Student Visas in Australia (2026 Legal Guide) — Rules & Requirements
About this article
Sourced from Commonwealth Acts of Parliament, federal regulations, and official government guidance. State-level information reflects each state's own Acts and court decisions. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
The Student Visa (subclass 500) lets you study full-time at a registered Australian institution. The course has to be registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) — that's the gate.
Student visa holders can work up to 48 hours per fortnight while the course is in session. During scheduled course breaks, there's no work-hour limit. If you're studying a masters by research or doctoral degree, no work-hour limit applies at any point.
The conditions to watch are 8202 (remain enrolled and progress satisfactorily) and 8105 (the work limit). You must also maintain Overseas Student Health Cover (OSHC) for your entire stay. Your education provider is required to report breaches to the Department of Home Affairs under the ESOS Act — they don't have a choice.
The financial test bites at application: you have to show enough money to cover tuition, living costs, and travel. The Department publishes a minimum annual living-cost figure that updates over time.
When does it apply?
- You have been accepted into a full-time course at a CRICOS-registered institution in Australia.
- You have a valid Confirmation of Enrolment (CoE) from your education provider.
- You can demonstrate sufficient funds for tuition, living expenses, and return travel.
- You meet English language requirements and the Genuine Student test.
What to Do If You May Have Breached Your Student Visa Conditions in Australia
- Apply online through ImmiAccount on the Department of Home Affairs website.
- Maintain your enrolment and attend classes — your provider must report non-compliance to the Department.
- Track your work hours carefully — the 48-hour per fortnight limit is strictly enforced during term time.
- Keep your OSHC active for the entire duration of your visa — letting it lapse can result in visa cancellation.
- Notify the Department if you change your address, course, or provider within 7 days.
What should you NOT do?
- Don't exceed the 48-hour work limit per fortnight during term — this is a visa breach that can lead to cancellation.
- Don't drop below a full-time study load without getting written approval from your provider first.
- Don't let your OSHC expire — gaps in health cover can result in visa cancellation.
- Don't assume you can change courses freely — switching providers in the first 6 months requires a release letter from your current provider.
About Immigration Rights in Australia
If you're a non-citizen in Australia, you must hold a valid visa under the Migration Act 1958 — if it lapses or is cancelled, you can be detained. The 2023 High Court ruling in NZYQ limited indefinite detention to genuine removal purposes. Refugee claims go through the Protection visa (subclass 866). The Administrative Review Tribunal (which replaced the AAT in 2024) reviews most visa refusals and cancellations. Citizenship runs through the Australian Citizenship Act 2007.
Common Questions
What is the student visas right in Australia?
The Student Visa (subclass 500) lets you study full-time at a registered Australian institution. The course has to be registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) — that's the gate.Student visa holders can work up to 48 hours per fortnight while the course is in session. During scheduled course breaks, there's no work-hour limit. If you're studying a masters by research or doctoral degree, no work-hour limit applies at any point.The conditions to watch are 8202 (remain enrolled and progress satisfactorily) and 8105 (the work limit). You...
When does student visas apply?
You have been accepted into a full-time course at a CRICOS-registered institution in Australia.You have a valid Confirmation of Enrolment (CoE) from your education provider.You can demonstrate sufficient funds for tuition, living expenses, and return travel.You meet English language requirements and the Genuine Student test.
What should I do if I accidentally worked more than 48 hours per fortnight on my Australian student visa?
Apply online through ImmiAccount on the Department of Home Affairs website.Maintain your enrolment and attend classes — your provider must report non-compliance to the Department.Track your work hours carefully — the 48-hour per fortnight limit is strictly enforced during term time.Keep your OSHC active for the entire duration of your visa — letting it lapse can result in visa cancellation.Notify the Department if you change your address, course, or provider within 7 days.
What mistakes should I avoid with student visas?
Don't exceed the 48-hour work limit per fortnight during term — this is a visa breach that can lead to cancellation.Don't drop below a full-time study load without getting written approval from your provider first.Don't let your OSHC expire — gaps in health cover can result in visa cancellation.Don't assume you can change courses freely — switching providers in the first 6 months requires a release letter from your current provider.