Visa condition 8105 and 8104: work limits for employers

Visa condition 8105 is the work limitation on most Student visas: the student can't work until their course starts, then can work up to 48 hours a fortnight while the course is in session (as at October 2026). Condition 8104 is the matching limit for the student's family members. If you employ either, you're responsible for not rostering them past those limits, and for being able to show you checked.

This guide is written for the employer, not the student. It covers what each condition means, how to count a fortnight, what to keep on file and what happens if hours go over.

This is general information, not migration or legal advice. Visa rules change often. Check the current position with the Department of Home Affairs before you rely on it.

What condition 8105 means

Condition 8105 is the "work limitation" condition for the primary Student visa holder (subclass 500, and some older student subclasses). According to Home Affairs, as at October 2026:

• Before the course starts: no work at all.
• While the course is in session: up to 48 hours a fortnight.
• When the course is not in session (scheduled breaks between terms or semesters): unlimited hours.
• Master's by research or doctoral students: no hour limit once their course has started.

Home Affairs suggests employers ask for evidence that the student has started their course, such as a Confirmation of Enrolment or a letter from the education provider. Keep a copy on the worker's file.

A note on older pages: the limit was 40 hours a fortnight before 1 July 2023, and some government help pages and many third-party sites still say 40. The Student visa page says 48 as at October 2026.

What condition 8104 means (family members)

Condition 8104 usually applies to the family members of a student: a partner or dependent child who came on the student's visa application. As at October 2026, Home Affairs says:

• Family members can't work until the student has started their course.
• They can work up to 48 hours a fortnight.
• When the student's course is not in session, the student can work unlimited hours, but family members still have limited work rights. Don't assume the course-break rule carries over to them.
• If the student is doing a master's by research or doctorate, family members have no hour limit. If the student is doing a master's by coursework (or a master's Extended), family members can also work more than 48 hours a fortnight.

For family members, Home Affairs suggests you ask for evidence of the relationship (such as the visa grant letter, a marriage or birth certificate) and evidence the student has started their course.

One change to watch: from 2 October 2026, most new Student visa applicants can no longer include family members. Existing family members on earlier applications keep their visas, so you will still see 8104 for a while.

What counts as work

For visa purposes, "work" is broadly any activity that would normally be paid. That includes casual shifts, trial shifts, cash jobs and gig work for another business. If a student has a second job, those hours count towards the same 48.

A few things are treated differently under Home Affairs guidance:

• Work that's a registered part of the course, such as a required placement, doesn't count towards the limit.
• Genuine volunteer work for a non-profit organisation, where the person receives no payment in cash or kind and the role wouldn't otherwise be filled by a paid worker, generally falls outside the limit.

If you're unsure whether something counts, treat it as work and count the hours.

How to count a fortnight

A fortnight is a period of 14 days starting on a Monday. The catch is that it rolls. Every Monday starts a new fortnight, so you need to check every pair of consecutive weeks, not just your pay periods.

Week	Hours rostered	Fortnight	Total	Within 48?
1	20	Weeks 1 + 2	45	Yes
2	25	Weeks 2 + 3	50	No
3	25	Weeks 3 + 4	40	Yes
4	15

Your pay cycle might line up with weeks 1+2 and 3+4 and look fine. Weeks 2+3 are still a fortnight, and that one is over.

Rostering tips

• Cap weekly hours at 24 during term if you want a simple rule that can never breach a rolling 48.
• Count all their jobs. Ask whether they work elsewhere, and note the answer.
• Record course break dates from the provider's academic calendar before you roster extra hours. Exams are part of the session, not a break.
• Treat family members (8104) separately. Their limit doesn't lift just because the student is on holidays.

How to see the condition on a VEVO result

Employers check visa conditions through VEVO (Visa Entitlement Verification Online), the free Home Affairs system. You register for an ImmiAccount, and the worker must give you permission to check. The result shows the visa class and subclass, grant and expiry dates, work entitlements and the conditions by number. Look for 8105 or 8104 in the conditions list and read the wording shown with it.

Our guide to running a VEVO check as an employer walks through it step by step.

Two habits help:

1. Check before the first shift, not after. Home Affairs says it's against the law to hire someone to do work that goes against their visa conditions.
2. Check again when something changes: a new visa, a visa nearing expiry, or the worker telling you their course has finished or changed.

Other common work conditions

You'll see other condition numbers on VEVO results too. Here are a few that come up for Australian employers, as described by Home Affairs as at October 2026.

Condition	What it means for you
8101	No work. The holder can't work in Australia.
8102	The holder can't work unless it relates to their study or training.
8104	Work limitation, usually for family members of a student.
8105	Work limitation for the primary student (48 hours a fortnight in session).
8547	Working Holiday Maker: no more than 6 months with one employer without permission, unless an exemption applies (for example plant and animal cultivation, or work in different locations).
8607	Temporary Skill Shortage (subclass 482): work only in the approved occupation, for the approved sponsor, and hold any licence or registration the job needs.

Always read the wording on the actual VEVO result. Condition text can differ by visa, and Home Affairs updates exemptions (the 8547 exemptions, for example, apply "until the Government makes further decisions").

Record keeping

If anyone asks whether a worker was cleared to work, you want the answer in one place, not in an inbox. For each worker on 8105 or 8104, keep:

• The VEVO result, with the date you ran it.
• Evidence the course has started (Confirmation of Enrolment or a provider letter).
• For 8104, evidence of the relationship to the student.
• Course break dates if you rostered more than 48 hours in a fortnight.
• Rosters and timesheets that show actual hours worked.
• Each re-check, and why you ran it.

What happens if a worker goes over the limit

Two sets of consequences apply.

For the worker: a breach of a visa condition can lead to their visa being cancelled. That's a serious outcome for the student and for you, because you lose the worker with no notice.

For the employer: Home Affairs says it is against the law to hire a non-citizen to do work that goes against their visa conditions, or to pressure someone to work more hours than their visa allows. Penalties under the Migration Act can include fines, being declared a prohibited employer, and criminal prosecution or civil penalties. Using a labour hire company doesn't remove your obligations. See Home Affairs' information for employers and labour hire organisations.

If you find a breach, stop rostering over the limit straight away, fix the roster, and get advice from a registered migration agent or lawyer about what else to do.

How Canyou handles this

Onboarding gets them into payroll. It doesn't keep them legal to work. That's the gap Canyou closes for businesses that employ student visa holders, from labour hire to agriculture and aged care.

• Visa details collected during onboarding. Add a Visa details task to your employee onboarding workflow and the worker fills it in on their phone.
• Work rights checked with the Department of Home Affairs. An admin runs the VEVO check from the worker's record in Canyou. The result shows visa status, class and subclass, expiry date, work entitlement and conditions such as 8105 or 8104. See completing a visa check.
• Notice before a visa expires. You choose how many days' notice you want, so you can check again in time.
• Every check kept on file. Past results stay on the worker's record as an audit trail. See visa check basics.

Canyou doesn't count rostered hours. Your rostering or payroll system still needs to keep each worker within their limit, but you'll know exactly who has a limit and when their visa runs out.

See how work-rights checks work. Then Try for free (plans are on the pricing page) or Book a demo.

Sources (checked 2 October 2026): Department of Home Affairs, Student visa (subclass 500); Home Affairs condition help text for 8105 and 8104; 6 month work limitation (8547); Check conditions online (VEVO); Study Australia, Student visa (subclass 500).