Working beyond permitted employer periods: conditions 8108 and 8547 (2026)
What conditions 8108 and 8547 mean, how the 3- and 6-month employer limits work, and what a breach can do to your visa.
If your visa carries condition 8108, you cannot be employed in Australia by any one employer for more than three months unless the Secretary has given you written permission beforehand. Condition 8547 sets the same structure with a six-month limit. Both are set out in Schedule 8 of the Migration Regulations 1994, published on the Federal Register of Legislation, and the wording below reflects the official text as at September 2026.
The practical issue for most readers is not the limit itself but what follows from crossing it: a breach of a visa condition engages the cancellation provisions of the Migration Act 1958, which is where conditions 8108 and 8547 stop being an administrative detail.
What does condition 8108 actually say?
Condition 8108 reads: "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."
Three parts of that sentence carry the weight. The limit attaches to employment by any one employer, not to your total time in the workforce. The permission must be prior — dated before you pass the mark, not arranged afterwards. And it must be in writing from the Secretary; a verbal assurance from an employer, a recruiter or a manager does not satisfy the condition.
What does condition 8547 say, and how is it different?
Condition 8547 reads: "The holder must not be employed by any 1 employer for more than 6 months, without the prior permission in writing of the Secretary."
The difference is the length of the permitted period, and a small difference in wording: 8108 refers to employment in Australia, while 8547 as drafted refers simply to employment by any one employer.
| Condition 8108 | Condition 8547 | |
|---|---|---|
| Maximum period with one employer | More than 3 months is not allowed | More than 6 months is not allowed |
| Territorial wording | Employment "in Australia" | No territorial limit in the words of the condition |
| Permission | Prior permission in writing from the Secretary | Prior permission in writing from the Secretary |
| Breach | Cancellation provisions of the Migration Act 1958 (ss 41 and 116–119) | Same provisions |
Which visas carry these conditions?
Neither condition tells you which visas it applies to. The note attached to both in Schedule 8 states that 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 reliable check is your own visa record: the conditions listed against your grant are the conditions you must meet. Two people on similarly named visas can be subject to different conditions, and a subclass name is not enough to tell you whether 8108, 8547, both or neither applies.
Does changing employers reset the clock?
Both conditions are built around employment by "any 1 employer", so the counting is done employer by employer. On the face of the wording, starting with a genuinely new employer begins a new count, and working two jobs at the same time does not of itself breach the condition if each engagement stays within the limit.
The difficulty is factual rather than legal. Assume an applicant finishes month three with one company and is immediately re-engaged through a different entity that uses the same site, the same supervisor and the same roster. The question is whether that is in substance a new employer or the same one under another name. Arrangements of that kind are exactly where a written permission, obtained early, is worth more than an argument later.
What happens if you work past the limit?
The note to both conditions points to the Migration Act 1958, sections 41 and 116 to 119, on cancellation for breaches of conditions. In practical terms, working beyond three months (8108) or six months (8547) without the Secretary's prior written permission puts your visa at risk of cancellation, and a cancellation decision affects your lawful status in Australia and any further visa applications you make.
Because the condition requires permission in advance, a breach is complete once you work past the limit; permission obtained afterwards does not rewrite the period already worked. This article is general information about how the rules are written and is not advice about your circumstances — outcomes depend on the facts and on how the cancellation provisions are applied, so confirm against the official text or speak to a registered migration professional before acting on it.
Frequently Asked Questions
What is the difference between conditions 8108 and 8547?
Both prevent you from being employed by any one employer beyond a set period without prior written permission from the Secretary. Condition 8108 sets that period at three months and refers to employment in Australia; condition 8547 sets it at six months.
Can my visa be cancelled for breaching condition 8108?
Yes, cancellation is the consequence the legislation points to. The note to condition 8108 refers to the cancellation provisions of the Migration Act 1958 at sections 41 and 116 to 119, which is the mechanism that applies when a visa condition is breached.
Do I need permission before or after I pass the three-month mark?
Before. Both conditions require "prior permission in writing of the Secretary", so permission given after you have already worked past the limit does not undo the period that has already been worked.
Which visas are subject to 8108 or 8547?
Schedule 8 does not list them. It states that 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 you need to check the conditions recorded against your own visa.
If I change employers, does the count start again?
The conditions count time with each individual employer, so a genuinely new employer starts a new count. Where the "new" employer is the same business operating under a different name or entity, whether the clock has really reset is a question of fact rather than something the label decides.
Does the condition stop me from working at all after three months?
No. Condition 8108 restricts employment by any one employer beyond three months without permission. Moving to a different employer, or obtaining the Secretary's prior written permission to stay, are the two routes the wording leaves open.