1. What Condition 8105 Means
Condition 8105 restricts how much you can work while your course is running. The key phrase is 'during the course in session'—this means the periods when your institution is formally delivering teaching and classes. The restriction does not apply to official course breaks, holidays, or periods between semesters.
For Subclass 500 (Student visa) holders, the limit is 48 hours per fortnight since 1 July 2023. For other student visas, including Subclass 590 (Student Guardian), the limit is 40 hours per fortnight. One fortnight equals 14 days; the hours are calculated on a rolling basis, not reset each week. This means if you work 25 hours in week one and 15 hours in week two, you are compliant; if you work 30 hours in week one and 20 hours in week two, you have breached the condition.
Work includes paid employment, unpaid placements, volunteer work, self-employment, and any activity where you receive payment or benefit. Study-related activities that form part of your course curriculum (practicum, fieldwork, thesis research) are typically considered coursework, not separate work, but the interpretation depends on whether your institution designates them as part of your course load or as external employment.
A practical example: if your course runs from 20 February to 30 November, with a mid-year break from 1 July to 31 July, the work limit applies only from 20 February to 30 June and from 1 August to 30 November. During the July break, you can work 60+ hours if you wish.
2. Which Visas Carry This Condition
Condition 8105 is standard on Student (Subclass 500) visas and Student Guardian (Subclass 590) visas. It exists because Australian student visas are designed to support full-time study, not full-time work. The condition enforces the principle that your primary activity should be study, not employment. The Department of Home Affairs imposed this condition to protect the integrity of the student visa program and ensure that genuine students are not using student visas as a backdoor to Australian work visas.
Subclass 500 holders typically include international undergraduates, postgraduates, vocational students, and English language students. Subclass 590 (Student Guardian) is for parents or guardians accompanying a Subclass 500 student; the work condition applies equally to both. Occasionally, other student-related visas may carry this condition, though it is most common on 500 and 590.
The restriction applies regardless of whether your course is part-time or full-time, or whether your institution is Australian or recognises your studies through a third-country provider. If your visa shows Condition 8105, the limit is in effect whenever your course is formally in session, even if you have chosen to study part-time hours.
3. Consequences of Breaching Condition 8105
Breaching Condition 8105 is a serious matter. The Department of Home Affairs can cancel your visa under section 116 of the Migration Act if it is satisfied that you have failed to comply with a condition. The decision-maker does not need to show that the breach was intentional—even inadvertent or accidental breaches can result in cancellation. There is no 'de minimis' threshold; even one hour over the limit per fortnight, if detected, can be grounds for cancellation.
A visa cancellation forces you to leave Australia immediately. You lose your right to work, study, or remain in the country. The cancellation is recorded on your immigration file and affects your character assessment for all future visa applications. Even if you later apply for another student visa or a skilled migration visa, the previous cancellation will be investigated, and you will need to provide a detailed explanation of the breach and demonstrate that you pose no ongoing compliance risk.
Additionally, a breach may affect your character assessment under section 501 of the Migration Act. If the Department considers the breach to demonstrate a pattern of non-compliance or dishonesty, it could be cited as evidence against your character. This can result in a visa refusal or, in extreme cases, exclusion from Australia for a period of time. You may also become ineligible for certain visas if your character is found to be unsatisfactory.
Re-entry after cancellation is not automatic. If your Student visa is cancelled, you will need to reapply from outside Australia. A new application will be subject to much closer scrutiny, and you may be required to demonstrate that the previous breach will not recur. Some applicants are refused re-entry altogether.
4. Waiver and Removal Options
Condition 8105 is not waivable and cannot be removed during the visa's validity. It is a mandatory condition of the Subclass 500 and 590 visa classes, and the Department does not exercise discretion to waive it under regulation 2.05 or any other authority. If your visa shows this condition, you must comply with it for the entire duration of your stay in Australia.
The condition can only be removed by cancellation and re-grant (e.g., if you transition to a different visa class such as a skilled migration visa or work visa), but the department will not grant a visa variation to remove it while you remain a student visa holder. There is no formal waiver request process; the condition is non-negotiable.
However, if your circumstances change—for example, if you take a leave of absence from your course and are no longer actively studying—you may contact the Department to discuss your visa status. In rare cases, the Department may agree that the condition no longer applies because the triggering condition (active course enrolment) no longer exists. This is not a waiver; it is a change in circumstances that may affect the condition's legal application. You should seek advice before relying on this approach.
5. What to Do If You Have This Condition
- Verify the condition on your visa: Check your e-visa status and visa grant notification letter. Confirm that Condition 8105 is listed. If you are unsure, contact the Department or seek advice from a registered migration agent.
- Obtain your course dates from your education provider: Request your Confirmation of Enrolment (CoE) or official course schedule from your institution. Identify the exact dates your course is 'in session' and the official break dates (semester breaks, holidays, exam periods).
- Understand what counts as work: Clarify with your institution whether any of your coursework is classified as external employment or as part of your enrolled course. Keep records of what your institution tells you in writing.
- Track your work hours: Keep a written or digital record of all work you undertake, including the dates and hours. Record both paid and unpaid work. Use a simple spreadsheet to track fortnightly totals and ensure you stay within the 40 or 48 hour limit.
- Plan your work around course breaks: If you need more income, concentrate your work during official course breaks when the limit does not apply. Confirm the break dates with your provider in writing to avoid disputes later.
- Keep evidence of your compliance: Maintain payslips, timesheets, contracts, and correspondence with employers showing the dates you worked. If the Department ever audits your compliance, this evidence will protect you.
- Seek advice if circumstances are unclear: If your course schedule is complex, if you are unsure whether an activity counts as 'work', or if you are concerned you may have inadvertently breached the condition, contact a registered migration agent or the Department for clarification before continuing.