Last updated: May 2026
Every Subclass 500 student visa issued by the Department of Home Affairs (DHA) comes with legally binding conditions printed on your visa grant notice. Three of them are the most commonly misunderstood and most frequently breached: condition 8105 (work limits), condition 8202 (study obligations), and condition 8501 (health insurance). Getting any one of them wrong puts your visa, your place in Australia, and your ability to return at serious risk.
This guide explains what each condition actually requires, where students most often slip up, and what happens if a breach is found.
What Are Visa Conditions and Why Do They Matter?
When DHA grants your visa, it attaches a list of numbered conditions under Schedule 8 of the Migration Regulations 1994. These appear on your visa grant notice as codes, and they bind you from the moment you enter Australia, whether or not you have read them.
Breaching any condition gives DHA grounds to cancel your visa under section 116(1) of the Migration Act 1958. Check your specific conditions any time through the Visa Entitlement Verification Online (VEVO) system at immi.homeaffairs.gov.au.
Condition 8105: Work Restrictions for Student Visa Holders
Condition 8105 sets the paid work limit for primary student visa holders. It is one of the most frequently breached conditions on a Subclass 500 visa, often because students miscount their hours across multiple jobs or misread when a course break officially begins.
The 48-Hour Fortnightly Cap
While your course is in session, you are limited to 48 hours of work per fortnight. A fortnight means any consecutive 14-day period. The cap applies to all jobs combined, including casual, part-time, and ABN contract work. This limit was increased from 40 hours to 48 hours in July 2023, per the Subclass 500 visa conditions on immi.homeaffairs.gov.au, and remains in force as of May 2026.
You cannot start any paid work before your course formally commences. Once an official course break begins, the cap lifts and you can work unlimited hours.
Who Is Exempt from the 48-Hour Limit?
Students enrolled in a Master by Research or Doctoral (PhD) degree are not subject to the 48-hour fortnightly cap. These students can work unlimited hours at any time, including when their course is in session. This exemption does not extend to coursework Masters degrees.
Work Rights for Family Members on a Student Visa
Secondary applicants (family members listed on your student visa) are covered by condition 8104, which imposes the same 48-hour fortnightly limit. They cannot start work until the primary student visa holder has formally commenced their course.
Condition 8202: Maintaining Your Enrolment and Academic Progress
Most students know they need to stay enrolled. What condition 8202 actually covers is broader than that. For Subclass 500 holders, it has three components running at the same time: maintaining full-time enrolment, staying at the correct Australian Qualifications Framework (AQF) level, and meeting the attendance and academic progress standards required under the Education Services for Overseas Students Act 2000 (ESOS Act).
The AQF Level Rule: Why Changing Courses Can Breach Your Visa
Your visa is granted for a course at a specific AQF level. Switching to a lower AQF level on the same visa is a breach of condition 8202, regardless of how your education provider handles the internal transfer.
A practical example: if your visa was granted for a Bachelor degree (AQF Level 7) and you transfer to a TAFE diploma (AQF Level 5), you are in breach and require a new student visa. If you are considering VET courses in Australia, always confirm with a migration agent whether your current visa covers the intended course level. Moving to a course at the same or higher AQF level is generally permitted, but you must obtain a new Confirmation of Enrolment (CoE) and update your records via ImmiAccount.
What “Satisfactory Attendance” Actually Means
Condition 8202 also requires satisfactory attendance and academic progress. Your education provider is legally required to monitor and report non-compliance to DHA through the PRISMS reporting system. Once a report is submitted, DHA issues a notice giving you an opportunity to respond before any cancellation decision is made. For answers to common course-related questions, visit our student visa and course FAQ.
Not sure whether a course change affects your visa? Get advice before you transfer. Book a consultation with RACC Indonesia.
Condition 8501: Maintaining Adequate Health Insurance
Condition 8501 requires you to maintain adequate health insurance for your entire stay in Australia. For Subclass 500 holders, the required product is Overseas Student Health Cover (OSHC), not Overseas Visitor Health Cover (OVHC), which is a different product designed for other visa types.
OSHC must cover you and all secondary applicants listed on your visa, with no gaps at any point. The breach we see most often: a student extends their course by one semester but forgets to extend their OSHC at the same time. A gap of even a few weeks is a breach of condition 8501. Before you renew, confirm that your policy end date matches your visa validity period exactly.
What Happens If You Breach a Student Visa Condition?
Regardless of which condition is breached, the process DHA follows is the same under section 116(1) of the Migration Act 1958. DHA issues a Notice of Intention to Consider Cancellation (NOICC) and gives you approximately 28 days to respond. If your response is insufficient, your visa is cancelled. From that point: you become an unlawful non-citizen, a three-year re-entry ban applies under Public Interest Criterion (PIC) 4014, and you must declare the cancellation on every future Australian visa application worldwide.
Review rights exist through the Administrative Review Tribunal (ART), which replaced the Administrative Appeals Tribunal on 14 October 2024. Students who complete their course and want to stay on in Australia may also explore the Temporary Graduate Visa (Subclass 485), though any compliance issues on your student visa will need to be disclosed at that point.
| Condition | Common Breach | Consequence |
|---|---|---|
| 8105 | OSHC allowed to lapse at any point during the visa period | Visa cancellation under s.116(1) |
| 8202 | Switching to a lower AQF course; unsatisfactory attendance reported by provider | OSHC is allowed to lapse at any point during the visa period |
| 8501 | Visa cancellation following the ESOS Act report | Visa cancellation |
How RACC Indonesia Can Help You
Visa conditions are straightforward on paper. In practice, they catch students out during course changes, enrolment gaps, and employer disputes that happen fast. Our MARA-registered migration agents have guided many Indonesian students through exactly these situations, ideally before a NOICC arrives rather than after.
If you have received a cancellation notice, are unsure whether a course change complies with condition 8202, or want to check your OSHC timing before it becomes a problem, a consultation with our agents gives you clarity and a path forward.
Important: The information in this article is general in nature and does not constitute migration advice. For advice specific to your visa and circumstances, consult a registered migration agent (MARA).
Book a consultation with RACC Indonesia
Frequently Asked Questions (FAQ)
Can I work more than 48 hours per fortnight on an Australian student visa?
No. While your course is in session, condition 8105 limits you to 48 hours of work across any consecutive 14-day period, combining all jobs. Working even one hour over this limit in a single fortnight is a breach. DHA treats the cap strictly and can cancel your visa under section 116(1) of the Migration Act 1958.
Does the 48-hour work limit apply during university holidays?
No. During official course breaks, condition 8105 does not impose a work hour cap. You can work unlimited hours during these periods. The 48-hour limit only applies when your course is formally in session, as determined by your education provider’s academic calendar, not your personal schedule.
What does condition 8202 require me to do?
Condition 8202 requires you to remain enrolled full-time in a CRICOS-registered course at the same or higher AQF level as the course your visa was granted for. You must also maintain satisfactory attendance and academic progress, as monitored and reported by your provider under the ESOS Act 2000.
Can I change my course without affecting my student visa?
You can change to a course at the same or higher AQF level without a new visa, but you must update your Confirmation of Enrolment (CoE) in ImmiAccount. Switching to a lower AQF level requires a new student visa application before the transfer. For example, moving from a Bachelor degree (AQF 7) to a TAFE diploma (AQF 5) is a breach on the same visa.
What health insurance do I need for a student visa in Australia?
Condition 8501 requires Overseas Student Health Cover (OSHC), not Overseas Visitor Health Cover (OVHC). OSHC must cover you and all secondary applicants listed on your visa for the full duration of your stay, with no gaps. Your policy must align precisely with your visa validity dates.
What should I do if I receive a Notice of Intention to Consider Cancellation?
Act immediately. You typically have 28 days to respond, and an unanswered NOICC almost always results in visa cancellation. Contact a MARA-registered migration agent as soon as possible to prepare a substantive response and assess your review options through the Administrative Review Tribunal (ART) before the deadline passes.
