Published on 25 February 2025

 



Buenventura Law Visa Condition 8105 - Student Work Limits in Australia


Student Visa Work Limitations in Australia 


In Australia, Student visa (subclass 500) holders are subject to a range of visa conditions that govern their activities while residing and studying in the country. One of the most important of these is Condition 8105, which sets out the limitations on when and how much international students can work while undertaking their course of study. Given the significance of these rules for both students and employers, this article outlines the key aspects of Condition 8105, recent developments, and practical guidance to ensure compliance with Australian immigration and workplace laws.


What is Condition 8105?


Condition 8105 is a standard condition attached to most Student visas issued by the Department of Home Affairs. It restricts the holder’s ability to work both before and during their study in Australia.


Under this condition, a visa holder:


    

  1. Cannot engage in work until their course has commenced, unless they held a visa that permitted work at the time of their Student visa application; and
    2. 

  2. Cannot work more than 48 hours per fortnight while their course of study or training is “in session.”
    3. 



A fortnight is defined as a 14-day period beginning on any Monday.


This condition is intended to ensure that the primary purpose of the visa holder’s stay in Australia remains education, not employment.


When Is a Course “In Session”?


Understanding what constitutes a course “in session” is critical in determining whether a student can exceed the 48-hour working limit.


A course is considered to be in session when:


    

  • The school semester is ongoing, including during examination periods; or
    • 

  • The student is taking an additional course during a term break that counts towards their principal course.
    • 



Conversely, a course is not in session when:


    

  • The student is on a scheduled course break;
    • 

  • The course has been deferred or suspended in accordance with Standard 9 of the National Code of Practice for Providers of Education and Training to Overseas Students 2018;
    • 

  • The student has completed their course, as per their Confirmation of Enrolment (CoE); or
    • 

  • The student’s enrolment has been cancelled due to provider default, and they have yet to secure a new enrolment.
    • 



These periods of inactivity provide a temporary reprieve from work restrictions, allowing unlimited hours during course breaks or after course completion, assuming the visa remains valid.


Clarifying the 48-Hour Fortnight Limit


Condition 8105 permits Student visa holders to work up to 48 hours in any given 14-day period, not per calendar week. This distinction is important because it requires students to continually calculate their hours on a rolling fortnightly basis rather than per-week intervals.


Illustrative Example:


Let’s say a student works:


    

  • Week 1: 15 hours
    • 

  • Week 2: 30 hours
    • 

  • Week 3: 30 hours
    • 

  • Week 4: 10 hours
    • 



This student may not have breached Condition 8105 in the first or last fortnights (45 and 40 hours, respectively), but would have breached the condition in the rolling fortnight of Week 2 + Week 3 (60 hours).


This example underscores the importance of accurately tracking work hours across overlapping 14-day periods.


Exceptions to the Rule


There are limited exceptions where a Student visa holder may work more than 48 hours per fortnight even when their course is in session:


    

  1. Postgraduate Research Students: Students undertaking a Masters by Research or Doctorate can work unlimited hours once their research programme has officially commenced.
    2. 

  2. Mandatory Work Placement: If the work forms a registered and mandatory part of the student’s course (as per the Commonwealth Register of Institutions and Courses for Overseas Students, or CRICOS), the time spent on work placement does not count toward the 48-hour limit.
    3. 



Example: A pharmacy student is required to undertake a four-week on-the-job training placement, as stipulated in the course curriculum. During this placement, the student can work unlimited hours, but only for the purpose and duration of the registered requirement.


In contrast, voluntary or optional placements not listed on CRICOS are still subject to the 48-hour restriction.


    

  1. Course Not in Session: As mentioned, students may work unlimited hours during official semester breaks, or between the end of one course and the beginning of a new one (if still holding a valid visa).
    2. 



What Constitutes “Work”?


The Department of Home Affairs defines “work” as any activity in exchange for remuneration, including payment in kind, or services that would otherwise attract a wage.


You are deemed to have worked if:


    

  • You were physically present at a workplace during rostered hours (excluding unpaid breaks);
    • 

  • You were clocked in via an electronic system or timesheet; or
    • 

  • You received remuneration or a payslip, unless documentary evidence proves no work occurred during that period.
    • 



Unpaid internships or voluntary roles are still considered work unless they are embedded and mandated within a CRICOS-registered course structure.


Can a Student Hold Multiple Jobs?


Yes. A Student visa holder may undertake more than one job concurrently, provided that the total work hours across all roles do not exceed 48 hours in a fortnight (unless exempted, as discussed above).


Changes and Policy Updates


Restoration of Work Hour Caps (July 2023)


During the COVID-19 pandemic, Australia temporarily lifted the 40-hour fortnight cap (now 48 hours) for Student visa holders working in critical sectors. However, this temporary relaxation ceased on 1 July 2023.


From that date, the cap was reinstated with an increase from 40 to 48 hours per fortnight to support students while balancing the intent of the visa.


This change reflects the government’s objective of allowing international students to gain work experience and support themselves financially, without compromising their primary educational commitments.


Collaboration with the Fair Work Ombudsman (FWO)


The Department of Home Affairs has also intensified collaboration with the FWO to address exploitation of visa holders and ensure compliance with workplace laws.


Employers are advised to use the FWO’s Pay and Conditions Tool (PACT) to ensure that they are paying correct wages and entitlements. International students are entitled to the same minimum wages, conditions, and protections as any Australian worker.


Employer Responsibilities


If you are an employer considering hiring a Student visa holder, it is essential that you:


    

  • Confirm the student has commenced their course. Acceptable proof includes a Confirmation of Enrolment (CoE) or a letter from the education provider.
    • 

  • Track the employee’s hours carefully, ensuring they do not exceed the 48-hour per fortnight cap unless exempt.
    • 

  • Retain accurate records, such as rosters, payslips, and employment contracts, to demonstrate compliance if audited.
    • 



Employers found in breach of immigration or workplace laws risk serious penalties, including fines and sanctions under the Migration Act 1958 (Cth).


Key Takeaways for Students and Employers


    

  1. Students must not work before course commencement unless they hold a work-eligible visa at the time of application.
    2. 

  2. Work must not exceed 48 hours per fortnight while the course is in session.
    3. 

  3. Exceptions exist for:

      

    • Postgraduate research students
      • 

    • CRICOS-registered, mandatory course placements
      • 

    • Periods when the course is not in session
      • 

    

    4. 

  4. Employers must verify student work eligibility and track total work hours across all positions held by the student.
    5. 

  5. Fair Work entitlements apply equally to international students, regardless of their visa status.
    6. 



Condition 8105 plays a crucial role in preserving the integrity of Australia’s international education system. It ensures that student visa holders prioritise their studies while having the opportunity to engage in part-time employment to support their living costs and gain valuable experience. For employers, compliance with this condition—and all applicable employment laws—is essential to avoid inadvertent breaches that could lead to penalties.


Our firm continues to monitor developments in Australian immigration and employment law. If you are a student, education provider, or employer seeking guidance on Condition 8105 or related compliance issues, our legal team is available to assist with tailored advice and representation.


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