New permission to work arrangement for student visa holders

What is the new arrangement? Why was it introduced?

People granted student visas on or after 26 April 2008 will receive permission to work with their visa grant. This will apply to both the primary student and any family members travelling with them on their student visa. As a result, most student visa holders will no longer need to apply separately in Australia for permission to work. The new arrangement will save student visa holders time and money.

Does it change when I can work, and the hours I can work?

No. Work rights for student visa holders haven’t changed. Students are still not allowed to work until they have started their course and the hours they can work have not changed. They can work up to 20 hours a week while their course is in session (excluding any work undertaken as a registered component of their course of study or training) and they can work unlimited hours during scheduled course breaks. Family members of students are not allowed to work until the student begins their course. They are allowed to work up to 20 hours per week at all times. Family members of students who have started a masters or doctorate course may work unlimited hours.

Have student visa application charges changed?

Yes. Previously most student visa holders paid a total of $490 – an initial $430 for their visa application and $60 in Australia for the separate permission to work. Now student visa holders will pay only one charge of $450 for the combined visa application and permission to work.

I need to lodge a new student visa application but already have work rights. Will I have to pay the new $450 visa application charge?

Yes. All people who apply for a student visa on or after 26 April 2008 will pay the new $450 charge.


I was granted my student visa before 26 April 2008 and haven’t yet applied for work rights. How can I get permission to work?

People granted student visas before 26 April 2008 can still apply separately for permission to work. To find out more go to http://www.immi.gov.au/students/students/working_while_studying/how-to-apply.htm

Do I need a visa label to show my employer my work entitlements?

No. Your visa information is held electronically and you can access it at any time using the Visa Entitlement Verification Online (VEVO) system. Employers, banks and government services can also check details about your visa entitlements on VEVO once they have your consent to do so. For information on how to access VEVO go to www.immi.gov.au/e_visa/evo.htm

I was granted a student visa outside Australia after 26 April 2008. My visa label still shows Condition 8101 – Do I need to get a new visa label?

No, you do not need to get a new visa label. Your visa information is held electronically and you can access it at any time using the Visa Entitlement Verification Online (VEVO) system. For information on how to access VEVO go to www.immi.gov.au/e_visa/evo.htm

Junaid

Migration Agent Registration Number: 0964018

Various Visa conditions

The following post describes various conditions which can be imposed on your student visa. You must know what visa conditions are on your student visa and what their implications are.

Most of the conditions explained in the post are on student visas. Conditions imposed on the family members accompanying students are also listed in the post.

8105

• You cannot work more than 20 hours per week* when your course is in session (other than work which has been registered as a part of the course).
• Note: No work limits apply during recognised periods of vacation offered by your education provider.
• You cannot undertake work until you have commenced your course in Australia.
• *A week begins on a Monday and ends on the following Sunday.
  

8202

• You must remain enrolled in a registered course (unless you are an AusAID/Defence student or secondary exchange student in which case you must maintain full-time enrolment in your course of study or training).
• Note: a registered course is one that is on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS).
• See: CRICOS website
• You must maintain satisfactory attendance in your course and course progress for each study period as required by your education provider.
  

8501

• You must maintain adequate arrangements for health insurance during your stay in Australia.
• Note: Under policy, this means that you must maintain Overseas Student Health Cover (OSHC).
  

8516

• You must continue to satisfy the requirements for grant of your student visa. This means, for example, that your main course of study must continue to be a course in the education sector that matches your student visa, and that you must continue to have sufficient financial capacity to support your study and stay in Australia.
  

8517

• You must maintain adequate schooling arrangements for your school-age dependents who joined you Australia on a student dependent visa for more than 3 months.
  

8532

If you have not turned 18 you must maintain adequate arrangements for your accommodation, support and general welfare for the duration of your stay in Australia.

To maintain adequate arrangements for welfare you must stay in Australia with:

• your parent or legal custodian
  or
• a relative who has been nominated by your parents or custodians who is aged over 21 and is of good character
  or
• accommodation, support and general welfare arrangements that have been approved by your education provider.

Note: You must not change those arrangements without the written approval of your education provider.

If your welfare arrangements are approved by your education provider you must not travel to Australia until your welfare arrangements are due to commence.

8533

• You must notify your education provider of your residential address in Australia within 7 days of arriving in Australia. You must notify your education provider of any change in your residential address within 7 days of the change. You must notify your education provider of a change of education provider within 7 days of receiving the electronic Confirmation of Enrolment certificate or evidence of enrolment.

8534

You are not entitled to be granted a further substantive visa, other than:

• a Student visa with Permission to Work
  Note: if you apply for and are granted Permission to Work, this will change only the work conditions on your Student visa, all other conditions will remain the same including 8534
• a further Student Guardian visa
  or
• a visa to engage Australia's obligations under the 1951 United Nations convention relating to the status of refugees.
  

8535

You are not entitled to be granted a further substantive visa, other than:

• a Student visa with permission to work
  Note: if you apply for and are granted permission to work, this will change only the work conditions on your Student visa, all other conditions will remain the same including 8535
• a Student visa that is supported by the sponsoring government agency
  or
• a visa to engage Australia's obligations under the 1951 United Nations convention relating to the status of refugees.

Note: The effect of this visa condition is that, except in extremely limited circumstances, it will not be possible for you to remain in Australia beyond the date authorised by your visa.

8101

• You cannot work in Australia.
  Note: You may apply for a new Student visa with Permission to Work when you have arrived in Australia and commenced your course.
  See: Working While Studying
  

8203

• You must not change your course, or your thesis or research topic, unless the department has granted approval.
  

8204

You must not undertake or change a course, or a thesis or research topic for a:

• graduate certificate
• graduate diploma
• masters degree
• doctorate
  or
• a bridging course required as a prerequisite to a course of study or research for a master degree or a doctorate. Unless the department has granted approval.
  

8303

• You must not become involved in any activities that are disruptive to, or in violence threaten harm to, the Australian community or a group within the Australian community.
  

8523

• Your family unit members must not leave Australia later than you.

8534

You are not entitled to be granted a further substantive visa, other than:

• a Student visa with Permission to Work
  Note: if you apply for and are granted Permission to Work, this will change only the work conditions on your student visa, all other conditions will remain the same including 8534
• a Graduate-Skilled (subclass 497) visa
• a further Student Guardian visa
  or
• a visa to engage Australia's obligations under the 1951 United Nations convention relating to the status of refugees.

Note: The effect of this visa condition is that, except in extremely limited circumstances, it will not be possible for you to remain in Australia beyond the date authorised by your visa.

8535

You are not entitled to be granted a further substantive visa, other than:

• a Student visa with permission to work
  Note: if you apply for and are granted permission to work, this will change only the work conditions on your student visa, all other conditions will remain the same including 8535
• a Student visa that is supported by the sponsoring government agency
  or
• a visa to engage Australia's obligations under the 1951 United Nations convention relating to the status of refugees.

Note: The effect of this visa condition is that, except in extremely limited circumstances, it will not be possible for you to remain in Australia beyond the date authorised by your visa.

Junaid

Migration Agent Registration Number: 0964018

“NO Further Stay”

If you have been granted a visa with the condition "No further stay on it", then this article is for you to read.

Some times, when you are granted an Australian visa, whether it is student or visitor, a special condition called “No further stay, 8503” is imposed on your visa.

It depends upon case to case basis and the visa officer granting the visa. Just in case your visa carries the 8503 restriction, then you should know what your options are as you are in a little bit of trouble.


First of All: How to check if condition 8503 has been imposed on your visa:

If condition 8503 has been imposed on your visa, you will see the code '8503' listed under the conditions on the visa label in your passport. If you don't have a visa label in your passport there will be information in your grant letter advising that condition 8503 has been imposed on your visa.

What are the implications of condition 8503?

If condition 8503 has been imposed on your visa, it means you cannot apply for another visa or ask for your visa to be extended while you are in Australia. Once you depart Australia, condition 8503 will not prevent you from applying for other visas.

Please read the following document for more information

Australian Immigration department: No Further Stay 8503

Junaid

Migration Agent Registration Number: 0964018