Working rights for secondary applicants on student visas

December 14, 2015

Most student visa holders have condition 8105 applied to their visas.  Students are aware that this restricts the number of hours that they are permitted to work while their studies are in session.  They are also aware that these restrictions do not apply out of session under condition 8105.  However, many secondary visa holders mistakenly believe that they have the same work rights as the primary visa holder.  Secondary visa holders do not have condition 8105 attached to their visa, they have condition 8104.  Condition 8104 states:

 

Subject to subclauses (2) to (6), the holder must not engage in work for more than 40 hours a fortnight while the holder is in Australia.

 

Unlike condition 8105, this condition does not depend on whether or not the primary visa holder’s studies are in session.  The secondary visa holder will continue to be restricted to 40 hours of work a fortnight throughout the period of the visa.  Breach of this condition can have serious consequences, including cancellation of their visa and restrictions on their future rights to apply for a further visa.

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