“Understanding Australian Visa Conditions for Studying and Working: Key Tips & Legal Risks”
Planning to study or work in Australia? It’s essential to understand the key visa conditions, validity periods, and potential legal issues you might face. Being well-informed can help you avoid serious consequences such as visa cancellation, deportation, or refusal of future applications. Let’s take a closer look at what you need to know.
1. What is an Australian visa for study or work?
A visa is an official permit issued by the Australian Department of Home Affairs that allows you to stay in Australia for a specific purpose and duration. Each visa comes with specific conditions — and breaching them can lead to serious consequences, including visa cancellation or being barred from returning to Australia.
Common types of student and work visas include:
- Student visa (subclass 500): For studying at CRICOS-registered institutions.
- Temporary Graduate visa (subclass 485): Allows international students to stay and work after graduation.
- Skilled visas (subclass 189, 190, 491): For skilled workers eligible for permanent or temporary residency.
- Employer-sponsored visas (subclass 482, 186): For those nominated by an Australian business.
2. Important visa conditions to be aware of
Visa conditions you must follow:
When granted a visa, make sure to review all conditions listed in your visa grant letter or through your VEVO account. Common conditions include:
- Condition 8105: Work limit of 48 hours per fortnight during course sessions (applies to subclass 500).
- Condition 8202: Must remain enrolled in a full-time registered course and maintain satisfactory academic progress.
- Condition 8501: Must hold valid Overseas Student Health Cover (OSHC) throughout your stay.
- Condition 8516: You must continue to meet the conditions under which your visa was granted at all times.
Key dates to track:
- Visa expiry date: You must leave Australia or apply for a new visa before this date.
- Visa start date: You can only enter Australia from this date onward.
- Permitted stay period: Some visas allow you to remain in Australia for a limited time after completing your course (e.g., subclass 500 visas for courses over 10 months typically allow a 2-month stay post-study).
Note: Overstaying your visa may result in being classified as an unlawful non-citizen and subject to legal action.
3. Common visa breaches and legal risks
Working beyond permitted hours
Since 1 July 2023, international students are limited to 48 hours of work per fortnight during active study periods (Condition 8105). Breaching this may result in:
- Immediate visa cancellation;
- Long-term impact on future visa applications.
Examples of breaches:
- Working more than allowed hours;
- Not reporting work hours accurately to employers or the ATO.
Failing to maintain academic enrolment
Under Condition 8202, students must:
- Stay enrolled in a registered course;
- Attend and participate in studies;
- Avoid failing subjects or withdrawing from courses without approval;
- Follow proper procedures if transferring schools (usually after completing six months of the main course).
Breaching any of these can lead to:
- Being reported to the Department of Home Affairs by your education provider;
- Visa cancellation if not addressed quickly.
Not maintaining OSHC coverage
All student visa holders must have continuous Overseas Student Health Cover (OSHC), as required by Condition 8501.
Risks of non-compliance include:
- Gaps in your OSHC policy;
- Cancelling your OSHC mid-stay;
- Not purchasing OSHC immediately after your visa is granted.
Failure to maintain OSHC can result in visa cancellation without prior notice.
Overstaying your visa
Staying in Australia beyond your visa expiry date, even for a few days, may lead to:
- Becoming an unlawful non-citizen;
- Immigration detention, removal from Australia;
- A 3-year re-entry ban under the re-entry ban rule.
4. Tips to stay compliant and protect your visa
- Always review your visa conditions carefully upon grant.
- Apply for visa renewal or a new visa before your current visa expires.
- Stay in regular contact with your school, migration agent, or immigration lawyer.
- Keep all relevant documents (study records, payslips, OSHC certificates) well organised.
Many visa breaches occur unintentionally — due to lack of knowledge or assumptions. However, the consequences can be serious and long-lasting. Staying informed and connected with trusted support services is the best way to safeguard your visa and your future in Australia.
>> Need help checking your visa status, applying for a visa extension, or switching visa types?
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