Work Rights on Student Visa
WORK RIGHTS ON A STUDENT VISA
8105 condition (work rights) states that the holder must not engage in any work in Australia before the holder’s course of study commences.
The holder must not engage in work in Australia for more than 40 hours a fortnight during any fortnight when the holder’s course of study or training is in session.
However you can work full time when:
(a) to work that was specified as a requirement of the course when the course particulars were entered in the Commonwealth Register of Institutions and Courses for Overseas Students; and
(b) in relation to a student visa granted in relation to a masters degree by research or doctoral degree if the holder has commenced the masters degree by research or doctoral degree.
fortnight means the period of 14 days commencing on a Monday.’
An example of how 40 hours a fortnight is calculated: After their course has commenced, a student visa
holder works the following numbers of hours over a four week period:
- week one – 15 hours work
- week two – 25 hours work
- week three – 25 hours work
- week four – 10 hours work.
In the above example, the total hours worked in week two and week three is more than 40 hours. This means the student is non-compliant with the work limitation and may be subject to visa cancellation.
Student work hour restrictions
|Student type||When course is in session||When course isn’t in session|
|Coursework students who have started their degree||40 hours per fortnight||Unlimited hours|
|Research students who have started their degree||Unlimited hours||N/A|
|AusAwards or Defence students||40 hours per fortnight||Unlimited hours|
SECONDARY APPLICANT’S ON STUDENT VISAS
Your partner can work full time as condition 8104 covers both master by research and coursework even though 8105 which is for the MAIN applicant ONLY allows only full time work for master by research or doctoral students.
8104 (all family members)
|Condition number||Who this applies to||Description|
|All family member visa holders||You cannot work more than 40 hours per fortnight. A fortnight means the period of 14 days starting on a Monday.
You must not start work until the primary student visa holder has started their course.
Exceptions – family members of the following students can work unlimited hours once the primary student visa holder has started their course:
Working in Australia after you graduate
If you’re interested in staying in Australia to work after you graduate, you’ll need to get a new working visa before your student visa expires. As a graduated international student you may be eligible for:
- The Post-Study Work stream of the Temporary Graduate Visa (subclass 485) if you have completed a Bachelor, Masters or Doctoral degree.
- To submit an Expression of Interest through the Australian Government’s SkillSelect, seeking approval to stay in Australia as a professional worker.
- State and territory government nomination for skilled and business migration.