Work Permit

Conditions for Working While Studying Applicants holding a subclass 576 – AusAID or Defence sector visa must submit evidence from their education provider that the student has commenced their study or training to be able to apply for Permission to Work. Defence students and family members must provide a written statement from Defence supporting the grant of the visa. If you are granted permission to work, there are restrictions on the number of hours you can work. The table below outlines the work entitlements for you and your dependant family members if you are granted permission to work. Type of Applicant Students granted permission to work

Work Entitlement You can work a maximum of 20 hours per week during the term and unlimited hours when your course is not in session. Notes:

•

Work that is a formal registered part of your course is not included in the limit of 20 hours per week.

•

If you are doing voluntary or unpaid work you must apply for permission to work. It is included in the limit of 20 hours per week.

Dependant family members granted permission to work

You can work a maximum of 20 hours per week throughout the year. Exceptions: Family members of the following students can apply to work unlimited hours once the student starts their main course: • •

•

students studying in Masters by coursework (visa 573) students studying in Masters by research or Doctoral degree (visa 574) students sponsored by AusAID or Defence

and studying in Masters by coursework, Masters by research or Doctoral degree (visa 576). Important: You must also comply with the State and Territory laws of Australia. Under all State and Territory laws, you cannot work during school hours if you are under the school leaving age, which in most states is 15 years of age.

When is your course in session? The department considers your course to be 'in session': •

for the duration of the advertised semesters (including periods when exams are being held)

•

if you have completed your studies and your Confirmation of Enrolment is still in effect

•

if you are undertaking another course, during a break from your main course and the points will be credited to your main course. See: How to apply for permission to work Research students You can work unlimited hours if you are a PhD student and your education provider wants you to remain in Australia while your postgraduate thesis is being marked. Example: If your Confirmation of Enrolment is in effect until 30 November 2006 and you submit your thesis in September 2006, your course is in session either:

•

up to 30 November 2006 or

•

until your education provider notifies the department of your early course completion.

Student Visa Conditions On this page

•

Mandatory Conditions

•

Discretionary Conditions

Mandatory Conditions The following table describes the mandatory conditions that are attached to all student visas in the following subclasses. No.

Subclasses

Description

8101 All

You cannot work in Australia. Note: you may apply for a new student visa with permission to work once you have arrived in Australia and commenced your course. See: Working While Studying

8202 All

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 All

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 All

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 All

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

8532 All (except 576)

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 All

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 • 570 • 572 • 573 • 574 • 575

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

Assessment Level 3 and 4 applicants only, where the • course duration is 10 months or less. •

8535 576

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. 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.

Discretionary Conditions The following table describes the discretionary conditions relating to each subclass that may be attached to a student visa. No. Subclasses 8105 All

You cannot work more than 20 hours a 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.

•

This condition cannot be granted with an initial Student visa.

8203 • 573 • 574 •

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

576

8204 • 570 • 571 • 572 •

Description

575

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 All

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 All

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

8534 All (except 576)

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 All (except 576)

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.

Extending Your Stay You may want to extend your stay in Australia for further study, graduation, a holiday, work or migration.

Reasons for extending your stay You can only extend your stay in Australia if you do not have a 'No Further Stay' condition on your current student visa. The following table outlines your visa options to extend your stay in Australia. Reasons for Extending Continue your studies

Visa Options Apply for a new student visa. See: Visa Options

To have your PhD thesis assessed Attend your Apply for a visitor visa. graduation ceremony See: Visitors Have a holiday For work

Apply for a work visa See: Workers

Permanent residence Apply to become a permanent resident under in Australia the General Skilled Migration program. See: Workers

Changing courses

If you want to change to a new course at the same level of qualification, you do not need to apply for a new student visa unless your current visa is about to expire. Important: If your new course will be with a different education provider, read the information below regarding changing education providers.

Changing level of qualification If you want to change your level of qualification, you will need to apply for a new student visa because your visa subclass will change. Example: You want to change from a Diploma to a PhD degree. See: Visa Options

Changing education provider From 1 July 2007 the 'no change of provider' condition (8206), which restricted student visa holders from changing education provider within the first 12 months of their main course of study ceased to have effect. Although the condition will still appear on the visa labels of students who were granted visas prior to 1 July 2007, as the condition has no effect, students are no longer required to lodge an application with the department to change education provider. If you are intending to change education provider you should contact your current education provider for information. In most circumstances the new education provider will be restricted from enrolling you if you have not completed 6 months of the main course of study for which your visa was granted. If you want to change provider before completing the first six months of your main course of study you must contact your current education provider for permission. If you want to change your level of qualification, you will need to apply for a new student visa because your visa subclass will change. Example: You want to change from a Diploma to a PhD degree. See: Visa Options

Changes to the Migration Regulations relating to student visa holders changing education providers (63KB PDF file)

Notify the department that you have changed provider If you change your education provider at any time you must contact the department and provide a Confirmation of Enrolment certificate from your new education provider. See: Contact Us - Student Visa Enquiries