Conditions for Working While Studying

Applicants holding a subclass 576 – AusAID or Defence sector visa

must submit evidence from their education provider that the
student has commenced their study or training to be able to apply
for Permission to Work. Defence students and family members
must provide a written statement from Defence supporting the
grant of the visa.
If you are granted permission to work, there are restrictions on the
number of hours you can work.
The table below outlines the work entitlements for you and your
dependant family members if you are granted permission to work.

Type of Applicant Work Entitlement

Students granted You can work a maximum of 20 hours per
permission to work week during the term and unlimited hours
when your course is not in session.
Notes:

• Work that is a formal registered part of your

course is not included in the limit of 20 hours
per week.

• If you are doing voluntary or unpaid work

you must apply for permission to work. It is
included in the limit of 20 hours per week.
Dependant family You can work a maximum of 20 hours per
members granted week throughout the year.
permission to work Exceptions: Family members of the
following students can apply to work
unlimited hours once the student starts
their main course:

• students studying in Masters by coursework

(visa 573)
• students studying in Masters by research or
Doctoral degree (visa 574)

• students sponsored by AusAID or Defence

 and studying in Masters by coursework,
Masters by research or Doctoral degree (visa
576).
Important: You must also comply with the State and Territory
laws of Australia. Under all State and Territory laws, you cannot
work during school hours if you are under the school leaving age,
which in most states is 15 years of age.

When is your course in session?

The department considers your course to be 'in session':

• for the duration of the advertised semesters (including periods when

exams are being held)
• if you have completed your studies and your Confirmation of
Enrolment is still in effect
• if you are undertaking another course, during a break from your main
course and the points will be credited to your main course.

See: How to apply for permission to work

Research students
You can work unlimited hours if you are a PhD student and your
education provider wants you to remain in Australia while your
postgraduate thesis is being marked.
Example: If your Confirmation of Enrolment is in effect until 30
November 2006 and you submit your thesis in September 2006,
your course is in session either:

• up to 30 November 2006
or
• until your education provider notifies the department of your early
course completion.

Student Visa Conditions

On this page
• Mandatory Conditions
• Discretionary Conditions

Mandatory Conditions
The following table describes the mandatory conditions that are
attached to all student visas in the following subclasses.

No. Subclasses Description

8101 All You cannot work in Australia.
Note: you may apply for a new student
visa with permission to work once you
have arrived in Australia and commenced
your course.
See: Working While Studying
8202 All You must remain enrolled in a registered
course (unless you are an AusAID/Defence
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 website
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.
8517 All You must maintain adequate schooling
arrangements for your school-age
dependants who joined you Australia on a
student dependant 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
• 570 You are not entitled to be granted a
• 572 further substantive visa, other than:
• 573
• 574 • a Student visa with permission to work
• 575 Note: if you apply for and are granted
permission to work, this will change only
Assessment Level the work conditions on your student visa,
3 and 4 applicants all other conditions will remain the same
only, where the including 8534
course duration is
• a further Student Guardian visa
10 months or less. 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.

Discretionary Conditions
The following table describes the discretionary conditions relating
to each subclass that may be attached to a student visa.

No. Subclasses Description

8105 All You cannot work more than 20 hours a week
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.

• This condition cannot be granted with an initial

Student visa.
8203
• 573 You must not change your course, or your
• 574 thesis or research topic, unless the department
has granted approval
• 576

8204
• 570 You must not undertake or change a course, or
• 571 a thesis or research topic for a:
• 572
• graduate certificate
• 575 • 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 You are not entitled to be granted a further
576) 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 You are not entitled to be granted a further

576) 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.

Extending Your Stay

You may want to extend your stay in Australia for further study,
graduation, a holiday, work or migration.

Reasons for extending your stay

You can only extend your stay in Australia if you do not have a 'No
Further Stay' condition on your current student visa.
The following table outlines your visa options to extend your stay
in Australia.

Reasons for Visa Options

Extending
Continue your Apply for a new student visa.
studies See: Visa Options
To have your PhD
thesis assessed
Attend your Apply for a visitor visa.
graduation ceremony See: Visitors
Have a holiday
For work Apply for a work visa
See: Workers
Permanent residence Apply to become a permanent resident under
in Australia the General Skilled Migration program.
See: Workers

Changing courses
 If you want to change to a new course at the same level of
qualification, you do not need to apply for a new student visa
unless your current visa is about to expire.
Important: If your new course will be with a different education
provider, read the information below regarding changing education
providers.

Changing level of qualification

If you want to change your level of qualification, you will need to
apply for a new student visa because your visa subclass will
change.
Example: You want to change from a Diploma to a PhD degree.
See: Visa Options

Changing education provider

From 1 July 2007 the 'no change of provider' condition (8206),
which restricted student visa holders from changing education
provider within the first 12 months of their main course of study
ceased to have effect.
Although the condition will still appear on the visa labels of
students who were granted visas prior to 1 July 2007, as the
condition has no effect, students are no longer required to lodge
an application with the department to change education provider.
If you are intending to change education provider you should
contact your current education provider for information. In most
circumstances the new education provider will be restricted from
enrolling you if you have not completed 6 months of the main
course of study for which your visa was granted.
If you want to change provider before completing the first six
months of your main course of study you must contact your
current education provider for permission.
If you want to change your level of qualification, you will need to
apply for a new student visa because your visa subclass will
change.
Example: You want to change from a Diploma to a PhD degree.
See:
Visa Options
 Changes to the Migration Regulations relating to student visa
holders changing education providers (63KB PDF file)

Notify the department that you have changed provider

If you change your education provider at any time you must
contact the department and provide a Confirmation of Enrolment
certificate from your new education provider.
See: Contact Us - Student Visa Enquiries