfully operating a business in Australia at the relevant approval time — must work only in a position in the business of the sponsor or an associated entity of the sponsor. Where the sponsor was not lawfully operating a business in Australia but was lawfully operating one outside Australia at that time, the holder must work only in a position in the business of the sponsor.
Starting work. Under subclause 8107(3)(aa), a holder who was outside Australia when the visa was granted must commence work within 90 days after arriving in Australia; a holder who was in Australia when the visa was granted must commence work within 90 days after the visa was granted.
Licences, registration and membership. Under subclause 8107(3)(c), if the holder is required to hold a licence, registration or membership that is mandatory to perform the nominated occupation in the location where the position is situated, the holder must hold it while performing the occupation, and must hold it within 90 days of arrival (if outside Australia at grant) or within 90 days of grant (if in Australia at grant). The holder must notify the Department in writing as soon as practicable if an application for that licence, registration or membership is refused, or if it ceases to be in force or is revoked or cancelled; must comply with each condition or requirement the licence, registration or membership is subject to; and must not engage in work inconsistent with it, including its conditions or requirements.
Are there any exceptions to the "only for the nominating employer" rule?
Yes, but they are narrow. Subclause 8107(3A) sets out two circumstances for subparagraph (3)(a)(ii):
- the holder's occupation is specified in an instrument in writing for subparagraph 2.72(10)(e)(ii) or (iii) as in force before 18 March 2018; or
- the holder is continuing to work for the sponsor, or an associated entity of the sponsor, for the purpose of fulfilling a requirement under a law relating to industrial relations and relating to the giving of notice.
The second limb is what covers a holder working out a notice period. It is tied to a statutory notice requirement and to continuing to work for the sponsor or its associated entity — it is not a general permission to move to a different employer.
Can you work for another employer, or work for yourself?
Each limb of 8107 deals with this in its own way, and the answer depends on which limb applies.
- Under 8107(1)(c), the holder must not engage in work for another person or on the holder's own account while undertaking the employment the visa was granted for.
- Under 8107(2)(c), the bar is narrower in wording: the holder must not engage in such work inconsistent with the activity the visa was granted for.
- For 401, 402 and 420 visas under subclause 8107(4)(e), the holder must not engage in work or an activity for an employer other than the employer identified under paragraph 2.72A(7)(a) as in force before 19 November 2016 in the most recent nomination in which the holder is identified.
- For 407 visas under subclause 8107(5)(c), the equivalent rule refers to an employer identified under paragraph 2.72A(8)(a) in the most recent nomination in which the holder is identified.
What happens if you breach 8107?
Schedule 8 does not spell out the consequences itself. Its note points to the Migration Act 1958: section 41 deals with visa conditions generally, and sections 116 to 119 deal with cancellation for breaches of conditions. In practice, that means a breach of 8107 is not a fixed-penalty matter — it triggers the cancellation framework in the Act, and what follows depends on how that framework is applied to the individual case.
To illustrate how the day counts work, suppose a holder under the 457 limb stops working for a period of 150 days, returns to work, and later stops again for another 150 days. Neither break exceeds 180 consecutive days, so the first limit is not breached by either break alone — but the total of 300 days counts toward the 365-day ceiling for the visa period.
The practical points to watch are the same ones the condition is built around: whether you have ceased the employment or activity altogether, whether the work you are doing matches the most recently approved nomination, whether you are working for the nominating employer or sponsor's business, and — under the 457 limb — how many days you have accumulated without working in accordance with the condition.
Frequently Asked Questions
Can my visa be cancelled simply because I resigned?
A breach of a visa condition is dealt with under the Migration Act 1958 sections 41 and 116 to 119, per the note in Schedule 8. Whether resignation amounts to a breach depends on which limb of 8107 applies to the visa and whether the time without work stays inside any applicable limit.
How many days can I stop working before I breach 8107?
In the Schedule 8 text, the limits of 180 consecutive days and 365 days in total across the visa period appear in subclause 8107(3), the limb for certain Subclass 457 visas. Subclause 8107(1) is written as a prohibition on ceasing to be employed by the relevant employer without setting out an equivalent day allowance.
Do the 180 and 365 day limits apply to a 482 visa?
The Schedule 8 text places those day limits in subclause 8107(3), which is tied to a Subclass 457 visa — or a case where the last substantive visa held was such a 457 — granted on the basis of subclause 457.223(2) or (4) as in force before 18 March 2018. Anything outside that limb needs to be checked against the limb that does apply.
Do I have to start work within 90 days?
Under subclause 8107(3)(aa), yes, for visas in that limb: 90 days from arrival if you were outside Australia when the visa was granted, or 90 days from the grant if you were in Australia. The same 90-day structure applies to holding a mandatory licence, registration or membership.
Can I do a second job or freelance while on a sponsored visa?
Under subclause 8107(1)(c), a holder must not engage in work for another person or on their own account while undertaking the employment the visa was granted for. Under subclause 8107(2)(c), the restriction applies where the other work or activity is inconsistent with the activity the visa was granted for.
What if my licence application is refused?
Subclause 8107(3)(c)(iv) requires the holder to notify the Department in writing as soon as practicable if an application for a mandatory licence, registration or membership is refused. A further written notification is required as soon as practicable if the licence, registration or membership ceases to be in force or is revoked or cancelled.