Condition 8104 for Visa 482 Dependants
What is condition 8104?
When a partner or dependant (secondary applicant) is granted a Subclass 482 visa, they usually receive the visa with condition 8104 attached. This is one of the most common visa conditions applied to dependants of a temporary skilled visa in Australia.
Condition 8104 provides that the visa holder must not work more than 40 hours each fortnight — unless one of the prescribed exceptions applies. This differs significantly from condition 8107, which applies to the primary applicant of a Subclass 482 visa.
How does condition 8104 differ from condition 8107?
This is a point many people confuse. Here is the clear distinction:
Condition 8107 applies to the primary holder of a Subclass 482 visa:
- They may only work for the approved sponsor.
- They must work in the occupation they were sponsored for.
- They may not work for another employer (apart from some specific exceptions).
Condition 8104 applies to the secondary holder of a Subclass 482 visa:
- A limit of 40 hours of work in each calendar fortnight.
- The dependant is not tied to any specific employer — they may take any lawful work in Australia.
- No skills assessment or occupational assessment is required.
In simple terms: the primary holder is restricted by the type of work and the employer, while the dependant is restricted by the number of hours worked (in some cases).
When does condition 8104 apply and when does it not?
Condition 8104 does not always cap work at 40 hours a fortnight. There are important exceptions:
Exception 1: the dependant is not capped on hours if… The primary visa holder is working in an occupation listed on the exempt occupation list. In that case, the dependant can work without an hours limit.
Exception 2: working in health or education If the dependant works in the health or education sector, some cases may be exempt from the 40-hour limit. You should check carefully the specific visa conditions printed on the grant notice.
Exception 3: the visa is granted without condition 8104 In some special cases (for example where the dependant is a New Zealand citizen or otherwise meets separate criteria), condition 8104 may not be attached.
The practical work rights of a partner on a Visa 482
The partner of a Subclass 482 visa holder (as a secondary applicant) usually has the right to work part-time with a limit of 40 hours over a fortnight (around 20 hours a week). This is reasonably flexible and suits part-time work, casual work or short-term contracts.
These work rights apply to any lawful work in Australia — with no restriction on industry, employer or location. A partner can apply for work independently, with no connection to the primary holder’s sponsoring employer.
Importantly, the dependant does not need their own sponsoring employer. They simply need to find work and stay within the hours limit set by the visa condition.
Study rights for children (dependants under 18)
Children under 18 accompanying a parent on a Subclass 482 visa are granted a dependent visa with a condition allowing them to study full-time at registered schools. There is no limit on study — children can attend preschool, primary school, junior secondary and senior secondary at public or private schools.
However, tuition fees for public schools may apply to international students depending on the state. Some states such as Victoria and NSW waive public school fees for the children of temporary visa holders, while others may charge fees. You should check each state’s policy before enrolling.
Practical advice
When you receive the grant notice, read the visa conditions section carefully to know exactly which conditions are attached. If you see condition 8104, note the 40-hours-a-fortnight limit and do not exceed it, because breaching a visa condition can affect your ability to renew or to apply for PR later.