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Visa Conditions

There are strict conditions are imposed on Student Visa holders. Breach of any of the conditions on your student visa can land you in serious trouble, and can include cancellation of your visa.

Some examples of Student Visa conditions are as follows:

You must meet attendance and course requirements and maintain a valid enrolment for your chosen course of study.

Prior to your studies starting you can’t work (this includes your dependants). Once your studies have started you will have work rights (limited to 20 hours per week).

You can’t change education providers within 12 months of starting your studies (or duration of your course if it is less than 12 months). If there are exceptional circumstances you may be able to get around this, but do not do anything until you have had professional advice from a migration agent. You could end up booted out of Australia.

You must let your education provider know your residential address within 7 days of arrival in Australia, and any time you move.

You must continue to have sufficient funds to pay for accommodation, airfares, course tuition fees, overseas student health cover (OSHC) and general living expenses during your stay on a student visa. If you are having difficulties, talk to your education provider. Breaching visa conditions will land you in hot water very quickly. If you need help, ask for it. It’s not worth risking your visa.

 

This table describes the mandatory conditions that are attached to all primary Student visas in the following subclasses.

No. Subclasses Description
8105

All

Mandatory only where Student visa granted on or after 26 April 2008

Discretionary where Student visa granted before 26 April 2008

You cannot work more than 40 hours per fortnight* when your course is in session (other than work which has been registered as a part of the course).

Note: No work limits apply during recognised periods of vacation offered by your education provider.

You cannot undertake work until you have commenced your course in Australia. *A fortnight means any period of 14 days commencing on a Monday and ending at the end of the second following Sunday. If you have a subclass 574 visa, you have no work limits applying once you have commenced your Masters by research or Doctorate course in Australia.

8202 All

You must remain enrolled in a registered course (unless you are a Foreign Affairs or Defence sponsored student or secondary exchange student in which case you must maintain full-time enrolment in your course of study or training).

Note: A registered course is one that is on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS).

See: CRICOS

You must maintain satisfactory attendance in your course and course progress for each study period as required by your education provider.

8501 All

You must maintain adequate arrangements for health insurance during your stay in Australia.

Note: Under policy, this means that you must maintain Overseas Student Health Cover (OSHC).

8516 All

You must continue to satisfy the requirements for grant of your student visa. This means, for example, that your main course of study must continue to be a course in the education sector that matches your student visa, and that you must continue to have sufficient financial capacity to support your study and stay in Australia. For further information on the implications of changing courses:

See: Information on changing courses

8517 All You must maintain adequate schooling arrangements for your school-age dependents who joined you in Australia on a student dependent visa for more than 3 months.
8532 All (except 576)

If you have not turned 18 you must maintain adequate arrangements for your accommodation, support and general welfare for the duration of your stay in Australia.

To maintain adequate arrangements for welfare you must stay in Australia with:

  • your parent or legal custodian
    or
  • a relative who has been nominated by your parents or custodians who is aged over 21 and is of good character
    or
  • accommodation, support and general welfare arrangements that have been approved by your education provider.

Note: You must not change those arrangements without the written approval of your education provider.

If your welfare arrangements are approved by your education provider you must not travel to Australia until your welfare arrangements are due to commence.

8533 All

You must notify your education provider of your residential address in Australia within 7 days of arriving in Australia.

You must notify your education provider of any change in your residential address within 7 days of the change.

You must notify your education provider of a change of education provider within 7 days of receiving the electronic Confirmation of Enrolment certificate or evidence of enrolment.

8534 Assessment Level 3 and 4 applicants only, where the course duration is 10 months or less, in the following subclasses:

  • 570
  • 572
  • 573
  • 574
  • 575

Assessment Level 3 and 4 applicants only, where the course duration is 10 months or less.

You are not entitled to be granted a further substantive visa, other than:

  • a Student visa with Permission to Work
    Note: if you apply for and are granted Permission to Work, this will change only the work conditions on your Student visa, all other conditions will remain the same including 8534
  • a further Student Guardian visa
    or
  • a visa to engage Australia’s obligations under the 1951 United Nations convention relating to the status of refugees.
8535 576 You are not entitled to be granted a further substantive visa, other than:

  • a Student visa with permission to work
    Note: if you apply for and are granted permission to work, this will change only the work conditions on your Student visa, all other conditions will remain the same including 8535
  • a Student visa that is supported by the sponsoring government agency
    or
  • a visa to engage Australia’s obligations under the 1951 United Nations convention relating to the status of refugees.

Note: The effect of this visa condition is that, except in extremely limited circumstances, it will not be possible for you to remain in Australia beyond the date authorised by your visa.

This table describes the discretionary conditions relating to each subclass that might be attached to a Student visa.

No. Mandatory/ Discretionary Description
8101 All

You cannot work in Australia.

Note: You can apply for a new Student visa with Permission to Work when you have arrived in Australia and commenced your course.

See: Working While Studying

8203
  • 573
  • 574
  • 576
You must not change your course, or your thesis or research topic, unless the department has granted approval.
8204
  • 570
  • 571
  • 572
  • 575
You must not undertake or change a course, or a thesis or research topic for a:

  • graduate certificate
  • graduate diploma
  • masters degree
  • doctorate
    or
  • a bridging course required as a prerequisite to a course of study or research for a master degree or a doctorate.

unless the department has granted approval.

8303 All You must not become involved in any activities that are disruptive to, or in violence threaten harm to, the Australian community or a group within the Australian community.
8523 All Your family unit members must not leave Australia later than you.
8534 All (except 576) You are not entitled to be granted a further substantive visa, other than:

  • a Student visa with Permission to Work
    Note: if you apply for and are granted Permission to Work, this will change only the work conditions on your student visa, all other conditions will remain the same including 8534
  • a Graduate-Skilled (subclass 497) visa
  • a further Student Guardian visa
    or
  • a visa to engage Australia’s obligations under the 1951 United Nations convention relating to the status of refugees.

Note: The effect of this visa condition is that, except in extremely limited circumstances, it will not be possible for you to remain in Australia beyond the date authorised by your visa.

8535 All (except 576) You are not entitled to be granted a further substantive visa, other than:

  • a Student visa with permission to work
    Note: if you apply for and are granted permission to work, this will change only the work conditions on your student visa, all other conditions will remain the same including 8535
  • a Student visa that is supported by the sponsoring government agency
    or
  • a visa to engage Australia’s obligations under the 1951 United Nations convention relating to the status of refugees.

Note: The effect of this visa condition is that, except in extremely limited circumstances, it will not be possible for you to remain in Australia beyond the date authorised by your visa.

This table describes the conditions that might be attached to your family members. These conditions might be mandatory or discretionary.

No. Mandatory/ Discretionary Description
8101

Mandatory only where Student visa granted before 26 April 2008

Discretionary where Student visa granted on or after 26 April 2008

You cannot work in Australia.

Note: You can apply for a new Student visa with permission to work when the primary student visa holder has arrived in Australia and commenced their course.

See: Working While Studying

8104 Mandatory where visa granted on or after 26 April 2008

You cannot work more than 40 hours per fortnight*

Note: You must not start work until the primary student visa holder has commenced their course.

Exceptions: Family members of the following students can work unlimited hours once the primary student visa holder has commenced their course:

  • Students studying a masters by coursework degree (subclass 573)
  • Students studying a masters by research degree or doctorate (subclass 574)
  • Students sponsored by Foreign Affairs or Defence and studying a masters by coursework degree, masters by research degree or doctorate (subclass 576).

*A fortnight begins on any Monday and ends on the second following Sunday.

8201 Mandatory

You cannot study for more than 3 months while in Australia. For Student Guardian (subclass 580) visa holders, if you lodged your application on or after 24 March 2012, you have unlimited part-time study rights for English Language Intensive Courses for Overseas Students (ELICOS) study only, (this means that you can study any ELICOS courses less than 20 hours per week for the duration of your visa).

Note: This condition applies to student dependent visa holders 18 or older at the time their visa was granted.

8204 Discretionary You must not undertake or change a course, or a thesis or research topic, for a:

  • graduate certificate
  • graduate diploma
  • masters degree
  • doctorate
    or
  • bridging course required as a prerequisite to a course of study or research for a masters degree or a doctorate.

unless the department has granted approval.

8303 Discretionary You must not become involved in any activities that are disruptive to, or in violence threatening harm to, the Australian community or a group within the Australian community.
8501 Mandatory

You must maintain adequate arrangements for health insurance during your stay in Australia.

Note: Under policy, this means that you must maintain Overseas Student Health Cover (OSHC).

8516 Mandatory

You must continue to satisfy the requirements for grant of your student visa.

This means, for example, that you continue to be a member of the family unit of the primary applicant, and that you must continue to have sufficient financial capacity to support your study and stay in Australia.

See: Applying for a Student Visa

8518 Mandatory

Adequate schooling arrangements for you must be maintained while you are in Australia.

Note: This condition applies to student dependant visa holders who have turned 5, but have not turned 18, while they are in Australia.

8522 Discretionary You must not leave Australia later than the primary visa holder.
8534 Discretionary You are not entitled to be granted a further substantive visa, other than:

  • a Student visa with permission to work
    Note: if you apply for and are granted permission to work, this will change only the work conditions on your student visa, all other conditions will remain the same including 8534.
  • a Graduate-Skilled (subclass 497) visa
  • a further Student Guardian visa
    or
  • a visa to engage Australia’s obligations under the 1951 United Nations convention relating to the status of refugees.

Note: The effect of this visa condition is that, except in extremely limited circumstances, it will not be possible for you to remain in Australia beyond the date authorised by your visa.

8535 Discretionary You are not entitled to be granted a further substantive visa, other than:

  • a Student visa with permission to work
    Note: if you apply for and are granted permission to work, this will change only the work conditions on your student visa, all other conditions will remain the same including 8535
  • a Student visa that is supported by the sponsoring government agency
    or
  • a visa to engage Australia’s obligations under the 1951 United Nations convention relating to the status of refugees.

Note: The effect of this visa condition is that, except in extremely limited circumstances, it will not be possible for you to remain in Australia beyond the date authorised by your visa.