Student Visa Work Rights
Caution!
This page is general information only. It is a conversation-starter, not legal advice. It does not take your circumstances into account. Laws can and do change.
If you are employing a student visa holder, or if you hold a student visa, contact me for advice on your case before you commit to a course of action.
Employers
Do a VEVO check on everyone before you allow them to commence work. See my article about that here: https://www.welchlaw.com.au/employing-legal-workers/
STUDENT VISA WORK RIGHTS
Before a student visa is granted
Student visa rules only apply to you once your student visa is granted. Prior to that, comply with the terms of your current visa.
After a student visa is granted
You must comply with condition 8105. Your partner (if included on your visa) must comply with condition 8104. Those two conditions are quite different, explained below.
CONDITION 8105 – for students
Before your course commences
No work.
Once you hold a student visa you must NOT work before your course commences.
There is one exception. If you held a visa at the time you lodged your student visa application, and that previous visa had work rights, then you may work on your student visa before your course commences. Be aware that even if this exception applies, you now hold a student visa and so your work rights are student-limited (see below).
After your course commences
Limited work.
You may work a maximum of 48 hours in any fortnight:
- During the advertised semesters, including exams (check your college/uni calendar); and
- If you are undertaking another course during a break and the points will be credited towards your main course.
A ‘fortnight’ is every period of 2 weeks starting on every Monday of the year. Immigration explains it like this: in the example below the student complied with condition 8105 in the fortnights commencing in week 1 (45 hours worked) and week 3 (40 hours worked), but breached it in the fortnight commencing in week 2 (60 hours worked).
week 1: 15 hours work
week 2: 30 hours work
week 3: 30 hours work
week 4: 10 hours work
Notice how you need to look back at last week’s hours to see how many hours you are allowed to work this week!
You may work unlimited hours:
- During all advertised course breaks (check the official academic calendar of your college/uni)
- After your course is completed (check your Confirmation of Enrolment for your completion date)
Other (uncommon) exceptions to the 48-hour work limit:
- Work that is part of your course does not count towards the 48 hours per fortnight. ‘Part of your course’ means work specified as a requirement of the course when the course particulars were entered in the Commonwealth Register of Institutions and Courses for Overseas Students. If unsure get legal advice.
- If your student visa was granted so you could do a masters degree by research, then once you start that masters degree by research you have no work limitation.
- If your student visa was granted so you could do a doctoral degree, then once you start that doctoral degree you have no work limitation.
- Voluntary work does not count if nobody is paid to do such work. To be clear, unpaid work counts towards your 48-hour work limit if others are normally paid to do that kind of work!
- If your course is not in session because it has been officially deferred/suspended (under Standard 9 of the National Code of Practice for Providers of Education and Training to Overseas Students), or your enrolment has been cancelled due to the default of their education provider you may be allowed to work full-time. Get legal advice in these situations.
Transitioning between visas
Bridging visas usually carry the same work limitation as the visa you held just prior to the bridging visa. Be aware of that when transitioning between student visas, because all of the above rules will apply.
If your course is complete that means you have unlimited work rights until:
- Your next course starts (if applying for another student visa); or
- Your new visa is granted (if you are applying for a visa that is not a student visa); obviously you must comply with the terms of the new visa once it is granted.
CONDITION 8104 – for partners of students
If your partner is included on your student visa the following rules apply to them.
Before your course commences
No work.
Your partner must NOT work before your course commences.
There is one exception. If you or your partner held a visa at the time you lodged your combined student visa application, and that previous visa had work rights, then your partner may work on their student visa before your course commences. Be aware that even if this exception applies, your partner holds a student visa and so their work rights are student-limited (see below). This exception is a little different to yours (described above) because it allows your partner to work based on the conditions of your previous visa, or theirs.
After your course commences
Limited work.
You partner may work a maximum of 48 hours in any fortnight.
The concept of ‘fortnight’ is explained above.
Unlike you, your partner does NOT get unlimited work rights when you are on a course break, or after you have completed your course. Your partner is always limited to 48 hours per fortnight unless an exception applies.
Exceptions – your partner may work unlimited hours:
- If you are doing a masters or doctoral degree (but only after your course has started)
- Voluntary work does not count if nobody is paid to do such work. To be clear, unpaid work counts towards your 48-hour work limit if others are normally paid to do that kind of work!
Transitioning between visas
Bridging visas usually carry the same work limitation as the visa you held just prior to the bridging visa. Be aware of that when transitioning between student visas, because all of the above rules will apply.
Your partner will probably be limited to working a maximum of 48 hours in any fortnight on their bridging visa.
After a new visa is granted, comply with the terms of that visa.
