Many international students in Australia rely on part-time jobs to support themselves. But breaching your visa work conditions, even unintentionally, can have serious consequences.
This blog explains what Condition 8105 means, what happens if you exceed the 48-hour limit, what Condition 8104 means for dependants, and what to do if you’ve already breached your visa conditions.
1. What Is Condition 8105?
Condition 8105 applies to student visa holders (subclass 500). It states that while your course is in session, you can work a maximum of 48 hours per fortnight. A fortnight means any consecutive 14-day period.
You are permitted to work unlimited hours during official course breaks and after your course has formally ended.
This limit includes all paid work across all jobs, including casual roles, part-time positions, or contract work under an ABN.
2. What Is Condition 8104?
Condition 8104 typically applies to family members (dependants) of student visa holders. It restricts them to working up to 48 hours per fortnight at all times, including during course breaks, unless the primary visa holder is studying a master’s or doctoral degree.
Unlike 8105, there is no relaxation of the limit when the course is not in session unless the primary visa holder is in one of those advanced programs.
It is important for dependants to check their visa grant notices to confirm whether Condition 8104 applies.
3. What If You Accidentally Go Over the Limit?
Common reasons students breach work conditions include:
- Taking extra shifts without realising they are over the limit
- Starting work before the course officially begins
- Misunderstanding when semester breaks start and end
- Working multiple jobs and not tracking total hours
It may seem like a small mistake, but even one breach can put your visa at risk. The Department of Home Affairs monitors visa compliance and can identify breaches through tax records, ABN activity, or employer reporting.
4. What Are the Consequences?
Breaching visa conditions like 8105 or 8104 can result in serious outcomes, including:
- Visa cancellation under section 116 of the Migration Act
- Becoming unlawful in Australia if your visa is cancelled
- Difficulty obtaining future visas due to poor compliance history
- Possible refusal of graduate, partner, or skilled visas later on
Even if your visa is not cancelled, the breach may come up in future applications. You may be asked to explain your work history or provide evidence of compliance.
5. What Should You Do If You Have Breached the Condition?
If you believe you have gone over the allowed hours:
- Stop working excess hours immediately
- Seek legal advice before lodging any new visa application
- Prepare a clear and honest explanation
- Gather evidence such as rosters, payslips, and communications with your employer
In many cases, a well-handled explanation can help reduce the risk of visa refusal or cancellation.
FAQs
Is the 48-hour limit averaged over the month?
No. The limit applies to every rolling 14-day period. Even if you work fewer hours the following fortnight, one breach is still considered non-compliance.
Do the same rules apply if I’m on a Bridging Visa A?
Yes. If your Bridging Visa A carries Condition 8105 or 8104, the same work limits apply until your new visa is granted or your course ends.
What if I was volunteering or doing unpaid work?
Unpaid internships and volunteer work generally do not count, but if you receive any benefits or allowances, the Department may still treat it as work.
Checklist
✔️ Check your visa conditions on VEVO
✔️ Monitor your hours closely across all jobs
✔️ Avoid working during restricted periods
✔️ Seek advice early if you think you breached your visa
✔️ Keep copies of pay slips, rosters, and employer communications
Need Help With a Student Visa Breach?
At Aurelia Legal, we help international students and their dependants respond to work condition breaches, explain past mistakes, and prepare stronger visa applications. Reach out early for clear, practical guidance.
📞 (03) 9125 8820
✉️ info@aurelialegal.com.au
Disclaimer: This blog is for general information only and does not constitute legal advice. Please seek advice tailored to your specific situation.