Your Student Visa Obligations

Visa Conditions

If you are granted a visa, you must obey all the conditions of your visa. Failure to comply with these conditions could result in the cancellation of your visa.  These conditions include (but are not limited to):

  • Completing the course within the duration specific in your CoE
  • Maintaining satisfactory academic progress
  • Maintaining  approved Overseas Student Health Cover (OSHC) while in Australia
  • Remaining with the principal education provider for 6 calendar months, unless issued a letter of release from the provider to attend another institution
  • Notifying Elite English Institute of your Australian address and any subsequent changes of address within 7 days.

Each visa condition has a number that will be written on your student visa. The table below provides a full list of mandatory and discretionary student visa conditions.

The following table describes the mandatory conditions that are attached to all Student visas in the following subclasses. ‘Mandatory’ means that you must follow these conditions

Mandatory Conditions

No. Subclasses of visa Description
8105 AllMandatory only where Student visa granted on or after 26 April 2008

Discretionary where Student visa granted before 26 April 2008

You cannot work more than 40 hours per fortnight 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.You cannot undertake work until you have commenced your course in Australia.*A week begins on a Monday and ends on the following Sunday.
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
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 dependents who joined you Australia on a student dependent 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

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

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 further Student Guardian visa
    or
  • a visa to engage Australia’s obligations under the 1951 United Nations convention relating to the status of refugees.
8535 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.

Source: Department of Immigration and Border Protection

The next table describes the discretionary conditions relating to each subclass that may be attached to a Student visa. (‘Discretionary’ means that DIBP can decide to put one or more of conditions on your visa if they want to. It may depend on the country you come from, if you have been to Australia on a student visa before or your previous record while holding a student visa).

Discretionary Conditions

Subclasses Description
8101 All You cannot work in Australia.
Note: You may apply for a new Student visa with Permission to Work when you have arrived in Australia and commenced your course.
See: Working While Studying
8203
  • 573
  • 574
  • 576
You must not change your course, or your thesis or research topic, unless the department has granted approval.
8204
  • 570
  • 571
  • 572
  • 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.

(Source: Department of Immigration and Border Protection)

For more information on student visa conditions, visit the following link to the Department of Immigration and Border Protection:   Student Visa Conditions

 

 

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