What is a visa condition?
In the context of Australian immigration, a visa condition is a requirement or restriction imposed by the Australian government on a visa holder. These conditions may include restrictions on work, study, or travel, as well as requirements to meet certain obligations, such as maintaining health insurance or reporting changes in circumstances. The specific conditions imposed on a visa holder depend on the type of visa they hold and the circumstances of their case.
What conditions does a 482 visa have?
Condition 8607 - Must only work in the occupation nominated
You must work only in the occupation nominated in your most recent Subclass 482 (Temporary Skill Shortage) visa application. You cannot work in a different occupation unless you apply for and are granted a new Temporary Skill Shortage visa.
You must start work within 90 days of:
- arriving in Australia, if you were outside Australia when the visa was granted
- receiving your visa, if you were in Australia when the visa was granted
You must not stop working for more than 60 consecutive days.
Unless an exemption applies, you can only work:
- for the business that nominated you, if your visa was granted in the Labour agreement stream
- for the business that nominated you or an associated entity, if your visa was granted in Medium or Short-term stream and your sponsor is an Australian business
- for the business that nominated you, if your visa was granted in Medium or Short-term stream and your sponsor is an overseas business
You can work for other businesses if:
- the occupation is specified by the minister in an instrument
- your employment is ending, and you are serving out a notice period
If you want to change your employer, your new proposed employer must get a nomination approved before you can start work for them.
Licenses, registrations and memberships
If it is mandatory to have a licence, registration or membership in your nominated occupation, you must hold that licence, registration or membership and comply with its provisions.
If it is illegal to do the job you were granted you the visa to do without a licence, registration or membership, you must not work. You must not do work that is inconsistent with the licence, registration or membership.
If you were outside Australia when the visa was granted, you must hold the mandatory licence, registration or membership within 90 days of arriving in Australia. If you were in Australia when the visa was granted, you must hold the mandatory licence, registration or membership within 90 days of us granting the visa.
You must let the Department know in writing as soon as you can if:
- you applied for the licence, registration or membership and were refused, or
- the licence, registration or membership is ends or is cancelled or revoked
Condition 8501 – Maintain adequate health insurance
You must have and maintain adequate health insurance for the whole of your stay in Australia
What is adequate health insurance for an Australian visa?
You are financially responsible for any health care debts you incur in Australia. The Department might consider any outstanding health debts you have if you apply for a visa in future.
In the majority of cases, visitors to Australia do not have access to Medicare, and are therefore responsible for all costs associated with hospital, medical and para-medical health care rendered in Australia, whether provided in a public and or private hospital setting.
Eligibility under Medicare is governed by the Health Insurance Act 1973, is generally restricted to people who are permanently residing in Australia, and are either:
- Australian citizens
- permanent visa holders
- New Zealand citizens, or in certain circumstances, applicants for permanent residence visas.
In some cases, your country of passport may have a Reciprocal Health Care Agreement with Australia and you may be eligible for Medicare.
In the absence of Medicare eligibility, all visitors to Australia are strongly recommended to make their own arrangements for private health insurance (regardless of whether or not it is a visa condition) to ensure they are fully covered for any unplanned medical and or hospital care they may need while in Australia.
When in Australia and health care assistance is required, and a person is not covered by an appropriate level of private health insurance cover, as a non-resident and non-citizen of Australia, a person will be considered a private patient and will be required to pay any costs themselves at the time of treatment. This will apply whether a person seeks health care treatment in either the public and or private health care systems in Australia. For routine medical treatment in Australia, out-of-hospital treatment from a general practitioner is normally the most cost-effective solution.
While most commonly, Overseas Visitor Health Cover (OVHC) products help to provide an appropriate level of private health insurance cover, consumers are encouraged to take note of what is and is not covered under an OVHC product as not all products offer a comprehensive level of cover to meet a person’s individual health care needs.
Although The Department offers a guide to the minimum level of health cover that will mitigate your financial risk, your healthcare costs are unlikely to be covered completely. You may still be liable for the balance of your healthcare costs following an episode of care and, as such a person is recommended to seek Informed Financial Consent before agreeing to commence any treatment to ensure they fully understand all costs and to ensure the required treatment is covered under their respective private health insurance policy.
You can be charged a patient contribution, excess or co-payment for treatment by either or both:
- your private health insurer
- any hospital you are treated at
Reciprocal Health Care Agreements
A Reciprocal Health Care Agreement (RHCA) is a bilateral agreement between Australia and certain other countries that provides access to limited, subsidized health services for visitors to Australia. The agreement applies to citizens of the participating countries who are temporarily visiting Australia for a specified period of time, usually up to six months.
The following countries have a Reciprocal Health Care Agreement with Australia:
- United Kingdom
- the Netherlands
- New Zealand.
Under an RHCA, visitors from these countries are entitled to receive necessary medical treatment for a medical condition that arises while they are in Australia. The treatment must be clinically necessary and not of a purely elective nature. The agreement does not cover all health services, and visitors may still be required to pay a portion of the costs of their treatment.
A holder of reciprocal healthcare Medicare card generally meets condition 8501. Passport holders from Ireland may not be entitled to hold a reciprocal Medicare card however, their passport should suffice.
Condition 8303 – Not be disruptive
You must not become involved in activities disruptive to, or violence threatening harm to, the Australian community or a group within the Australian community.
For example, engaging or promoting extremist views and interrupting the operation of the Australian community.
Understanding your work rights
The Department is working with the Fair Work Ombudsman to help employees and employers understand and follow Australian Workplace laws.
Information on pay rates, shift calculations, leave arrangements and notice and redundancy entitlements is in the Pay and Conditions Tool (PACT).
The Fair Work Ombudsman website has more information on workplace rights and entitlements for visa holders and migrant workers.
FAQs for 482 visa conditions
What is a 482 visa?
The 482 visa, also known as the TSS visa, is a temporary skilled visa for workers coming to Australia to work for an approved sponsor in their nominated occupation.
What is condition 8607 for a 482 visa?
Condition 8607 is a standard condition that is applied to the 482 visa. It requires the visa holder to only work for their approved sponsor, in the nominated occupation and during the approved period of stay.
Can a 482 visa holder change employers under condition 8607?
No, a 482 visa holder is not allowed to change employers while they hold the visa unless a new nomination with the other employer is approved first.
What happens if a 482 visa holder breaches condition 8607?
If a 482 visa holder breaches condition 8607, their visa may be cancelled, and they may be subject to enforcement action, including removal from Australia.
What is Condition 8501 for a visa?
Condition 8501 is a standard condition applied to certain visa types that requires the visa holder to maintain adequate health insurance for themselves and any members of their family who are also in Australia on the same visa.
What does "adequate health insurance" mean for Condition 8501
Adequate health insurance for the purposes of Condition 8501 means insurance that provides cover for the visa holder and their family for the length of their stay in Australia for all medically necessary expenses, including hospital treatment and medical evacuation if required.
Is it mandatory for a visa holder to comply with Condition 8501?
Yes, it is mandatory for a visa holder to comply with Condition 8501. Failure to maintain adequate health insurance may result in the cancellation of the visa.
What are the options for obtaining health insurance under Condition 8501?
A visa holder can obtain health insurance through an approved Australian health insurance provider. Some of the options include private health insurance, Overseas Visitors Health Cover (OVHC), and the Reciprocal Health Care Agreement (RHCA) with certain countries.
How long does a visa holder need to maintain health insurance under Condition 8501?
A visa holder must maintain adequate health insurance for the entire length of their stay in Australia, as specified on their visa.
Note: The above answers are general information only and may not be applicable to every individual case. It’s always recommended to seek professional immigration advice for specific circumstances.