Condition 8105 is the work limitation imposed on most primary Student visas (subclass 500) holders (that is, the student who is enrolled in the course). It governs when work can commence and (for many students) how many hours can be worked during study periods. Breaches can have serious migration consequences, including visa cancellation and downstream impacts on future visa applications.
Family members who hold a Student visa as secondary applicants (dependants) are commonly subject to Condition 8104 instead. Condition 8104 also regulates work rights, but it is a separate condition with different operation. This newsletter focuses only on Condition 8105.
What is Condition 8105?
In broad terms, Condition 8105 generally means:
- Work cannot commence until the course has started
- Work must remain within the permitted limits during periods when the course is in session (subject to the person’s visa settings and any applicable policy settings in place at the relevant time).
- Additional requirements may apply depending on course type, work type, and whether the person holds any work-related concession under current policy settings.
Because policy settings and concessions can change, the safest approach is to check the visa grant notice and VEVO conditions and ensure work arrangements align with the current legal and policy position.
When Can a Student Start Working (Condition 8105)?
Condition 8105 generally prohibits work before the course commences.
- “Course commencement” generally means the course has actually started (not merely that the visa has been granted, flights have been booked, or orientation has occurred)
- Students who arrive early to settle in should be cautious: starting work before course commencement is a common breach scenario.
Exception: This “no work before the course starts” rule does not apply if both of the following were true when you lodged your Student visa application:
- You were already in Australia holding a substantive visa or a bridging visa; and
- That earlier visa allowed you to work while it was in effect.
Tip: Keep a clear record of the official course start date (e.g., confirmation from the education provider) and do not commence paid work until that date has passed and the course is underway.
How Many Hours Can a Student Work?
Student work rights under Condition 8105 have historically been framed around a cap during “course in session” periods, with more flexibility during scheduled breaks. However:
- The applicable cap can depend on the specific visa holder’s circumstances, the terms of the grant, and the Department’s settings at the relevant time.
- Some students (for example, certain postgraduate research students or those in particular circumstances) may have different work limitations.
A course is considered to be ‘in session’:
- for the duration of the advertised semesters (including periods when exams are being held);
- if a student is undertaking another course during a break from their main course and the points will be credited towards their main course.
While a course is in session, students are limited to a maximum of 48 hours of work per fortnight. A fortnight is a fixed 14 day period starting on a Monday and ending on the second following Sunday. This limit applies to each individual fortnight and cannot be averaged across weeks or months.
There are two key exemptions to the 48 hour limit:
- Work that is a compulsory and recorded part of the course as listed on CRICOS. This means that if you are required to work by coursework, this condition must be explicitly stated in your CRICOS.
- Students enrolled in a Masters by research or a Doctoral degree, once they have commenced their program
When is a Course Considered to be “Out of Session”?
Students may work unlimited hours when their course is not in session. A course is considered out of session:
- during scheduled breaks
- approved deferrals or suspensions, or
- after the course has been completed as scheduled on the Confirmation of Enrolment (CoE), provided the Student visa remains valid.
Importantly, completing a course early does not automatically mean the course is out of session. If the course is still considered in session under policy, the 48 hour limit continues to apply.
What Counts as “Work”?
Work is defined broadly as any activity that normally attracts payment in Australia. This includes situations where a student is rostered on, clocked into a system, or paid according to a payslip, even if part of that time was not actively productive.
Unpaid breaks do not count as work. However, unpaid roles that would normally be paid roles in Australia are still treated as work for visa purposes.
Why Compliance Matters
Condition 8105 is actively monitored. Breaches are often identified through payslips, employer records, and tax data.
Breaching a visa condition can lead to:
- visa cancellation (including cancellation powers that may be exercised while the person is in Australia);
- difficulty obtaining future visas, as compliance history is relevant;
- complications for employer sponsorship pathways where a strong compliance record is expected
Concluding Thoughts
Condition 8105 is a central compliance obligation for Student visa holders and should be treated as a practical, ongoing requirement rather than a one-off check at visa grant. In most cases, it restricts when work can begin and limits work during periods when the course is in session, with the relevant settings turning on the visa grant conditions and the student’s specific circumstances.
The principal risk areas arise from starting work before course commencement, miscalculating hours across multiple roles, and assuming unpaid arrangements fall outside the definition of “work”.
For students and employers alike, consistent VEVO checks, accurate time and wage records, and clear alignment with the education provider’s academic calendar are key controls to maintain compliance and avoid adverse migration consequences.
If you are unsure about your work rights, volunteering arrangements, or course status, seek professional advice early. Correct guidance can prevent costly mistakes.
Migration Affairs regularly advises students and employers on compliance with Student visa conditions and lawful work arrangements.
📧 info@migrationaffairs.com.au
🌐 migrationaffairs.com.au/contact
📞 +61 2 8226 8777
Changes to the migration program can occur without notice. The above information is not intended to be legal advice and is correct as of the date of writing this article.
Contact Migrations Affairs to speak with our immigration experts for tailored advice on the circumstances and eligibility.
