Student visa work rights in 2026: key points
- You cannot start work until your course has started.
- During study periods you can work up to 48 hours per fortnight (condition 8105). There is no limit during scheduled course breaks.
- Masters by research and doctoral students can work unlimited hours once their course has started.
- Family members can work up to 48 hours per fortnight (condition 8104), or unlimited hours if the student is doing a masters or doctorate.
- Working more than your limit can lead to your visa being cancelled. New student visa rules also apply from 2 October 2026: see student visa changes from 2 October 2026.
WORK RIGHTS ON A STUDENT VISA
8105 condition (work rights) states that the holder must not engage in any work in Australia before the holder’s course of study commences.
From 1 July 2023, work restrictions for student visa holders were re-introduced at 48 hours per fortnight.
Student visa work restrictions were relaxed throughout the pandemic, and completely removed in January 2022 to allow primary and secondary student visa holders to work over their normal limit of 40 hours per fortnight to address workforce shortages.
The Australian Government has announced that student visa holders already working in the aged care sector on 9 May 2023 could continue to work unrestricted hours in the aged care sector until 31 December 2023.
From 1 July 2023, work restrictions for all other student visa holders were re-introduced and capped at the increased rate of 48 hours per fortnight. This ensures that student visa holders are able to focus on obtaining a quality Australian education and qualification, while remaining able to support themselves financially, gain valuable work experience, and contribute to Australia’s workforce needs.
Related: Temporary relaxation of working hours for student visa holders
However you can work full time when:
(a) to work that was specified as a requirement of the course when the course particulars were entered in the Commonwealth Register of Institutions and Courses for Overseas Students; and
(b) in relation to a student visa granted in relation to a masters degree by research or doctoral degree if the holder has commenced the masters degree by research or doctoral degree.
fortnight means the period of 14 days commencing on a Monday.
An example of how 48 hours a fortnight is calculated: After their course has commenced, a student visa
holder works the following numbers of hours over a four week period:
- week one – 15 hours work
- week two – 25 hours work
- week three – 25 hours work
- week four – 10 hours work.
In the above example, the total hours worked in week two and week three is 50 hours, which is more than 48 hours. This means the student is non-compliant with the work limitation and may be subject to visa cancellation.
Student visa work hour restrictions
| Student type | When course is in session | When course isn’t in session |
|---|---|---|
| Coursework students who have started their degree | 48 hours per fortnight | Unlimited hours |
| Research students who have started their degree | Unlimited hours | N/A |
| AusAwards or Defence students | 48 hours per fortnight | Unlimited hours |
SECONDARY APPLICANTS ON STUDENT VISAS: WORK HOURS
Your partner can work unlimited hours if you are studying a masters degree (by coursework or research) or a doctoral degree, as condition 8104 covers both masters by research and coursework, even though 8105, which is for the MAIN applicant, only allows unlimited work for masters by research or doctoral students. Otherwise, your partner can work up to 48 hours per fortnight.
8104 (all family members)
| Condition number | Who this applies to | Description |
|---|---|---|
8104 |
All family member visa holders | You cannot work more than 48 hours per fortnight. A fortnight means the period of 14 days starting on a Monday. You must not start work until the primary student visa holder has started their course. Exceptions – family members of the following students can work unlimited hours once the primary student visa holder has started their course:
|
Condition 8104 limits visa holders, other than family members of students studying a masters or a doctorate degree, to working no more than 48 hours a fortnight. A fortnight means the period of 14 days starting on a Monday.
Due to workforce shortages, the Government temporarily removed the limit on working hours for student and secondary training visa holders. This temporary measure applied to all sectors of the economy and ended on 30 June 2023.
Until 30 June 2023, members of the family unit of a primary student visa holder could find and start work prior to the student’s course commencement. Family members must now wait until the primary student visa holder has started their course.
From 1 July 2023, the number of hours student visa and secondary training visa holders are allowed to work was capped again at 48 hours per fortnight.
Temporary relaxation of working hours for student visa holders
Update: The temporary COVID-19 relaxation described below has ended. Since 1 July 2023, the work limit of 48 hours per fortnight applies again (see above). This section is kept for reference only.
COVID-19 relaxation of student work hours (2020 to 30 June 2023, historical)
Due to exceptional circumstances during the COVID-19 pandemic and the need to ensure the supply of critical services, the Department of Home Affairs and Australian Border Force took a flexible approach to student visa holders working beyond their usual work limitations, but only in specified industries.
Related: Temporary relaxation of working hours for student visa holders
NDIS providers
There is no requirement for NDIS providers to register with the Department of Home Affairs. These providers should see the letter provided to them by the NDIS Commission for further details. See a list of NDIS providers.
Employers
Employers must continue to follow Australian workplace law. Overseas workers, including international students, have the same rights under Australian workplace law as all other employees.
These temporary measures will be reviewed by the government regularly. Employers will be advised when these measures no longer apply.
While these measures are in place, the Department of Home Affairs and Australian Border Force will:
- exercise their discretion under s116(1)(b) of the Migration Act 1958 to not cancel the visas of students who work in excess of 40 hours each fortnight to support your organisation
- not refer student visa holders for investigation of any potential offence under s235 of the Migration Act 1958 that might relate to the hours worked by a student visa holder in breach of their visa conditions
- not refer you or relevant third-party labour hire companies, as an employer, for investigation of any potential offence under s245AC of the Migration Act 1958 that might relate to allowing a student visa holder to work in breach of their visa conditions.
Student visa holders
Student visa holders do not need to apply for this temporary measure. You should contact your employer.
Student visa work rights FAQs
How are the 48 hours per fortnight counted?
A fortnight is any 14 day period starting on a Monday. Every two consecutive weeks are checked, not just your pay periods, so add up each pair of weeks to make sure the total is 48 hours or less while your course is in session.
Can I work full time during holidays?
Yes. When your course is not in session, for example during the scheduled break between semesters, the 48 hour limit does not apply. It applies again as soon as the next study period starts.
Does work that is part of my course count towards the limit?
No. Work that is a registered part of your course, such as a required work placement listed on CRICOS, does not count towards the 48 hours.
What happens if I work more than 48 hours in a fortnight?
You breach condition 8105, and Home Affairs can cancel your student visa. A cancellation can make it hard to get another visa, so keep records of your hours and speak to a migration agent if you receive a notice.
Working in Australia after you graduate
If you’re interested in staying in Australia to work after you graduate, you’ll need to get a new working visa before your student visa expires. As a graduated international student you may be eligible for:
- The Post-Higher Education Work stream (formerly the Post-Study Work stream) of the Temporary Graduate Visa (subclass 485) if you have completed a Bachelor, Masters or Doctoral degree (since 1 July 2024 most applicants must be 35 or under).
- To submit an Expression of Interest through the Australian Government’s SkillSelect, seeking approval to stay in Australia as a professional worker.
- State and territory government nomination for skilled and business migration.
Reapply or Seek Review After a Visa Refusal?
ART Decisions Explained: Affirm, Set Aside or Remit
What Happens at an ART Hearing for a Visa Refusal
ART Time Limits for Visa Refusals: When the Deadline Starts and Why It Cannot Be Extended
Visa Refused in Australia: What Happens to Your Bridging Visa