Student Visa Work Rights in Australia: What You Need to Know in 2026
Work rights for student visa holders changed in 2023 and the rules remain in place in 2026. Here is a clear guide to what you can and cannot do — and the consequences of getting it wrong.
One of the most common questions Legal Wave receives from international students is: how many hours can I work on my student visa? The answer changed significantly in 2023 when the Australian Government reintroduced a 48-hour fortnightly work limit after a temporary COVID-era suspension. Understanding the current rules — including the exceptions, the conditions attached to your visa, and the serious consequences of a breach — is essential for every student visa holder in Australia.
The current 48-hour fortnightly limit
From 1 July 2023, student visa holders (Subclass 500) are limited to working 48 hours per fortnight during the academic term. A fortnight is defined as a two-week period beginning on a Monday. This limit applies to all work — including paid employment, self-employment, and work performed for a family member's business. The 48-hour cap replaced the previous 40-hour fortnightly limit that applied before the COVID-19 pandemic, and it remains in force in 2026.
When can you work unlimited hours?
Student visa holders can work unlimited hours during official course breaks — that is, periods when your education provider has formally scheduled a vacation or recess. This includes semester breaks, Christmas and New Year periods, and any other scheduled break that appears in your course timetable. Importantly, the break must be an official scheduled break from your course — not simply a period when you have no classes due to your own timetable. If you are unsure whether a period qualifies as an official break, check with your education provider before increasing your hours.
Exceptions to the 48-hour limit
There are limited exceptions to the fortnightly cap. Registered nurses and midwives employed in aged care or disability care settings are currently exempt from the 48-hour limit under a temporary measure that has been extended through 2026. Masters and doctoral students enrolled in a research degree may also have different conditions attached to their visa — check your visa grant notice carefully. Additionally, student visa holders who are also the primary carer of an Australian citizen or permanent resident child may be eligible for an exemption in certain circumstances.
What counts as work?
The work limit applies to all work performed in Australia, regardless of the type of employment arrangement. This includes casual, part-time, and full-time employment; work performed under a labour hire arrangement; work for a family member's business (even unpaid work that has a commercial value); and self-employment or freelance work. Volunteering for a registered charity or community organisation does not generally count toward the limit, but unpaid work for a business — including a family business — does. If you are unsure whether an arrangement counts as work, seek advice before commencing.
Consequences of breaching your work conditions
Breaching the work conditions of your student visa is a serious matter. A breach can result in visa cancellation, which would require you to leave Australia and could affect your ability to obtain future Australian visas. The Department of Home Affairs uses data-matching with the Australian Taxation Office and employer records to identify potential breaches. If you receive a Notice of Intention to Consider Cancellation (NOICC), you have a limited time to respond — typically 28 days — and it is critical to seek legal advice immediately. A well-prepared response can sometimes prevent cancellation, but the process is stressful and the outcome is not guaranteed.
Practical tips for staying compliant
Keep a record of your hours worked each fortnight — a simple spreadsheet noting your employer, dates, and hours is sufficient. Communicate your visa conditions clearly to your employer; most reputable employers will accommodate the limit once they understand the legal requirement. If you are working for multiple employers, remember that the 48-hour cap applies across all employment combined, not per employer. If your circumstances change — for example, if you change courses, take a leave of absence, or your enrolment status changes — review your visa conditions and seek advice if you are unsure how the change affects your work rights.
Key takeaways
- 1
Student visa holders are limited to 48 hours of work per fortnight during the academic term as of 1 July 2023.
- 2
Unlimited hours are permitted during official scheduled course breaks — not just any period without classes.
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The limit applies to all work combined across all employers, including family business work.
- 4
Registered nurses and midwives in aged care or disability care are currently exempt under a temporary measure.
- 5
Breaching work conditions can result in visa cancellation — keep records and seek advice if you are unsure.
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