Work Rights for Student Visa (Subclass 500) Holders and Their Dependants in Australia

Australia’s Student visa (subclass 500) allows international students to study full-time at recognised educational institutions, with provisions to work part-time during their stay. Work rights under this visa are designed to support the student's education and wellbeing, while also offering limited opportunities to gain experience and supplement living expenses.

This article outlines the legal working rights, limitations, entitlements, and compliance expectations for both primary (student) and secondary (dependent) visa holders.

🔍 Legal Basis for Work Rights

The Migration Regulations 1994 and the conditions attached to the subclass 500 visa provide the legislative foundation for work entitlements. These conditions are:

• Condition 8105 — for primary student visa holders

• Condition 8104 — for secondary visa holders (dependants)

Work rights are not automatically granted for all courses or at all times. They are tied to:

• The visa holder’s course type (ELICOS, VET, higher education, etc.)

• The course enrolment and commencement status

• Whether the dependant is attached to a student enrolled in a master’s or doctoral degree

🎓 Primary Student Visa Holders (Condition 8105)

✅ Permitted Work Hours

• During course sessions: Up to 48 hours per fortnight

• During scheduled course breaks: Unlimited hours

🔄 Definition of "Fortnight"

• A fortnight is defined as a 14-day period starting on a Monday.

📘 Example:

If a student works 10 hours in the first week of a fortnight and 38 hours in the second week, they are within the 48-hour limit.

🔔 Commencement Requirement

You must not work at all before your course has officially commenced, regardless of visa activation date or arrival.

📚 Volunteering and Unpaid Work

• Permitted only if the position is genuinely voluntary (i.e., not replacing a paid position)

• Must not violate 8105 if the role could be deemed work (e.g., commission-based "volunteering")

👨‍👩‍👧‍👦 Secondary Visa Holders (Dependants – Condition 8104)

Work rights vary significantly depending on the course level of the primary student.

🧑‍🎓 If the Student Is Studying Below a Master's Level (e.g., VET, Bachelor):

• Dependants may work up to 48 hours per fortnight after the student has started their course

🎓 If the Student Is Studying a Master’s by Coursework, Research, or a PhD:

• Dependants may work full-time, with no hour restrictions once the student begins the course

🔔 Key Trigger: Course Commencement

The unlimited work rights for dependants only activate after the primary student has commenced their master’s or doctoral program.

💼 Internships and Work Integrated Learning (WIL)

🎓 Students:

If work is a formal part of the course (e.g., placements or internships embedded in curriculum), then:

• Those hours do not count toward the 48-hour fortnightly limit

✅ Conditions:

• Must be mandatory and assessed

• Institution must provide documentation confirming course requirements

⚖️ Compliance and Monitoring

The Department of Home Affairs actively monitors visa holders through:

• Tax File Number (TFN) matching

• Superannuation contribution records

• Tip-offs and Fair Work Australia reports

🚫 Breach Consequences:

• Visa cancellation under s116(1)(b) of the Migration Act

• Exclusion periods for re-entry

• Impact on future visa applications

🏛️ Fair Work Protections

Student visa holders and their dependants are entitled to the same workplace rights as Australian workers under the Fair Work Act 2009.

💡 Minimum Entitlements Include:

• Minimum wage (currently $24.10/hour as of July 2025)

• Payslips

• Superannuation

• Leave where applicable

🆘 Exploitation

Exploited workers are encouraged to report employers without fear of visa cancellation, especially if reported via the Migrant Workers Taskforce or Fair Work Ombudsman.

👷‍♂️ Multiple Jobs and Gig Work

Working multiple jobs or participating in gig economy platforms like Uber, DoorDash, or Airtasker is permitted, as long as the cumulative hours across all jobs remain within the 48-hour fortnight limit (if applicable).

🗓️ Post-Study Work Rights

Upon completion of studies, subclass 500 visa holders may be eligible for:

• Temporary Graduate visa (subclass 485)

• Post-study work stream (up to 4 years for eligible higher education graduates)

• Extended regional work rights in designated regional areas

🚨 2022–2023 Temporary Changes (Now Ended)

During COVID-19 and in response to labour shortages:

• Work restrictions were temporarily lifted (unlimited hours allowed)

• These changes ended on 30 June 2023, and the 48-hour limit was reinstated on 1 July 2023

✅ Compliance Checklist

📎 Conclusion

While the subclass 500 visa offers valuable work rights for both students and their dependants, compliance with the hours limits, course requirements, and employer obligations is essential to avoid severe visa consequences. These work rights can enhance financial stability and employment experience—but they must be used within the framework of Australia’s immigration and labour laws.

If you're unsure about your exact entitlements or compliance risks, consult with a migration agent or your institution’s international student office.

https://classic.austlii.edu.au/au/legis/cth/consol_reg/mr1994227/sch8.html?utm_source