Depending on the type of visa you are issued and your circumstances, you may find yourself subject to one or more relevant conditions. One of the more common conditions is condition 8101 – relevantly, that the visa holder may not engage in work in Australia (this is defined as activities for which they would ordinarily be paid money).
However, if you wish to engage in volunteer work (for less than 3 months), help your family out at their home (e.g. caring for a newborn baby) or respond to a few work emails and calls from your regular job, you will not breach the No Work Condition of your visa.
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Work is defined as an activity that you are paid for whilst in Australia. However, there are some activities which can be engaged in without breaching condition 8101 and some circumstances where the Immigration Department is likely to be flexible.
Child care work by nannies/ carers who are accompanying their employer-family on holiday in Australia for short periods are NOT affected by the No Work Condition.
Domestic Work for Family in Australia
Where visitors assist their family members in Australia with domestic work on a one-off basis, the Immigration Department is likely to take a flexible approach. For example, this would apply to a visitor helping out her sister who has just given birth for a short period of time. The Immigration Department policy indicates that up to 12 months stay can be considered appropriate in some circumstances. However, where ongoing assistance is required by the Australian resident family (such as child care or medical care) it is expected that permanent arrangements would be made utilising services available in Australia.
For tourists holidaying in Australia over short periods it is likely that online work (such as answering emails) which is intended at keeping on top of work back home will not breach condition 8101. However where online work is not just incidental to the visa-holder’s travels in Australia the condition may be breached.
Have you been refused a Tourist or Partner Visa due to using unreliable services or an inadequate visa application? We are here to help you solve the problem.
Work experience is not considered acceptable for tourist visa-holders. However there are certain limited circumstances where it may be acceptable for certain business visa-holders to undertake an internship.
If your visa, for example a Bridging Visa, has a no work condition attached to it, it may be possible to apply for work rights if you can satisfy the Department of Immigration and Border Protection (DIBP) that you have a “compelling need to work” and you (and any dependent family members) will suffer “financial hardship” if you are not permitted to work.
The Department will take into account evidence of your current financial situation and your day to day expenses in assessing whether you have a compelling need to work. This is not just a matter of filling out an application form and giving the DIBP information about your financial situation. Your savings, income and expenses must be backed up by verifiable evidence.
Note: That a Student Guardian holder cannot apply for a waiver as it is up to the Guardian to pay for their living whilst in Australia.
If you wish to apply for the no work restriction on your visa to be lifted, you should contact our Lawyer and Migration Agent Hanh Ho on +61 04 06 888 639 to organize a consultation with Hanh so she can inform you of the process involved in getting work rights on your visa.