Semester 2 started in late July, shifts have been picked up, and the mid-semester break is coming. This is the exact window in which students in Brisbane accidentally breach their work condition, usually by counting hours the wrong way rather than by deliberately overworking. Condition 8105 is short, but it is counted in a specific way, and it has a carve-out most students misread. This guide explains how the 48 hours are counted, which breaks genuinely lift the limit, who the limit does not apply to, and what to do if you realise you have gone over.
Condition 8105 sits in Schedule 8 of the Migration Regulations 1994. It is a mandatory condition on Subclass 500 visas granted to applicants who satisfy the primary criteria, which is to say the student themselves.
The base rule caps work at 40 hours a fortnight during any fortnight when your course of study or training is in session. A separate subclause then lifts that figure for student visa holders specifically:
"If the visa held is a Subclass 500 (Student) visa, or a bridging visa granted on the basis of a valid application for a Subclass 500 (Student) visa, this clause applies as if the reference in subclause (1) to 40 hours were instead a reference to 48 hours." Migration Regulations 1994, Schedule 8, clause 8105(2A)
Two things follow immediately. First, if you are on a bridging visa granted on the basis of a valid Subclass 500 application, the same 48-hour figure applies to you. Second, the change applies to the work you do, not to when your visa was granted. The transitional provision in the same instrument applies the amendments to work engaged in on or after commencement, whether or not the visa was granted before that commencement.
There is also a rule about the period before your course begins. Under clause 8105(1A), you must not engage in any work in Australia before your course of study commences. Clause 8105(1B) carves out students who, at the time they applied, held a substantive or bridging visa that permitted them to work.
This is where most breaches happen. A fortnight under these conditions is not "any rolling two weeks", and it is not your employer's pay cycle.
The Regulations define it as the period of 14 days commencing on a Monday. So the fortnight runs Monday to the second following Sunday, on a fixed calendar, regardless of when your roster resets or when your pay lands.
Work through the consequence. Suppose you work 10 hours on Saturday and Sunday at the end of one fortnight, then 40 hours across the following Monday to Sunday. Across the two consecutive weekends, that feels like a reasonable spread. But if those days fall inside the same defined fortnight, you are at 50 hours, and you have breached. The same 50 hours arranged across the Monday boundary in the other direction may be entirely compliant.
Migration Regulations 1994, Schedule 8
The limit bites only during a fortnight when your course of study or training is in session. Outside those periods, there is no cap. The Department puts it plainly:
"From 1 July 2023, student visa holders can work no more than 48 hours a fortnight while studying. Student visa holders have no work restrictions when their course of study or training is not in session." Department of Home Affairs, released document FA 24/04/01158
The Explanatory Statement to the 2023 amending regulations describes the effect the same way: the holder may work up to 48 hours per fortnight during any fortnight when the course is in session.
The trap is assuming every gap in your timetable is a period when the course is not in session. It is not. A week with no scheduled classes, a reading week, a study break inside a teaching period, a stretch where you have finished assessments early, and a Wednesday with nothing timetabled are all ordinarily periods when your course is still in session. The scheduled holiday break between teaching periods is the clear case on the other side. If you are unsure where your provider draws the line, ask the provider in writing and keep the reply.
There are two genuine carve-outs, and both are narrower than the versions that circulate on campus.
Research degrees. The cap does not apply in relation to a student visa granted in relation to a master's degree by research or doctoral degree, once the holder has commenced that degree. Note the two limbs. It is by research, so a coursework masters is not covered, and it operates from commencement, so the period before your candidature starts is not covered either.
Work that is a requirement of the course. The statutory carve-out covers work that was specified as a requirement of the course when the course particulars were entered on the Commonwealth Register of Institutions and Courses for Overseas Students. That is a much tighter test than "anything my university calls a placement". A clinical placement or practicum built into the registered course particulars will generally fall inside it. An optional internship you arranged yourself, or paid work you happen to do in your field, will generally not.
Family members are on a different condition. Partners and dependants granted a Subclass 500 under the secondary criteria carry condition 8104, not 8105. Condition 8104 was lifted to the same 48-hour figure in 2023, and family members of students who have commenced a master's or doctoral degree are treated differently again. If you and your partner are both working, check both grant letters rather than assuming your conditions match.
Breaching a work condition is not a paperwork issue. Schedule 8 of the Regulations carries a note directing readers to sections 41 and 116 to 119 of the Migration Act 1958 on cancellation for breaches of conditions. Section 116(1) provides that the Minister may cancel a visa if satisfied that "its holder has not complied with a condition of the visa".
That is a discretionary power, not an automatic one, which matters. It means the circumstances of the breach, what you did about it, and what you can show, all carry weight. It also means that how you respond in the first fortnight is more important than the breach itself.
If you think you have gone over:
If your student visa is also approaching its end date, read our guide on what to do when your student visa is ending, because a condition issue and an expiry date arriving together narrows your options quickly. If you are still at the application stage, our guide to lodging a complete Subclass 500 application covers the groundwork.
To check the conditions actually attached to your own visa, use VEVO and your grant letter rather than relying on what a friend or a group chat says. Conditions differ between primary and secondary holders and between course types. You can see the full list of our services if you would like someone to review your position properly.
Work condition matters are time-sensitive, and the students who come out of them well are the ones who acted early with organised evidence. Migration Star is a Brisbane-based registered migration practice, and our principal agent Rohit Sharma holds MARA No. 1797395. We can review your rosters against the correct fortnight, tell you plainly whether there is a breach, and help you prepare a response if one is needed. Outcomes depend on individual circumstances and on meeting Department requirements, so the sensible first step is a conversation: book a session with us.
Free 15-minute Migration Eligibility Assessment: https://meetings-ap1.hubspot.com/rohit-sharma/15-mins-meeting
30-minute Migration Consultation (AUD $165): https://meetings-ap1.hubspot.com/rohit-sharma
Phone: 07 3519 5619; Office: Level 2, 8 Clunies Ross Court, Eight Mile Plains QLD 4113
Information current as at 20/08/2026. Migration Star is a registered migration practice. Principal agent Rohit Sharma, MARA No. 1797395. Migration outcomes depend on individual circumstances. Visa criteria may change. This article is general information only and does not constitute migration advice. For advice on your specific situation, book a consultation at migrationstar.com.au.
Migration Star | MARA No. 1797395 | migrationstar.com.au | 07 3519 5619