Navigating the intricacies of visa conditions is crucial for international students studying in Australia. One of the most common areas of confusion is Work Restrictions (Condition 8105), particularly for those on a Student Visa (Subclass 500). Misunderstanding these restrictions can lead to unintentional breaches, which might jeopardize a student's visa status. Let's clear up some of these misconceptions and provide a comprehensive understanding of what every international student should know. This work limit applies to consecutive weeks for example:
To understand how the 48-hour work limit per fortnight works under Condition 8105, let’s look at a couple of scenarios. If you work 15 hours in the first week and 30 hours in the second week, you will have worked a total of 45 hours in that fortnight, which is within the allowable limit and therefore compliant with the visa condition. However, if you work 30 hours in each of two consecutive weeks, you will have worked a total of 60 hours in that fortnight, exceeding the 48-hour limit. This is not permitted when your course is in session and would result in a breach of your visa conditions. Adhering to these limits ensures that you remain focused on your studies while staying compliant with the Student 500 visa requirements.
During scheduled course breaks, there are no work restrictions, giving you the flexibility to work unlimited hours. This balance helps you gain valuable work experience without compromising your academic performance.
What you need to ask is:
If you are pursuing a master's degree by research or a doctoral degree, you are permitted to work more than 48 hours per fortnight once your degree program has commenced. This exemption acknowledges the unique demands and schedules of higher degree research students.
Be mindful of the hours you are working as a student. The department is very strict regarding the conditions and any misstep can be construed as a breach of your visa.
Many students assume they can start working as soon as they arrive in Australia. However, under Condition 8105, you cannot work before your course begins unless you were already in Australia on a visa that permitted work before applying for your Student Visa. This means that any job you take up before the start of your course could put you in violation of your visa conditions.
Once your course is in session, you are limited to working 48 hours per fortnight. This 14-day period starts on a Monday and ends on a Sunday, and it’s essential to track your hours carefully to avoid accidental breaches.
For example, if you work 15 hours in the first week and 30 hours in the second week, your total for that fortnight is 45 hours, which is within the limit. However, if you work 30 hours in the first week and 30 hours in the second week, the 14-day period overlapping these weeks will total 60 hours, violating your visa conditions.
A course is considered "in session" for the entire duration of the school semester, including during exams. It also counts if you take another course that will count towards your main course during a term break. Understanding this is critical because many students mistakenly believe that exam periods or additional courses don't count as being "in session," leading them to work more hours than permitted.
There are specific scenarios where you can work more than 48 hours per fortnight:
For instance, a pharmacy student undertaking a mandatory 4-week on-the-job training block has unlimited work rights for that period, as this training is a documented part of the course structure.
Another common misconception is that unpaid work experience doesn't count towards your work hours. This is not true. Any work, whether paid or unpaid, counts towards the 48-hour fortnight limit unless it is a mandatory and registered component of your course. Be mindful of this to avoid unintentional breaches.
It's important to understand what activities are classified as "work" under your visa conditions:
If you’re employed in multiple jobs, ensure your combined working hours don’t exceed 48 hours in any fortnight.
Employers also have a role in ensuring that international students comply with visa conditions. Before hiring a student, employers should request evidence of course commencement, such as a confirmation of enrolment. After employment begins, it's crucial for employers to monitor the student's work hours to ensure they do not exceed the permitted limits.
The Australian Department of Home Affairs collaborates with the Fair Work Ombudsman to ensure that international students and their employers understand workplace laws. Resources such as the Pay and Conditions Tool (PACT) can provide valuable information on pay rates, shift calculations, leave arrangements, and more. Both students and employers should familiarize themselves with these tools to ensure compliance with all relevant conditions.
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| Course | Bachelor’s Degree | Master’s Degree | Requirements or Considerations | English Language Proficiency (IELTS/TOEFL) | Tuition Fees (per year for international students) | Top Universities |
|---|---|---|---|---|---|---|
Nursing | 3 years | 1-2 years | Clinical placements required; may need specific health immunizations. | Minimum IELTS 6.5; TOEFL 79-93. | AUD $30,000 - $45,000 | University of Sydney, University of Melbourne, Monash University |
Information Technology | 3-4 years | 1-2 years | May require programming skills or prior coursework in IT. | Minimum IELTS 6.5; TOEFL 79-93. | AUD $30,000 - $50,000 | Australian National University, University of New South Wales, University of Melbourne |
Accounting | 3 years | 1-2 years | Need to meet accreditation standards by professional bodies. | Minimum IELTS 6.5; TOEFL 79-93. | AUD $30,000 - $40,000 | University of Melbourne, University of Sydney, University of Queensland |
Engineering (various fields) | 4 years | 1-2 years | Strong background in mathematics and physics required. | Minimum IELTS 6.5; TOEFL 79-93. | AUD $35,000 - $45,000 | University of New South Wales, University of Sydney, Monash University |
Social Work | 4 years | 1-2 years | Practical experience or placements required. | Minimum IELTS 7.0; TOEFL 94-101. | AUD $28,000 - $40,000 | University of Melbourne, University of Sydney, University of Queensland |
Education (various fields) | 4 years | 1-2 years | A police clearance and working with children check required. | Minimum IELTS 7.0; TOEFL 94-101. | AUD $28,000 - $35,000 | University of Melbourne, University of Sydney, Monash University |
Psychology | 3 years | 1-2 years | Requires strong research and psychological theory understanding. | Minimum IELTS 7.0; TOEFL 94-101. | AUD $30,000 - $45,000 | University of Sydney, University of New South Wales, University of Queensland |
Occupational Therapy | 3-4 years | 1-2 years | May require pre-registration or relevant clinical experience. | Minimum IELTS 7.0; TOEFL 94-101. | AUD $30,000 - $45,000 | University of Queensland, University of Sydney, Curtin University |
Architecture | 3-4 years | 2 years | Includes technical and creative coursework, portfolio may be required. | Minimum IELTS 6.5; TOEFL 79-93. | AUD $35,000 - $50,000 | University of Sydney, University of Melbourne, Monash University |
Medicine and Health Sciences | 5-6 years | 2-4 years | Highly competitive entry, includes clinical placements and internships. | Minimum IELTS 7.0; TOEFL 94-101. | AUD $45,000 - $70,000 | University of Melbourne, University of Sydney, Australian National University |
| State/Territory | Subclass 190 (Skilled Nominated Visa) | Subclass 491 (Skilled Work Regional (Provisional) Visa) |
|---|---|---|
| New South Wales (NSW) | Required for some occupations | Required for some occupations and regions |
| Victoria (VIC) | Required | Required |
| Queensland (QLD) | Not typically required, conditions apply | Required for some occupations and regions |
| South Australia (SA) | Not typically required, conditions apply | Required for some occupations and regions |
| Western Australia (WA) | Not typically required | Not typically required |
| Tasmania (TAS) | Not typically required, conditions apply | Not typically required, conditions apply |
| Northern Territory (NT) | Not typically required | Not typically required |
| Australian Capital Territory (ACT) | Required, uses Matrix system | Required, uses Matrix system |
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