Can I Work or Study on a Medical Treatment Visa (Subclass 602)?
If you are thinking of applying for or you are currently holding a Medical Treatment Visa (MTV) (Subclass 602), you may have been granted the visa with specific conditions that restrict your ability to work or study while you are here. There is an option to apply for a waiver.
What are the Work and Study Conditions on the Medical Treatment Visa (MTV) (Subclass 602)?
The MTV (Subclass 602) visa is typically granted to people who:
Need to travel to or remain in Australia for medical treatment
Are donating an organ.
Because this visa is designed for health-related purposes, it is often granted with strict visa conditions, and may include:
Condition 8101 – No Work
Condition 8201 – Maximum 3 Months Study
If your visa is granted with a “no work” or “no study” condition, you cannot lawfully work or study while in Australia unless that condition is waived.
Can These Conditions Be Removed?
Yes, in certain circumstances, you may be able to request that a “no work” or “no study” condition be waived. This is done by formally requesting a waiver to the Department of Home Affairs (DoHA). Some common reasons to request a waiver:
Financial hardship
Study requirements
Prolonged medical treatment
Change in personal circumstances
For condition 8201, may not apply for MTV holders:
is under 18 years old; and
has experienced a change in circumstances while in Australia; and
has written permission from the Minister to engage for more than 3 months in any studies or training because of compelling and compassionate circumstances.
How do you request a waiver of work or study conditions?
It is highly suggested that you speak and engage with an Immigration Lawyer to request a waiver for work and study rights. Note that this process is discretionary, which means that the Department may approve or refuse your request based on the merits of your case.
Make sure not to work or study until you receive approval from the Department. Breaching any visa conditions may lead to visa cancellation or affect future visa applications.
How Can Agape Henry Crux Help
If you want to waive the visa condition on your MTV (SC 602), you can contact one of our immigration lawyers at Agape Henry Crux. The team can provide professional advice and assistance for any visa issues, and they work with two of our Accredited Specialists in Immigration Law. They specialise in handling highly complex matters. You can book a consultation with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. If this isn’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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