WORK RIGHTS EXPLAINED FOR STUDENT VISA HOLDERS (SUBCLASS 500)
WORK RIGHTS EXPLAINED FOR STUDENT VISA HOLDERS (SUBCLASS 500)
Overview
Student visa holders in Australia have specific work rights that outline how many hours they can
work, when they can work, and what counts as work. These rules ensure that students prioritise
their studies while also having the opportunity to gain work experience.
Work Limitation Condition 8105
• You cannot work before your course begins unless your previous visa allowed work. • When your
course is ‘in session’, you can work a maximum of 48 hours per fortnight. • During scheduled
course breaks, you can work unlimited hours. • A fortnight is any 14nday period starting on a
Monday. • You may work multiple jobs, but the combined hours must not exceed 48 hours per
fortnight while in session.
What Counts as Work?
You are considered to be working if you: • attend a workplace during rostered hours (excluding
unpaid breaks) • clock in via an electronic system • receive payment as shown on your payslip
unless you provide proof you were not working.
Examples from Home Affairs (as shown in VEVO PDF)
1. Rolling Fortnight Example: • Week 1: 15 hours • Week 2: 30 hours • Week 3: 30 hours • Week 4:
10 hours
Assessment: • Weeks 1–2 = 45 hours ® Not a breach • Weeks 3–4 = 40 hours ® Not a breach •
Weeks 2–3 = 60 hours ® Breach (if course is in session)
2. Holidays / Course Not in Session Example: A commercial cookery student works 75 hours in a
fortnight during school holidays. This is allowed because the course is not in session.
Mandatory Work Placement Exception
If your course includes mandatory work experience documented in CRICOS, those hours: • do NOT
count towards your 48nhour limit • allow unlimited work rights only for the mandatory placement
period
Example: A pharmacy student completing a mandatory 4nweek placement may work unlimited
hours for that placement only.
Fair Work Rights
Student visa holders have the same workplace rights as Australian employees. The Fair Work
Ombudsman provides: • minimum pay rules • shift and penalty rates • leave entitlements •
protections against underpayment
Workers can use the Pay and Conditions Tool (PACT) to check lawful pay rates.
Employer Responsibilities
Employers must: • Confirm that the student has commenced their course. • Ensure the student
does not exceed allowable working hours. • Check visa conditions via VEVO with the student's
permission.
Hiring someone who cannot legally work may lead to penalties for employers.
Additional Visa Conditions Impacting Work
• Condition 8202: You must maintain course enrolment, attendance, and progress. • Condition
8501: You must maintain adequate health insurance. • Condition 8516: You must continue to meet
visa grant criteria. • Condition 8533: You must keep your education provider informed of your
address within 7 days.
WORK RIGHTS EXPLAINED FOR STUDENT VISA HOLDERS (SUBCLASS 500)
Overview
Student visa holders in Australia have specific work rights that outline how many hours they can
work, when they can work, and what counts as work. These rules ensure that students prioritise
their studies while also having the opportunity to gain work experience.
Work Limitation Condition 8105
• You cannot work before your course begins unless your previous visa allowed work. • When your
course is ‘in session’, you can work a maximum of 48 hours per fortnight. • During scheduled
course breaks, you can work unlimited hours. • A fortnight is any 14nday period starting on a
Monday. • You may work multiple jobs, but the combined hours must not exceed 48 hours per
fortnight while in session.
What Counts as Work?
You are considered to be working if you: • attend a workplace during rostered hours (excluding
unpaid breaks) • clock in via an electronic system • receive payment as shown on your payslip
unless you provide proof you were not working.
Examples from Home Affairs (as shown in VEVO PDF)
1. Rolling Fortnight Example: • Week 1: 15 hours • Week 2: 30 hours • Week 3: 30 hours • Week 4:
10 hours
Assessment: • Weeks 1–2 = 45 hours ® Not a breach • Weeks 3–4 = 40 hours ® Not a breach •
Weeks 2–3 = 60 hours ® Breach (if course is in session)
2. Holidays / Course Not in Session Example: A commercial cookery student works 75 hours in a
fortnight during school holidays. This is allowed because the course is not in session.
Mandatory Work Placement Exception
If your course includes mandatory work experience documented in CRICOS, those hours: • do NOT
count towards your 48nhour limit • allow unlimited work rights only for the mandatory placement
period
Example: A pharmacy student completing a mandatory 4nweek placement may work unlimited
hours for that placement only.
Fair Work Rights
Student visa holders have the same workplace rights as Australian employees. The Fair Work
Ombudsman provides: • minimum pay rules • shift and penalty rates • leave entitlements •
protections against underpayment
Workers can use the Pay and Conditions Tool (PACT) to check lawful pay rates.
Employer Responsibilities
Employers must: • Confirm that the student has commenced their course. • Ensure the student
does not exceed allowable working hours. • Check visa conditions via VEVO with the student's
permission.
Hiring someone who cannot legally work may lead to penalties for employers.
Additional Visa Conditions Impacting Work
• Condition 8202: You must maintain course enrolment, attendance, and progress. • Condition
8501: You must maintain adequate health insurance. • Condition 8516: You must continue to meet
visa grant criteria. • Condition 8533: You must keep your education provider informed of your
address within 7 days.