This week’s viewer question is one that comes up in many Iranian‑Australian households: a mother or father who has been living in Australia alongside their child for years on a Sponsored Parent (Temporary) visa (subclass 870) — can they work? The answer is given by Dr Sirous Ahmadi, Australian immigration lawyer and MARA registered migration agent, MARN 0854826, drawing on the text of the Migration Act 1958, the Migration Regulations 1994 and the official visa grant notice. What follows is the complete legal framework governing work rights, period of stay, the health insurance condition, and the consequences of breaching a condition on this visa.
The short answer
No — the subclass 870 visa (Sponsored Parent (Temporary)) is not a work visa; it is designed for family reunion and long-term temporary residence. The precise work condition is set out in the visa grant notice: condition 8101 is a complete bar on work, while condition 8103 permits work only with the Minister’s written permission. Condition 8501 (adequate health insurance) is mandatory for this visa, each visa runs for a maximum of 5 years with a cumulative cap of 10 years, and breaching a condition can lead to visa cancellation.
What the law says
The power to impose visa conditions flows from section 41 of the Migration Act 1958. The conditions that may be attached to each subclass are identified in clause 870.6 of Schedule 2 to the Migration Regulations 1994, and the text of those conditions appears in Schedule 8 to the same Regulations. The legislative architecture of this visa includes a part headed “870.6 — Conditions”, and for precisely that reason the decisive document when answering “Am I allowed to work?” is the Visa Grant Notice — that is where the numbers of the conditions actually imposed are listed.
There are two work-related conditions in Schedule 8, and in practice the difference between them is decisive. Condition 8101 is an absolute prohibition: “the holder must not work in Australia” — no mechanism for seeking permission is contemplated at all. By contrast, condition 8103 provides that the holder must not work in Australia without the written permission of the Minister, and that permission may be given in relation to particular work or for a particular period. So the possibility of “written permission” only has meaning within the framework of 8103; if condition 8101 has been imposed on the visa, there is no permission pathway available.
Another important point is how broadly “work” is understood. The condition speaks of “work”, not of “being employed” — so it is the activity itself that matters, not the existence of a formal employment contract. Helping out in a family business, informal income-generating activity, or receiving non-cash remuneration can all fall within a case officer’s assessment, and on that basis any borderline activity should be examined on its own facts before it begins. Where a visa condition is not complied with, section 116(1)(b) of the Migration Act 1958 provides a ground for cancellation of the visa.
The health insurance condition is likewise not optional on this visa. In its official list of visas subject to condition 8501, the Department of Home Affairs states that condition 8501 of Schedule 8 requires the visa holder to maintain adequate arrangements for health insurance while in Australia, and the subclass 870 (Sponsored Parent) visa appears in that table marked “mandatory” — mandatory conditions are imposed by operation of law at the time the visa is granted.
Key subclass 870 requirements and points at a glance
| Issue | The legal rule |
|---|---|
| Work rights | This visa is not designed for employment; the work condition imposed in the visa grant notice is determinative. |
| Condition 8101 | Absolute prohibition: the holder must not work in Australia; there is no written-permission pathway. |
| Condition 8103 | Work without the written permission of the Minister is prohibited; permission may be given for particular work or for a particular period. |
| Health insurance | Condition 8501 (maintaining adequate health insurance arrangements) is mandatory for subclass 870. |
| Duration of each visa | The visa period begins on the day of grant and ends on the date specified by the Minister; the Minister must not specify a date more than 5 years after the day of grant. |
| Cumulative stay cap | The date specified must not result in the total visa period of subclass 870 visas exceeding 10 years; the Schedule 1 requirements likewise provide that the total period of earlier subclass 870 visas must not exceed 10 years. |
| Dependence on the sponsor | If the parent sponsor’s approval is cancelled, the visa ends 35 days after the cancellation; and if the sponsor withdraws their support and no new sponsorship application is made within 35 days of the Department receiving written notice, the visa ends. |
| Death of the sponsor | If the parent sponsor dies and no other person makes a related sponsorship application within 90 days of the death, the visa ends; in such a case the parent must hold a subclass 870 visa and the application must be made within 90 days of the death. |
| A subsequent subclass 870 visa | Absent exceptional circumstances, an applicant who previously held a subclass 870 visa must have been outside Australia for at least 90 consecutive days from the “relevant departure day”. |
| Condition 8503 | Avoiding the imposition of condition 8503 (“no further stay”) matters, because that condition prevents a further visa application being made while in Australia. |
| Restriction on permanent parent visas | Under Schedule 1 to the Regulations, a threshold requirement for certain parent visas is that the applicant does not hold a subclass 870 visa. |
To put it more precisely, the 870 should not be thought of as “something like a tourist visa”: it allows continuous residence over several years with free travel in and out, it requires health insurance to be maintained throughout, and its validity is tied to the fate of the sponsorship.
What this means for you
As Dr Sirous Ahmadi explains, planning properly for an 870 starts, from day one, with three questions: what work condition is on the visa, when does the visa end and where does it sit within the statutory 10-year cap, and what happens if the sponsor’s situation changes. If your mother or father needs an income while in Australia, the right answer is not to “take a chance”; the right answer is to examine the visa grant notice and — where condition 8103 has been imposed — to formally pursue the Minister’s written permission before undertaking any activity, because that permission may be limited to particular work or to a particular period.
The good news is that none of this involves complexity that cannot be resolved. By reading the visa grant notice carefully, diarising the critical dates (visa end date, 35 days after sponsorship events, 90 days outside Australia before a further subclass 870 visa) and choosing an alternative pathway before expiry, a family can live together for years in a fully lawful position. That is exactly the role of a MARA registered migration agent: turning the text of the Regulations into a clear, workable map for your particular circumstances.
Sources
- Migration Regulations 1994 — Schedule 8 (visa conditions; text of conditions 8101, 8103 and 8501), current compilation: classic.austlii.edu.au/au/legis/cth/consol_reg/mr1994227/sch8.html
- Migration Amendment (Temporary Sponsored Parent Visa and Other Measures) Regulations 2019 (F2019L00551) — Schedule 2: subclass 870 provisions, visa period, visa cessation table: austlii.edu.au — F2019L00551 Schedule 2
- Explanatory Statement to the same Regulations (2019) — sponsorship requirements and the “transfer” of sponsorship following death: classic.austlii.edu.au — Explanatory Statement
- Department of Home Affairs — “Visas subject to condition 8501” (official list; 870 shown as mandatory): immi.homeaffairs.gov.au — visas-subject-condition-8501.pdf
- Migration Regulations 1994 — full text on the Federal Register of Legislation: legislation.gov.au/F1996B03551/latest/text
- Go Matilda Parent Visas — quoting the Schedule 1 requirement on the 90 days outside Australia and condition 8503 (2022): gm-parent-visas.com
A one-on-one consultation with Dr Sirous Ahmadi
If your mother or father holds a subclass 870 visa, or is about to apply for one, do not underestimate the visa grant notice and the key dates it contains. In a dedicated consultation, Dr Sirous Ahmadi, Australian immigration lawyer and MARA registered migration agent (MARN 0854826), will review the exact work condition on your visa, clarify where you stand within the statutory 10-year cap, and give you a step-by-step roadmap for staying together as a family — fully lawfully and with peace of mind. Simply set out your question in detail and you will receive an answer tailored to your own case.
Frequently asked questions
Can the holder of a subclass 870 visa work in Australia?
The subclass 870 visa is not a work visa; it is designed for family reunion and long-term temporary residence. The work condition that applies is set out in the visa grant notice: condition 8101 provides that “the holder must not work in Australia” and offers no permission pathway, whereas condition 8103 prohibits work without the written permission of the Minister, and that permission may be given for particular work or for a particular period.
If my visa carries condition 8103, how do I obtain permission to work?
Under the text of Schedule 8 to the Migration Regulations 1994, condition 8103 permits work only with the written permission of the Minister, and that permission may be limited to particular work or to a particular period. Any work activity must therefore take place only after the written permission has been received and strictly within its terms; starting work beforehand is a breach of the visa condition.
What are the consequences of breaching a “no work” condition?
Failure to comply with a visa condition can provide a ground for cancellation of the visa under section 116(1)(b) of the Migration Act 1958. Because the condition speaks of “work” rather than “being employed”, activities such as income-generating help in a family business may also come under assessment; advice on the specific facts should be obtained before undertaking any borderline activity.
How long is a subclass 870 visa valid for?
The visa period begins on the day of grant and ends on the date specified by the Minister; that date cannot be more than 5 years after the day of grant, and it must not result in the person’s total subclass 870 visa period exceeding 10 years.
Is health insurance mandatory for the subclass 870 visa?
Yes. In the Department of Home Affairs’ official list, condition 8501 is “mandatory” for subclass 870. The condition requires the visa holder to maintain adequate arrangements for health insurance throughout their stay in Australia, and mandatory conditions are imposed by operation of law at the time the visa is granted.
What happens if the sponsorship is cancelled or withdrawn?
The validity of a subclass 870 visa is tied to the sponsorship: if the parent sponsor’s approval is cancelled, the visa ends 35 days after the cancellation; and if the sponsor withdraws their support and no new sponsorship is applied for within 35 days of the Department receiving written notice, the visa ends.
This answer reflects the law and policy as verified on October 8, 2026. Immigration rules change frequently — confirm the current position before acting.
Dr. Sirous Ahmadi Registered Migration Agent 0854826
This article is general information only, current at the date shown, and is not legal advice. Do not rely on it for your own situation — immigration law and policy change frequently. Seek advice from a registered migration agent or immigration lawyer about your circumstances.