Pinoy Australia Information Forum

WORK RIGHTS ON A STUDENT VISA

8105

(1A) The holder must not engage in any work in Australia before the holder’s course of study commences.

(1) Subject to subclause (2), 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.

(2) Subclause (1) does not apply:

(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.

(3) In this clause:

fortnight means the period of 14 days commencing on a Monday.’

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

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
8104	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: students studying a master’s by coursework or research degree students studying doctorate degree.

Condition number

Who this applies to

Description

8104

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: