Condition 8105: The 48 Hours Per Fortnight Work Limit

Australia is one of the most popular destinations for international students, and one of the key attractions is the ability to work part-time while studying. But that right comes with a strict limit: Condition 8105.

What Is Condition 8105?

Condition 8105 restricts the number of hours a student visa holder can work. The current rule, effective from 1 July 2023, states:

The holder must not work more than 48 hours per fortnight while the holder's course of study is in session.

Before July 2023, the limit was 40 hours per fortnight. During the COVID-19 pandemic (2020–2022), the limit was temporarily removed to address labour shortages.

How the 48-Hour Limit Works

What Is a "Fortnight"?

A fortnight is 14 consecutive days. The Department calculates this as a rolling window; they can look at any 14-day period, not just fixed pay cycles.

If you work for multiple employers, you need to track your combined total across all jobs within any 14-day window.

What Counts as "Work"?

The definition is broad:

⚠️ If you do unpaid work for a business where a paid employee would normally do that role, it counts toward your 48 hours.

When You Can Work More

During scheduled course breaks, there is no limit on working hours. This includes:

• University semester breaks (typically 4–6 weeks between semesters)
• End-of-year breaks (typically December–February)
• Any formal break published in your institution's academic calendar

Important: Taking personal leave or deferring a semester does not count as a scheduled break.

Excluded Work

1. Course-related work placements: if your course requires practical experience as a mandatory component (nursing clinical placements, teaching practicums), those hours don't count. The placement must be part of your CRICOS-approved course.
2. Genuine volunteer work: truly unpaid work for a registered charity where you receive no material benefit is excluded.

Worked Example: Why the Rolling Fortnight Catches People Out

This is the part most students get wrong. The Department does not check your pay cycle. It can pick any 14 consecutive days and count the hours inside them.

Consider Ana, who works these shifts:

By her employer's fortnightly pay cycle (weeks 1 and 2, then weeks 3 and 4) Ana works 48 hours in each period. She is exactly at the limit and believes she is compliant.

Now count the fortnight that runs from the start of week 2 to the end of week 3: 20 + 28 = 48 hours. Still fine.

But shift the window by two days and the picture changes. Count from Wednesday of week 2 through Tuesday of week 3 and Ana picks up the back half of week 2, all of the weekend, and the front of week 3. Any 14-day slice that catches two of her heavy weekends pushes her over 48.

The safe way to count: each time you accept a shift, add it to the hours you have already worked in the previous 13 days. If that total goes above 48, you are in breach on that day, no matter what your payslip says.

A Simple Self-Check

1. List every shift with its date and hours, across all employers
2. For today, add up all hours from the last 14 days including today
3. Repeat for each day you are scheduled to work
4. If any single 14-day total exceeds 48, move or decline a shift

Keeping this in a spreadsheet takes a minute a week and is the only record you will have if the Department ever asks.

How the Department Monitors Compliance

• ATO data sharing: your employer reports income and hours to the ATO, and the Department can access this
• Single Touch Payroll (STP): most employers report payroll data to the ATO in real time since 2019
• Tip-offs and audits: the Department investigates complaints
• Visa compliance checks: random or targeted checks

Consequences of Breaching Condition 8105

Practical Tips

1. Track your hours: use a spreadsheet or app to log hours across all employers
2. Communicate with employers: let them know you have a 48-hour limit
3. Be cautious with gig economy work: Uber, DoorDash hours count and are harder to track
4. Plan ahead for course breaks: save full-time work for formal breaks
5. Know your rights: international students have the same workplace rights as Australian workers. Report exploitation to the Fair Work Ombudsman

Official Resources

• Visa Condition 8105: Department of Home Affairs
• Working on a student visa: Home Affairs
• Fair Work Ombudsman: International students
• VEVO: Check visa conditions

⚠️ Disclaimer: This article is for general informational purposes only and does not constitute legal or migration advice. Always verify with the Department of Home Affairs or a registered migration agent.