Temporary Activity (subclass 408)

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Temporary Activity (subclass 408)


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Old 07-17-2020, 12:27 AM
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Temporary Activity (subclass 408)

Hello everybody,

I have been granted a visa 408 and I am not sure about the working conditions. When I applied I was working for an employer which I am currently not. Am I allowed to work for someone else?


Thanks!
Phil


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Old 07-17-2020, 08:06 AM
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What does your grant your letter say? It is extremely likely you must stay with your employer or be in breach of your conditions.

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Old 07-17-2020, 09:51 AM
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Quote:
Originally Posted by Phillip the Australian View Post
Hello everybody,

I have been granted a visa 408 and I am not sure about the working conditions. When I applied I was working for an employer which I am currently not. Am I allowed to work for someone else?


Thanks!
Phil
It depends on your visa conditions, eg:

For example condition 8107 is a possible condition, which says:
The visa you hold was granted to either allow you to be employed by a particular employer, or to undertake specific activities in Australia.

You must not stop working for your employer. You must not work in a different position, occupation or with another employer or for yourself.


Did you update your application when your situation changed?

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Old 07-17-2020, 10:12 AM
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Quote:
Originally Posted by JandE View Post
It depends on your visa conditions, eg:

For example condition 8107 is a possible condition, which says:
The visa you hold was granted to either allow you to be employed by a particular employer, or to undertake specific activities in Australia.

You must not stop working for your employer. You must not work in a different position, occupation or with another employer or for yourself.


Did you update your application when your situation changed?
Condition 8107 is actually mandatory for a 408 visa, but it is a complex condition and there are many streams of the 408. So it is better the OP carefully reads their grant letter.

You are obviously correct that the application should have been updated if there was such a material change in situation.

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All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation.

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Old 07-18-2020, 03:32 AM
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Please update your flag here .

Quote:
Originally Posted by paulhand View Post
Condition 8107 is actually mandatory for a 408 visa, but it is a complex condition and there are many streams of the 408. So it is better the OP carefully reads their grant letter.

You are obviously correct that the application should have been updated if there was such a material change in situation.
Thanks for your answers.

The working conditions specified on the letter are as follows:

8107 - Work limitation:
The visa you hold was granted to either allow you to be employed by a particular employer, or to undertake specific activities in Australia.
You must not stop working for your employer. You must not work in a different position, occupation or with another employer or for yourself.
You must not stop doing the activity the visa was granted for.
You must not do other activities or do the activity for yourself or anyone else.
You must hold a licence, registration or membership if it is mandatory to perform the occupation for which you were nominated.
The Department is working with the Fair Work Ombudsman to help employees and employers understand and follow Australian Workplace laws.


I finished working for my previous employer before the visa was processed. I have only a few weeks left in Aus cause I was finally able to find a flight.

My question is, what are the odds the home affairs office finds out if I work for another employee less than a month? I have had a few job offers already and don't know what to do.

Thanks


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Old 07-18-2020, 08:40 AM
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You have multiple issues with your situation and you should get some professional assistance.

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All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation.

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