Visa Conditions

All overseas students MUST ensure that they have a valid Australian visa while studying in Australia.

Australia has very stringent Border Protection laws in place. The tables below describe different types of visas as defined by Department of Home Affairs. These tables can also be found on Department of Home Affairs website: https://www.homeaffairs.gov.au/Trav/Stud/More/Visa-conditions/visa-conditions-students

Please make sure you comply with your student visa conditions. Breach of any condition may have sever consequences.

The table below describes the conditions that apply to all student visa holders.

Conditions that apply to all student visa holders

Condition numberWho this applies toDescription
8105All studentsDue to current workforce shortages, the Government is temporarily removing the limit on student visa holder working hours. This applies to all sectors of the economy. See Temporary changes to visa work conditions for Students and Working Holiday

This is a temporary measure and will be reviewed in April 2022. It is for all ongoing students, as well as new student arrivals who want to find and start work prior to course commencement. This also includes secondary visa holders.

For more information see Temporary relaxation of working hours for student visa holders

Understanding your work rights

We are working with the Fair Work Ombudsman to help employees and employers understand and follow Australian Workplace laws.

For information on pay rates, shift calculations, leave arrangements and notice and redundancy entitlements see the Pay and Conditions Tool (PACT).

The Fair Work Ombudsman website has more information on workplace rights and entitlements see visa holders and migrant workers.

For the full list of conditions relevant to your visa, see the Federal Register of Legislation.

8202All studentsYou must:

  • remain enrolled in a registered course (if you are a Foreign Affairs or Defence sponsored student or a secondary exchange student you must maintain full-time enrolment in your course of study or training)
  • maintain enrolment in a registered course that is the same Australian Qualifications Framework (AQF) level or higher for which we granted your student visa, unless changing from AQF level 10 to level 9. See: Change in study situation.
  • maintain satisfactory attendance in your course and course progress for each study period as required by your education provider.

Note: A registered course is one that is on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS).

Gap between courses

Generally course gaps should not be more 2 months. A course gap can be more than 2 months if:

  • it is the end of the academic year study break
  • you are affected by education provider default
  • you have completed your course and you are applying for a new visa

Additional information

8501All students***You must have and maintain adequate health insurance for the whole of your stay in Australia.

For more information on how this condition mi​ght apply to you see your visa details.
*** See who is exempted.

8516All studentsYou must continue to satisfy the criteria for the grant of the visa.
8517All studentsYou must maintain adequate schooling arrangements for your school-age dependents who joined you in Australia for more than 3 months as part of your student visa application.
8532All studentsIf you are younger than 18 years of age, you must have accommodation and support, and your general welfare must be maintained for the duration

To maintain your 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
  • have accommodation, support and general welfare arrangements in place that have been approved by your education provider

You must not change your 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 start

8533All studentsYou must let your education provider know your residential address within 7 days of arriving in Australia if you were outside Australia when your visa was granted.

If your residential address changes you must let your education provider know within 7 days of the change.

You must also your current education provider know you have changed your education provider within 7 days of receiving:

  • a confirmation of enrolment from your new education provider, or
  • evidence you have been enrolled by the new education provider

We will contact you through your school. If you don’t update your contact details we won’t be able to contact you.

See the Regulation

 8303All students

You must not become involved in activities disruptive to, or violence threatening harm to, the Australian community or a group within the Australian community.

For example, engaging or promoting extremist views and interrupting the operation of the Australian community.

8203All students

You must not change your course of study, thesis or research topic without the approval of the Minister.

This approval can only be given after the Minister has obtained an assessment from the competent Australian authorities that you are not likely to be directly or indirectly a risk to Australian national security.​

If you are considering changing your thesis, major or research topic you must: complete Form 1221 – Additional personal particulars information (PDF) and email to Adelaide.student.centre@homeaffairs.gov.au. Your subject line must be ‘8203/8204 assessment’.

See the regulation

8204All studentsYou must not undertake or change your course of study, thesis or research topic without the approval of the Minister, for a:

  • graduate certificate
  • graduate diploma
  • master’s degree
  • doctorate, or
  • any bridging course required as a prerequisite to a course of study or research for a master’s degree or doctorate

This approval can only be given after the Minister has obtained an assessment from the competent Australian authorities that you are not likely to be directly or indirectly a risk to Australian national security.

If you are considering changing your thesis, major or research topic you must complete Form 1221 – Additional personal particulars information (PDF) and submit to Adelaide.student.centre@homeaffairs.gov.au. Your subject line must be ‘8203/8204 assessment’.

See the Regulation

 

The table below describes the conditions that might be attached to a student visa. You can find your visa conditions in VEVO.

Conditions that might be attached to a student visa
No.Who this might apply toDescription
8104All studentsDue to current workforce shortages, the Government is temporarily removing the limit on working hours for student and secondary training visa holders. This temporary measures applies to all sectors of the economy.

Family members of students may also find and start work prior to the student’s course commencement. For more information see Temporary relaxation of working hours for student visa holders.

Non-student visa holders other than training visa holders can only work up to 40 hours in a fortnight. A fortnight means the period of 14 days starting on a Monday.

Understanding your work rights

We are working with the Fair Work Ombudsman to help employees and employers understand and follow Australian Workplace laws.

For information on pay rates, shift calculations, leave arrangements and notice and redundancy entitlements see the Pay and Conditions Tool (PACT).

The Fair Work Ombudsman website has more information on workplace rights and entitlements see visa holders and migrant workers.

For the full list of conditions relevant to your visa, see the Federal Register of Legislation.

8534Any studentWhile you are in Australia, we will not grant you a new substantive visa, other than:

  • a Subclass 485 (Temporary Graduate) visa, or
  • a Subclass 590 (Student Guardian) visa, or
  • a Protection visa

For the full list of conditions relevant to your visa, see the Federal Register of Legislation.

Additional information

Condition 8534 can be applied to subclass 500 Student visa holders and their family members at our discretion.

The case officer that assesses your application will decide whether to apply the condition.

Applying for a graduate visa

If condition 8534 applies to your current visa you can only apply for the Temporary Graduate visa using the paper form.

You don’t need to ask us to waive the condition before you submit your application.

Download and complete Form 1409 Application for a Temporary Graduate visa. Ensure you tick the box saying you want to waive this condition.

Applying for any other visa

If you have completed the course we granted you the visa for, you don’t need to ask us to waive condition 8534 to make a valid application for one of these visas:

  • General Skilled Migration visa (for example Subclass 189 or 190)
  • Subclass 132 (Business Talent) visa
  • Subclass 186 (Employee Nomination Scheme) visa
  • Subclass 187 (Regional Sponsored Migration Scheme) visa
  • Subclass 188 (Business Innovation and Investment (Provisional)) visa
  • Subclass 482 (Temporary Skill Shortage) visa

You can ask us to waive this condition in limited circumstances if you want to apply for any other visa, including a further Student visa.

8535Students sponsored by the Commonwealth or a foreign governmentwhile you remain in Australia, you are not entitled to be granted a further substantive visa, other than:

  • a protection visa
  • a Student visa (subclass 500) granted on the basis of support from the Commonwealth government or a foreign government

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.


Length of stay for Student visas

Reference: https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/student-500/length-of-stay

The length of stay is based on the course you intend to study. Additional time may be granted at the end of the course depending on its length. The ‘expiry date’ of your Overseas Student Health Cover (OSHC) (and any welfare arrangements, where relevant) will also be taken into account. At minimum OSHC must cover the course length.

To be granted a student visa to cover the additional time students must have OSHC in place for the same period. For example, if your course is a year in length ending 30 August, you will be eligible for a student visa to 30 October, provided you have OSHC to that date.

You should consider this when deciding how much OSHC to purchase, as your visa end date cannot be changed once granted.

Subject to the ‘expiry date’ of your OSHC and any welfare arrangements (where relevant), your length of stay will generally be as follows:

Length of courseLength of stay
10 months or longer, finishing at the end of the Australian academic year (November to December)We will usually grant a visa stay period to 15 March of the following year
10 months or longer, finishing from January until OctoberWe will usually grant a visa stay period of 2 months longer than the course
Less than 10 monthsWe will usually grant a visa stay period 1 month longer than the course

The maximum length of stay for a Student visa will generally not exceed 5 years.


Disclaimer: This information obtained from sources within the Department of Home Affairs, and is subject to change without notice. PCBT has used its best endeavours to ensure that the Information is correct and current at the time of publication but takes no responsibility for any error, omission or defect therein. Readers should rely on their own enquiries in making decisions AND should read the most updated visa conditions and criteria from the DoHA website or other resources:

https://immi.homeaffairs.gov.au/visas/already-have-a-visa/check-visa-details-and-conditions/see-your-visa-conditions?product=500#

Page updated 27 June 2022.