Student Visa — Protect Your Right to Study

Student visa holders must: remain enrolled in a registered course with an approved provider (under the ESOS Act 2000); maintain satisfactory attendance and academic progress; not work in excess of the permitted work hours; and notify the Department of changes to enrolment. Holders must also satisfy ongoing visa conditions regarding travel, and student visa holders generally cannot access social security. Any breach of these conditions can trigger a cancellation process.

Since July 2023, the Department has lifted the previous 40-hour per fortnight cap for student visa holders and replaced it with hours specified on the visa grant notice, which currently allows students to work up to 48 hours per fortnight while their course is in session. During official course breaks (such as semester holidays), there is no restriction on work hours. Students enrolled in Masters or Doctoral programs may have different conditions. Always check the actual conditions stated on your visa grant notice.

Student visa holders can change courses within the same education provider relatively freely, subject to maintaining the overall AQF level or higher than on the original CoE. Changing to a different education provider within the first six months of the principal course is restricted under the ESOS National Code — your current provider must release you. Changing to a lower AQF level course may require a new visa application. A migration lawyer can review whether a proposed change requires Departmental notification or a fresh visa.

The GTE criterion requires that a student genuinely intends to stay in Australia temporarily for the purpose of study, and that the course will provide genuine benefit to their future plans. Decision-makers consider the applicant's circumstances in their home country, immigration history, ties to their home country, potential immigration advantage from studying in Australia, and the value of the course relative to the applicant's background. Many student visa refusals involve a negative GTE assessment that a well-prepared personal statement could have addressed.

The Temporary Graduate visa (subclass 485) has two streams: the Graduate Work stream (for skilled occupations) and the Post-Study Work stream (for higher education graduates). The Post-Study Work stream grant period depends on the qualification level — typically 2–4 years, with additional extensions available for graduates from regional Australia or in designated fields. You must apply within 6 months of completing your course, hold a qualification from an Australian institution, and meet English language requirements.

A notice of intention to cancel (NOICC) must be responded to within the time specified in the notice — typically between 5 and 28 days depending on how it was received. Your response should address the specific breach alleged, provide evidence that contradicts or mitigates the breach, and where applicable explain any exceptional circumstances. Your education provider's records and your employer's payroll records are often central to the response. Engaging a migration lawyer as soon as the NOICC is received maximises your chances of a successful outcome.