Does condition 8115 mean you can't check your work email?
My parents have just received their visa for their upcoming Australia trips. Among the terms, there's condition 8115:
Condition 8115 allows 'business visitor activities' such as general business or government enquiries or negotiations, and attendance at conferences and seminars, but does not allow for work.
To my reading, this means that you aren't allowed to do anything else, including:
- Checking your work email, or replying
- Connecting to your work network/VPN to download documents and work on them
- Working on work files you've brought in your computers offline
Of course that sounds draconian and/or hard to impossible to enforce, but it could always come in handy as a good excuse to actually enjoy one's vacation time (and rather expensive trip).
Is that reading of condition 8115 correct?
Best Answer
When you're filing in eVisitor (subclass 651) visa, one of the questions is purpose of your stay. You have to choose between "Business" and "Tourist", if you mix both you should select "Business"
If you intend to conduct any business activities on your visit to Australia, select 'Business'. Business activities may include attending business related meetings, seminars, conventions, conferences or networking.
If you intend to visit Australia for holidays, tourism, recreation or to visit family or friends, select 'Tourism'. 'Tourism' may also include informal studies or training.
If the purpose of your visit is a combination of business and tourism as defined above, select 'Business'. (source)
In case of physical paper application that's Form 1419 vs Form 1415.
I'm assuming that you've selected "Tourist", thus rule 8115 doesn't apply to you. You aren't allowed to do even the things mentioned there. What applies to you is:
Visa condition 8101
You must NOT work in Australia.
However, I've found this on UK Expats forum, not sure if of the source of the quote, but it covers exactly the case you're asking about (emphasis mine):
Tourist visa applicants wishing to work online (for example, wanting to check emails online) should be considered on a case by case basis. If the applicant is holidaying in Australia for a short period, and just wishes to keep on top of work back home (that is, the online work is incidental to their trip), this is not of concern in terms of condition 8101. An applicant who wishes to continue to work online, basically full-time may be of concern in terms of the genuine visitor requirement and should be considered carefully.
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Can you work while on a bridging visa?
Bridging A and B visas generally have the same work rights as the visa held when the main visa application was lodged, and in some cases full work rights will apply.What is visa condition?
Discretionary visa conditions are part of the decision to grant. Once the visa is granted, the conditions have been lawfully imposed and cannot be revisited with a view of removing the condition from the visa. Conditions for the main visa holder can be quite different from the conditions of secondary visa holder.How do I get work rights on a bridging visa?
In order to obtain the right to work, you need to have the Condition 8101 removed from your Bridging visa. This is also called 'applying for work rights. If you are eligible for work rights, you will be issued with a new Bridging visa with permission to work.How do you know if your Australian visa has been approved?
Check through the Visa Entitlement Verification Online system (VEVO) You will usually be able to check your visa status through VEVO. This is generally the easiest way to check your Australian visa status. You will usually only need your passport details and you should be able to check.8115 Niessen Way
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