Student VISA Restrictions

STUDENT VISA CONDITIONS

Condition 8105

You cannot work more than 40 hours per fortnight when your course is in session (other than work which has been registered as a part of the course). A fortnight means any period of 14 days commencing on a Monday and ending at the end of the second following Sunday.

You can work for more than 40 hours per fortnight during recognised vacation periods offered by your education provider.

You cannot start paid work until you have started your course in Australia.

No work limits apply if you are studying a Masters by research or Doctorate course in Australia.

(Refer below for more information regarding Working Rights/Conditions)

-

Condition 8202

You must remain enrolled in a registered course

Note: A registered course is one that is on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS).

You must maintain enrolment in a registered course that is the same level as, or at a higher level than, the registered course for which you were granted a visa. See: Changing courses

You must maintain satisfactory attendance in your course and course progress for each study period as required by your education provider.

-

Condition 8501

You must maintain adequate arrangements for health insurance during your stay in Australia.

Note: Under policy, you must maintain Overseas Student Health Cover (OSHC).

-

Condition 8516

You must continue to satisfy the requirements for grant of your student visa. This means, for example, that you continue to have sufficient financial capacity to support your study and stay in Australia.

-

Condition 8517

You must maintain adequate schooling arrangements for your school-age dependents who joined you in Australia for more than 3 months as part of your student visa application.

-

Condition 8532

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 of your stay in Australia.

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.

-

Condition 8533

You must tell your education provider:

  • the address where you live in Australia within seven days of arriving in Australia;
  • if you change the address where you live within seven days of the change;
  • if you change education provider within seven days of receiving the electronic confirmation of enrolment certificate or evidence of enrolment.

WORK CONDITION

  • Cannot work until you have commenced your course in Australia
  • Once your course has commenced and your course is in session, you are permitted to work a maximum of 40 hours per fortnight
  • When your course is not in session but has already commenced, you are permitted to work unlimited hours

WHAT IS CONSIDERED "WORK"

The following are not included in the limit of 40 hours per fortnight:

  • Work that is a formal registered part of your course
  • Voluntary and unpaid work that is:
    • of benefit to the community
    • for a non-profit organisation
    • genuinely voluntary (i.e. you are not paid in cash or any other forms – board and lodging is acceptable)

Note: If the voluntary work could have been undertaken by an Australian resident who would have received a wage, then this is included in the limit of 40 hours per fortnight.


POSTGRADUATE RESEARCH STUDENTS

  • You can work a maximum of 40 hours per fortnight during any preliminary courses you undertake
  • If you have commenced your masters by research or doctoral degree in Australia, there is no limit on the number of hours you may work.

WORK CONDITIONS FOR FAMILY MEMBERS

  • Must not start work until the primary visa holder has commenced their course in Australia
  • Can work up to 40 hours per fortnight at all times unless the primary visa holder has commenced a course towards a masters or doctoral degree and holds a Student visa (subclass 500).
    • In this case there is no limit on the number of hours a family member might work

FORTNIGHTS

A fortnight is a period of 14 days commencing on any Monday and ending on the second following Sunday.

example

  • In fortnight 1, 40 hrs were worked which does not exceed the 40 hr fortnightly limit
  • In fortnight 2, 50 hrs were worked which DOES exceed the 40 hr fortnightly limit. Thus the student visa work conditions have been breached and may be subject to cancellation
  • In fortnight 3, 40 hrs were worked which does not exceed the 40 hr fortnightly limit

COURSE IN SESSION

A course is considered to be ‘in session’:

  • for the duration of the advertised semesters, including examination periods (even if you have no exams or finished all your exams)
  • if you have completed your studies and your Confirmation of Enrolment is still valid (with the exception of masters by research or PhD students who have submitted their thesis for marking)
  • when you are undertaking another course, during a break from your main course and points from that course will be credited to your main course

VISA DETAILS

You can view your visa details online by visiting Visa Entitlement Verification Online (VEVO).


TAX FILE NUMBER

It is recommended that a Tax File Number is obtained prior to commencing work. Please refer to the “Tax File Number” page for information on how to apply for one.


YOUR WORKPLACE RIGHTS

Workers in Australia have rights under Australian workplace law.

The Fair Work Ombudsman Pay and Conditions Tool (PACT) provides information on pay rates, shift calculations, leave arrangements and notice and redundancy entitlements.

More information is available about Workplace rights - for all visa holders working in Australia.


    Follow us on Facebook

Follow us on Facebook

Keep up–to–date with all things MSA Find out more