If you are currently holding student visa with Higher educatio section, these following condition(s) might be attached to your visa.
8104 – Work restriction: 40 hours a fortnight
You can only work up to 40 hours in a fortnight. A fortnight means the period of 14 days starting on a Monday.
If you are a member of the family unit of a primary student visa holder, you must not work in Australia until they have started their course. Family members of students studying a masters or a doctorate degree can work unrestricted hours once the primary student visa holder has started their course.
Note: This applies to family members of students who hold subclass 500 visa.
Unrestricted work rights also applies to family members of subclass 573 (Higher Education Sector) and subclass 574 (Postgraduate Research Sector) visa holders studying a masters by research or doctorate degree.
Important: Employers seeking to hire the family member of a primary student visa holder are advised to request evidence:
- of the relationship (such as a visa grant letter, marriage or birth certificate) and
- that the primary student visa holder has commenced their course, such as a Confirmation of Enrolment or a letter from the relevant education provider
Understanding your work rights
The Department is working with the Fair Work Ombudsman to help employees and employers understand and follow Australian Workplace laws.
Information on pay rates, shift calculations, leave arrangements and notice and redundancy entitlements is in the Pay and Conditions Tool (PACT).
The Fair Work Ombudsman website has more information on workplace rights and entitlements.
8105 – Work restriction
You must not work in Australia before your course of study commences.
You must not work in Australia for more than 40 hours a fortnight when your course of study or training is in session. A fortnight means the period of 14 days commencing on a Monday.
If you hold a subclass 500 visa or subclass 574 (Postgraduate Research) visa you can work unrestricted hours if:
- you are studying a masters by research or a doctorate degree and you have started your course, or
- the work is a registered part of your course
As a student visa holder, you can be considered to have engaged in work if you have:
- attended a place of work for a period by a roster or timesheet (but not during unpaid breaks)
- been ‘clocked on’ to an electronic system that records a work activity
- received remuneration for work, as indicated in a payslip you have received (unless you provide documentary evidence that you were not working during this time)
Important: If you are an employer seeking to hire a student visa holder you should request evidence that they have commenced their course, such as a confirmation or enrolment or a letter from the relevant education provider.
Understanding your work rights
The Department is working with the Fair Work Ombudsman to help employees and employers understand and follow Australian Workplace laws.
Information on pay rates, shift calculations, leave arrangements and notice and redundancy entitlements is in the Pay and Conditions Tool (PACT).
The Fair Work Ombudsman website has more information on workplace rights and entitlements for visa holders and migrant workers.
Additional information
This condition applies to all student visa holders.
You cannot work until you have started your course of study in Australia. Once you have started, you can work up to 40 hours in a fortnight when your course or training is in session. A course is in session:
- in line with your school semesters (includes exams periods)
- if you take another course that will count towards your main course during term breaks
You can work more than one job as long as the total hours are not more than 40 in a fortnight.
A fortnight means 14 days starting on a Monday.
When you can work over 40 hours a fortnight
You can only work over 40 hours a fortnight when:
- it is a registered part of your course that is mandatory
- your masters degree by research or doctorate degree has started
- your course is not in session. A course is not in session:
- during scheduled course breaks
- if your course was deferred or suspended in line with Standard 9 of the National Code of Practice for Providers of Education and Training to Overseas Students
- if you hold a valid visa and have completed your course as listed on your confirmation of enrolment
- if your enrolment has been cancelled due to the default of your education provider and until you get a new enrolment and start the course.
Volunteer work
You may take part in volunteer work outside of the 40 hours per fortnight work limitation if it fits within the description of volunteer work.
Unpaid work that does not fit within this description is counted towards the 40 hours per fortnight limitation.
Examples of the definition of work:
- You undertake a shift at a restaurant as part of a roster is engaged in work, but not during your rostered unpaid meal break.
- You are a taxi driver who has signed in and is ready to receive passengers is considered to be working, until at such time as you sign out for a break or when your shift has ended.
- You have a payslip indicating you were paid for 25 hours work in one fortnight, but can provide a medical certificate that were were at home unwell for 15 of these 25 hours, meaning that you only worked for 10 of those hours.
Examples of how 40 hours a fortnight is calculated:
Example 1: Fatima is studying commercial cookery in Australia on a subclass 500 visa. She is offered some work experience during the holidays. She works 75 hours a fortnight. Fatima is not breaching her work condition. She is allowed to work unlimited hours while her course is not in session.
Example 2: Bolin works while he studies in Australia, his roster for the next month looks like this:
- week 1: 30 hours
- week 2: 10 hours
- week 3: 35 hours
- week 4: 5 hours
Bolin will breach his visa condition if he works the hours in the roster. In weeks 2 and 3, he will have worked 45 hours. Bolin should discuss this with his employer and ask to have his roster updated.
Example 3: Ellen is studying for a PhD. She is also tutoring at the university for about 50 hours a fortnight. Ellen is not breaching her student visa condition, PhD students are not restricted to the number of hours they can work. Ellen still has to achieve satisfactory progress on her PhD.
8202 – Meet course requirements
You must:
- remain enrolled in a registered course (if you are a Foreign Affairs or Defence sponsored student or a secondary exchange student you must maintain full-time enrolment in your course of study or training)
- maintain enrolment in a registered course that is the same Australian Qualifications Framework (AQF) level or higher for which we granted your student visa, unless changing from AQF level 10 to level 9.
- maintain satisfactory attendance in your course and course progress for each study period as required by your education provider.
Note: A registered course is one that is on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS).
Gap between courses
Generally course gaps should not be more 2 months. A course gap can be more than 2 months if:
- it is the end of the academic year study break
- you are affected by education provider default
- you have completed your course and you are applying for a new visa
8203 – Limited study change
You must not change your course of study, thesis or research topic without the approval of the Minister.
This approval can only be given after the Minister has obtained an assessment from the competent Australian authorities that you are not likely to be directly or indirectly a risk to Australian national security.
If you are considering changing your thesis, major or research topic you must: complete Form 1221 – Additional personal particulars information (PDF) and email to . Your subject line must be ‘8203/8204 assessment’.
8204 – Study limitations
You must not undertake or change your course of study, thesis or research topic without the approval of the Minister, for a:
- graduate certificate
- graduate diploma
- master’s degree
- doctorate, or
- any bridging course required as a prerequisite to a course of study or research for a master’s degree or doctorate
This approval can only be given after the Minister has obtained an assessment from the competent Australian authorities that you are not likely to be directly or indirectly a risk to Australian national security.
If you are considering changing your thesis, major or research topic you must complete Form 1221 – Additional personal particulars information (PDF) and submit to . Your subject line must be ‘8203/8204 assessment’.
8303 – Not be disruptive
You must not become involved in activities disruptive to, or violence threatening harm to, the Australian community or a group within the Australian community.
For example, engaging or promoting extremist views and interrupting the operation of the Australian community.8501 – Maintain adequate health insurance 8516 – Continue to satisfy the criteria for the grant of the visa
You must continue to satisfy the criteria for the grant of the visa.8517 – Maintain adequate arrangements for the education of your school-age dependants
You must maintain adequate arrangements for the education of your school-age dependants who are in Australia for more than 3 months as a dependant on your visa.
For the full list of conditions relevant to your visa, see the Federal Register of Legislation.8518 – Maintain adequate arrangements for your education
You must maintain adequate arrangements for your education while you are in Australia.
8532 – Maintaining welfare arrangements for minors
If you are younger than 18 years of age, you must have accommodation and support, and your general welfare must be maintained for the duration
To maintain your welfare, you must stay in Australia with:
- your parent or legal custodian or
- a relative who has been nominated by your parents or custodians who is aged over 21 and is of good character or
- have accommodation, support and general welfare arrangements in place that have been approved by your education provider
You must not change your arrangements without the written approval of your education provider. If your welfare arrangements are approved by your education provider you must not travel to Australia until your welfare arrangements start
8533 – Inform provider of address
You must let your education provider know your residential address within 7 days of arriving in Australia if you were outside Australia when your visa was granted.
If your residential address changes you must let your education provider know within 7 days of the change.
You must also your current education provider know you have changed your education provider within 7 days of receiving:
- a confirmation of enrolment from your new education provider, or
- evidence you have been enrolled by the new education provider
We will contact you through your school. If you don’t update your contact details we won’t be able to contact you.
8534 – No further stay
While you are in Australia, we will not grant you a new substantive visa, other than:
- a Subclass 485 (Temporary Graduate) visa, or
- a Subclass 590 (Student Guardian) visa, or
- a Protection visa
Additional information
Condition 8534 can be applied to subclass 500 Student visa holders and their family members at our discretion.
The case officer that assesses your application will decide whether to apply the condition.
Applying for a graduate visa
If condition 8534 applies to your current visa you can only apply for the Temporary Graduate visa using the paper form.
You don’t need to ask us to waive the condition before you submit your application.
Download and complete Form 1409 Application for a Temporary Graduate visa. Ensure you tick the box saying you want to waive this condition.
Applying for any other visa
If you have completed the course we granted you the visa for, you don’t need to ask us to waive condition 8534 to make a valid application for one of these visas:
- General Skilled Migration visa (for example Subclass 189 or 190)
- Subclass 132 (Business Talent) visa
- Subclass 186 (Employee Nomination Scheme) visa
- Subclass 187 (Regional Sponsored Migration Scheme) visa
- Subclass 188 (Business Innovation and Investment (Provisional)) visa
- Subclass 482 (Temporary Skill Shortage) visa
You can ask us to waive this condition in limited circumstances if you want to apply for any other visa, including a further Student visa.
8535 – No further stay
While you are in Australia, we will not grant you a new substantive visa other than:
- a Student (Temporary) (Class TU) visa we grant you because you have support from the Commonwealth or a foreign government, or
- a protection visa
Additional information
Condition 8535 is mandatory on subclass 500 Student visas for students sponsored by the Department of Foreign Affairs and Trade or Department of Defence.
Applying for a student visa
If condition 8535 applies to your current visa, attach a letter of support from the Australian Government or a foreign government with your new application. You don’t need to ask us to waive the condition before you submit your application.
Applying for any other visa
If condition 8535 applies to your current visa and you want to apply for any other visa, there are some limited circumstances in which you can ask us to waive this condition.
You can’t apply for a further visa in Australia other than:
- a Student (Temporary) (Class TU), with the support of the Commonwealth or a foreign government, or
- a protection visa
Kate LEE
Kate migrated to Australia in 2007, going on to become a qualified education counsellor in 2009. Throughout her career, she has helped hundreds of international students achieve their academic dreams in universities across Australia. Kate helps her clients successfully complete their school enrollments and student visa applications. For clients outside Australia, she is always available for regular contact through Skype or Facebook.