Work Rights for Australian Student Visa Holders

Studying in Australia is an exciting opportunity but for many international students, working while studying is essential for managing living costs, gaining valuable experience, and building local networks. However, the ability to work while on a Student Visa (subclass 500) comes with specific conditions you must understand and follow.

In this guide, we’ll walk through:

• What work rights you have as a student visa holder
• How many hours you can work
• Exceptions and special cases
• Your rights at work
• Common pitfalls to avoid
• Tips to stay compliant with visa conditions

What Are Work Rights on an Australian Student Visa?

International students on a subclass 500 visa are permitted to work in Australia under certain conditions. These are designed to ensure that work doesn’t interfere with your primary reason for being in the country, which is to study, while still allowing you to support yourself and gain work experience.

➤ Before Your Course Starts

You cannot start working until your course has officially commenced, unless you held another visa that allowed you to work at the time you applied for the student visa. This is usually defined in your visa condition 8105.

➤ After Your Course Starts

Once your course has begun, you can work up to 48 hours per fortnight when your course is “in session”. A fortnight is a 14-day period starting on a Monday.

During official breaks in your course such as semester or term breaks, you are allowed to work unlimited hours.

These rules apply to all forms of work, including casual and part-time roles, and whether paid or unpaid (unless work is genuinely voluntary and does not replace a paid role).

Understanding the 48-Hour Work Limit

💡 What “In Session” Means

Your course is considered in session not just during regular classes, but also during:

• Officially advertised semesters and terms
• Exam periods
• Any approved course activities that count toward your degree

This means you can’t work unlimited hours just because you don’t have classes in a given week, if the semester is officially running, the 48-hour work limit applies.

💡 Counting Your Hours

The 48-hour cap applies to total work hours across all jobs you hold in that fortnight. For example:

• Week 1: 18 hours
• Week 2: 28 hours
  → Total 46 hours = Allowed
• Week 1: 25 hours
• Week 2: 30 hours
  → Total 55 hours = Breach of visa condition

You must track your own hours, employers don’t do this for you.

Visa Conditions You Must Follow

There are two main visa conditions related to work rights:

🔹 Condition 8105, Work Limitation

This condition stipulates that:

• You cannot work more than 48 hours per fortnight when your course is in session
• You cannot work in Australia before your course starts unless you held another visa allowing work
• If you’re doing mandatory work-integrated learning or placements required as part of your course, those hours don’t count toward the 48-hour limit
• Postgraduate research students (Masters by research or Doctoral candidates) may be exempt from hour limits once their course has started

🔹 Condition 8104, Work Restriction

This condition outlines work restrictions for dependents of student visa holders. Generally:

• Dependants of research degree students can work unlimited hours
• Dependants of other student visa holders are subject to the 48-hour limit while the course is in session

Special Cases You Should Know

a. Research Students (Masters/PhD)

If you’re enrolled in a Masters by research or doctorate (PhD) and have commenced your course, you typically have no work hour limits. This allows you to support yourself while focusing on research without the same restrictions as coursework students.

b. Family Members on the Visa

If your student visa includes family members:

• Dependants of research degree students can work unlimited hours
• Dependants of coursework students must follow the 48-hour per fortnight rule

Workplace Rights, You Have Protections Too

Working legally in Australia also means you are protected under Australian workplace laws. As an international student, you are entitled to:

✔ At least the national minimum wage
✔ A payslip for every pay period
✔ Payment of superannuation (where eligible)
✔ Safe and healthy working conditions
✔ Protection from unfair treatment or exploitation

These rights apply regardless of your visa status or nationality.

If you experience issues such as underpayment, unsafe conditions, or unfair dismissal, you can seek help from workplace authorities. Employers cannot cancel your visa or threaten you for reporting unfair practices.

What Happens If You Break Work Conditions?

Breaching your visa conditions can lead to serious consequences, including:

• Formal warnings
• Visa cancellation
• Refusal of future visa applications

There have been real cases where international students had their visas cancelled for working well beyond permitted limits.

Common breaches include:

⚠ Working more than 48 hours per fortnight during semester
⚠ Working before the course officially starts
⚠ Misunderstanding what counts as “in session”
⚠ Not monitoring total hours across multiple jobs

To avoid these issues:

• Keep detailed records of your work hours
• Confirm official semester dates with your education provider
• Seek advice early if unsure about your visa conditions

Tips for Staying Compliant & Succeeding at Work

a. Plan Your Schedule

Your studies must always come first. Working excessive hours can negatively affect academic performance and put your visa at risk.

b. Track Your Hours

Use a diary, spreadsheet, or mobile app to track hours worked each fortnight, especially if you have more than one job.

c. Know Where to Get Help

For visa-related questions, you can:

• Check your visa conditions through official immigration records
• Speak to your institution’s international student support team
• Consult a registered migration agent if your situation is complex

d. Learn About Your Employment Rights

Understanding pay rates, entitlements, and workplace laws will help you avoid exploitation and make informed employment choices.

Quick Summary

Final Thoughts

Working while studying in Australia can be financially rewarding and professionally valuable but only if done within visa rules. Your student visa is granted primarily for education, and maintaining academic progress is essential.

By understanding your work limits, tracking your hours carefully, and knowing your workplace rights, you can enjoy a balanced and successful student experience in Australia without risking your visa.

If you are ever uncertain about your work rights or visa conditions, seek advice early from reliable sources to protect your future in Australia.