Australian Student Visas and Work Rights - What Rights do I Have to Work in Australia as an International Student?

Condition 8105 / Condition 8104  - 20 Hour Work Limitation Attached to Australian Student Visas

 It is important to understand the difference between the work rights of a primary student visa holder and those work rights of the dependent student visa holder, that is their spouse or de facto partner.

Condition 8105 allows the primary student visa holder (the student rolled in a registered course of study - see CRICOS course registration) to work 20 hours per week during semester and full time during course breaks. 

CONDITION 8104 DOES NOT ALLOW THE DEPENDENT VISA HOLDER TO WORK FULL TIME DURING COURSE BREAKS EXCEPT IN VERY LIMITED CIRCUMSTANCES.

If you are a dependent student visa holder on a subclass 572 visa you cannot work more than 20 hours per week at any time while in Australia with condition 8104 attached to your Australian student visa.

Students holding subclass 573 and subclass 574 visas generally do have full time work rights if the primary student visa holder is enrolled in a course for the award of a masters or doctorate that is CRICOS registered.

If your partner who is enrolled as an international student in Australia is enrolled in course other than the above courses, for example holds a subclass 573 visa but is studying a bachelors programme, you do not have full time work rights. 

Breaching your work rights limitation condition 8104 may prove fatal to your study goals in Australia and lead to your dependent student visa  being canceled. 

Please be aware that breaching condition 8104 / 8105 are 'strict liability' breaches and cannot be argued against by stating that you thought you were complying, could work full time during course breaks or other 'compelling or compassionate' reasons to excuse the break. 

Once breached, cancellation processes will begin if you are detected and ultimately, any appeal to the Migration Review Tribunal (MRT) against the cancellation will not get your visa reinstated. 

If you are faced with cancellation of your Australian student visa due to breach of condition 8104 / 8105 and are an international student studying in Australia, you should contact Turner Coulson Immigration Lawyers to see if there is a legal challenge that can made against your student visa cancellation. 

It is important to contact us BEFORE you appeal the Migration Review Tribunal (MRT) to avoid losing any legal avenues for successfully re-instating your Australian student visa. 

If you receive a request from the Department to attend and interview or feel you are at risk of being reported for breach, ensure you contact  Ray or myself at Turner Coulson Immigration Lawyers before attending any interviews with the Department of Immigration and Citizenship (DIAC), or after the interview with DIAC if you have already attended,  to ensure your chances of avoiding cancellation are maximised.

Call us on +61 2 9264 4654 or email sc@tcilawyers.com.au ; info@tcilawyers.com.au