Working while studying helps cover living costs and builds Australian experience. But the 48-hour fortnight rule trips up more students than you'd expect. Get the calculation wrong, and you risk your entire visa.

If you're on a Subclass 500 Student Visa, understanding work hour limits is essential. The rule sounds simple enough. Yet the way fortnights are calculated, what counts as work, and when unlimited hours apply creates confusion that can lead to accidental breaches.

According to Study Australia, the work hours limit was reintroduced on 1 July 2023 at the increased rate of 48 hours per fortnight. This guide explains exactly how the rule works and how to stay compliant.

How the 48-Hour Fortnight Rule Works

Student visa holders can work a maximum of 48 hours per fortnight while their course is in session. This applies during semesters, exam periods, and any time classes are officially running.

What Counts as a Fortnight

A fortnight means any consecutive 14-day period starting on a Monday. This is where students commonly make mistakes. It's not simply two calendar weeks added together.

If you work 35 hours in the first week, you can only work 13 hours in the following week to stay within the limit. The calculation applies to any rolling 14-day period, not just pay cycles or roster weeks.

What Counts as Work

The Department of Home Affairs defines work as any activity where you receive payment or benefits. This includes paid employment (casual, part-time, or contract), work through an ABN as a contractor, unpaid trial shifts, and internships not required by your course.

If you hold multiple jobs, the hours combine. Working 25 hours at one job and 25 hours at another totals 50 hours. That breaches your visa conditions even though neither job alone exceeds the limit.

One important exemption: mandatory course requirements like clinical placements for nursing or teaching practicums don't count toward your 48 hours. These must be officially listed as compulsory under CRICOS for your course.

When Unlimited Work Hours Apply

The 48-hour cap only applies during term time. At other times, you can work as many hours as you want.

Scheduled Course Breaks

During official semester breaks, mid-semester breaks, and summer holidays, there's no limit on your work hours. You can take on full-time shifts without breaching your visa. The key is that these must be genuine scheduled breaks in your academic calendar, not just gaps between classes.

Research Students

If you're enrolled in a Masters by Research or Doctoral program, you have unlimited work rights once your course starts. This exemption recognizes that research students often have different study patterns and may need flexible work arrangements.

After Course Completion

If you've finished your course but your visa is still valid, you can work unlimited hours. This applies while you're waiting for results or preparing your next visa application.

How Breaches Are Detected

The Australian Taxation Office shares data with immigration authorities. Your tax records, superannuation contributions, and employer reports create a clear picture of your work history. Income that suggests more than 48 hours per fortnight during term time can trigger an investigation.

Employers must check your work rights through VEVO before hiring you. Many track hours carefully to protect themselves from penalties for employing workers who breach visa conditions.

Consequences of Breaking the Rule

Visa cancellation under Section 116 of the Migration Act is the most serious outcome. If your visa is cancelled, you become unlawful in Australia and must leave within 28 days. You may also face difficulties applying for future Australian visas.

For first-time or minor breaches, the Department may issue a warning and require you to demonstrate future compliance. But don't count on leniency. The consequences can affect your plans for the 485 Graduate Visa and any pathway to permanent residency.

Staying Compliant

Track your hours carefully. Use apps like Record My Hours or simple spreadsheets that calculate rolling 14-day totals. When employers offer extra shifts, check your fortnight calculation before accepting.

Tell your manager upfront about your 48-hour limit. Most employers understand visa restrictions and will help you stay within bounds. If an employer pressures you to work beyond your limit, you can report this to the Fair Work Ombudsman without affecting your visa status.

Conclusion

The 48-hour fortnight rule protects your primary purpose in Australia: studying. Working part-time builds valuable experience and income, but miscalculating hours puts your visa at risk.

Keep accurate records, understand when unlimited hours apply, and communicate clearly with employers. If you're unsure about your work rights or concerned about a potential breach, speak with a registered migration agent before issues escalate.

At Desire Immigration, our team helps students understand visa conditions and plan their journey from study to permanent residency. Book a consultation if you need clarity on your situation.

Frequently Asked Questions

Can I work before my course starts?

Only if you held another visa with work rights when you applied for your student visa. Otherwise, you cannot work until your course officially begins.

Do volunteer hours count toward the 48-hour limit?

Unpaid work that would normally attract payment counts toward your limit. Genuine volunteering at registered charities typically doesn't count, but unpaid trial shifts and internships usually do.

What if I accidentally breach the work hours limit?

Contact a migration agent immediately. The outcome depends on the severity and circumstances of the breach. Early action and evidence of good faith compliance may help your case.

Do my partner's work hours affect my visa?

Your partner has separate work rights tied to your course level. If you're studying a Bachelor degree or lower, your partner can work up to 48 hours per fortnight. If you're in a Masters or Doctoral program, your partner can work unlimited hours.

How do I check my current work conditions?

Use the Visa Entitlement Verification Online system (VEVO) on the Department of Home Affairs website. This shows your specific visa conditions and work rights.