Subclass 400 Visa Conditions in 2026: 8107, 8303 and Breach Consequences
How conditions 8107 and 8303 limit work and conduct on a Subclass 400 visa in 2026, and how a breach affects later applications.
If you are searching for Subclass 400 visa conditions 8107 and 8303, the short answer is: on a Temporary Work (Short Stay Specialist) visa (Subclass 400), the Migration Regulations 1994 and the Department of Home Affairs' PAM3 guidance record condition 8107 as the work limitation — you must only do the short-term, highly specialised job the visa was granted for — and condition 8303 as the condition that you must not take part in disruptive activities; condition 8503 (no further stay) may also be attached. If you breach a condition, you are not meeting the obligation on the Australian Department of Home Affairs' Temporary Work (Short Stay Specialist) visa (Subclass 400) official page as at August 2026, which states that you and your family must comply with all visa conditions and obey Australian laws, and your own conditions are shown in VEVO. A breach also matters for later applications: regulation 400.213 requires the decision maker to consider whether you complied substantially with the conditions on your last substantive visa and whether you intend to comply with the Subclass 400 conditions, and a history of breaching visa conditions is listed among the common reasons a Subclass 400 application may be refused. This article is general information only and is not legal advice or personalised advice about your situation; the official pages and your VEVO record are controlling, and you should check the latest official published position or get help from a qualified professional for your own case.
What conditions are standard on a Subclass 400 visa?
The Australian Department of Home Affairs' official page says that with this visa you can do short-term work in a highly specialised job and bring family members with you, although those family members are not allowed to work or study in Australia except to do a language training program. Employers must provide a contract or letter of offer for the work.
The Regulations and PAM3 guidance state that, where the criteria are met, the visa is granted with mandatory conditions 8107 and 8303, and condition 8503 (no further stay) may also be imposed. In summary:
| Condition | What the guidance says it covers |
|---|---|
| 8107 | Work limitation: you must do the specified or approved work, not other work |
| 8303 | You must not take part in disruptive activities |
| 8503 | No further stay (may be attached, rather than always attached) |
Because the condition codes come from the Regulations and PAM3 guidance, while the Department's own page directs holders to VEVO, your binding record is what is shown in VEVO and in the official latest published information.
What does condition 8107 actually allow you to do?
Condition 8107 is the work limitation. The visa lets you work in a temporary, short-term, highly specialised job, and the official page says you can stay in Australia for up to 6 months depending on the circumstances. You must arrive in Australia within 6 months of the date the visa is granted, or a lesser period if one is specified.
The approved work is the job supported by the employer's contract or letter of offer for that short-term, highly specialised purpose. Under condition 8107, you must only do that specified or approved work — not a different job, and not work outside the approved short-term arrangement. Family members who come with you are not allowed to work. Your specific work conditions are checked in VEVO.
What does condition 8303 prohibit?
Condition 8303 is the condition that you must not take part in disruptive activities. It is one of the mandatory conditions identified in the Regulations and PAM3 guidance for this visa. The Home Affairs obligations say you and your family must comply with all visa conditions and obey Australian laws, so abiding by 8303 is part of meeting that obligation while you hold the visa.
PAM3 guidance describes condition 8303 as prohibiting participation in disruptive activities and does not set out further examples; the scope should be read from the condition itself and confirmed against the official latest published information and your own VEVO record.
What are the consequences of breaching a Subclass 400 condition?
The first consequence is that you are not complying with the obligation recorded on the Department of Home Affairs' official page: you and your family must comply with all visa conditions and obey Australian laws. The visa is granted for the approved purpose, and conditions 8107 and 8303 are part of that approval.
The second consequence concerns later applications. Regulation 400.213 requires the decision maker, when assessing whether an applicant genuinely intends to stay temporarily, to have regard to whether the applicant complied substantially with the conditions on their last substantive visa, whether the applicant intends to comply with the conditions to which the Subclass 400 visa would be subject, and any other relevant matter. A history of breaching visa conditions is listed in the Regulations and PAM3 guidance among the common reasons a Subclass 400 application may be refused, because it can indicate that the applicant may not genuinely intend a temporary stay or may not comply with the visa conditions.
The Department's obligations page and regulation 400.213 record the compliance failure itself and how non-compliance is weighed in a later decision. The Department's official latest published information and VEVO are the reference for the conditions attached to your visa and how they are administered.
Can you apply for another Subclass 400 or stay longer after a breach?
No, you cannot stay in Australia longer by extending this visa, and you cannot apply for this visa from within Australia. You must be outside Australia when you apply and when the decision is made. If you want to stay longer, you must apply for a different visa.
If you later apply for another Subclass 400 visa, you would need to be outside Australia at the time of application and decision, and the regulation 400.213 assessment would consider your compliance history and whether you intend to comply with the Subclass 400 conditions. If condition 8503 was attached to your visa, it is a no-further-stay condition, which is consistent with the rule that this visa cannot be extended.
How do you check the conditions on your own visa?
Use VEVO. The Department's official page says VEVO shows your specific conditions and work entitlements, your visa stay period, and when you must leave. Your visa grant letter also shows the stay period, and the visa is digitally linked to your passport rather than issued as a label.
Apart from reading your conditions, the obligations also include telling the Department if things change, such as changes to your phone number, address or passport, and the birth of a child. The Regulations and PAM3 summary indicates 8107 and 8303 are standard conditions, but your VEVO record and the official latest publication control what is actually on your visa.
Frequently Asked Questions
What is condition 8107 on a Subclass 400 visa?
Condition 8107 is the work limitation condition. It means you must only do the short-term, highly specialised job the visa was granted for, supported by the employer's contract or letter of offer, and not other work. Family members who come with you are not allowed to work, and your work conditions can be checked in VEVO.
What is condition 8303 on a Subclass 400 visa?
Condition 8303 is the condition that you must not take part in disruptive activities. It is identified in the Regulations and PAM3 guidance as a mandatory condition for this visa. Together with the Home Affairs obligation to comply with all visa conditions and obey Australian laws, it is part of what you must do while holding the visa.
Is condition 8503 always attached to a Subclass 400 visa?
No. The Regulations and PAM3 guidance state that conditions 8107 and 8303 are mandatory, while condition 8503 (no further stay) may also be attached rather than always being imposed. Whether 8503 is on your visa is shown in your VEVO record and should be confirmed against the official latest published information.
What happens if I work outside the approved job on a Subclass 400 visa?
Working outside the approved job means you are not complying with condition 8107 and not complying with the obligation to follow all visa conditions. For a future Subclass 400 application, regulation 400.213 requires consideration of past compliance and whether you intend to comply with the conditions, and a breach record is listed among common refusal reasons.
Can I extend or reapply for a Subclass 400 visa from inside Australia?
You cannot extend this visa, and you cannot apply for a Subclass 400 visa from within Australia; you must be outside Australia when you apply and when the decision is made. If you want to stay longer you must apply for a different visa. A later Subclass 400 application would also be assessed under regulation 400.213, including your compliance history.
Where do I see the conditions actually on my visa?
Your conditions are shown in VEVO, which the Department's official page says displays your specific conditions, work entitlements, stay period and when you must leave. The visa grant letter also shows the stay period. The Regulations and PAM3 guidance indicate the standard conditions, but your VEVO record and the official latest publication are the controlling record for your own visa.