Condition 8105: Work limitation
Up to 48 hours per fortnight during study periods, unlimited during official course breaks. Masters by Research and PhD students have unlimited work rights once research begins. See 8105 guide.
Conditions 8105 & 8202 · Strictly Enforced
Student visa cancellations usually come from two conditions.
Condition 8105 (the 48-hour work limit) or Condition 8202 (maintaining enrolment and attendance). Both are strictly enforced. Data matching, institution reporting, and audit processes pick up breaches. Most cancellations proceed under Section 116 of the Migration Act.
The main student visa conditions
Four conditions. Two cause most cancellations.
Understanding which condition is alleged shapes your response.
Condition 8202: Enrolment & progress
Students must maintain enrolment in a registered course, achieve satisfactory course progress, and maintain satisfactory attendance where required. See 8202 guide.
Condition 8501: Health insurance
Students must maintain OSHC (Overseas Student Health Cover) for the full duration of the visa. Gaps in coverage can trigger cancellation.
Condition 8533: Address updates
Students must notify the Department of address changes within 7 days of arrival and within 7 days of any change. Sometimes triggers NOICCs when mail is returned.
How breaches are detected
Data matching and institution reporting.
The Department rarely finds breaches by accident. Data systems surface them systematically.
8105: TFN data matching
The Department data matches TFN records from the Australian Taxation Office. Income patterns showing more than 48 hours of work per fortnight trigger compliance reviews. Single Touch Payroll provides real-time data.
8202: PRISMS reporting
Educational institutions report student progress and enrolment through PRISMS. Non-commencement, non-attendance, withdrawal, and unsatisfactory progress are all reported. Section 20 notices feed the compliance system.
Later application disclosures
Breaches disclosed in later visa applications (for example, declaring employment in a 485 application) can feed back to the current student visa and trigger cancellation.
Responding to a student NOICC
The NOICC stage is where cases are won.
Most student cancellations that get overturned were handled well at the NOICC stage, before cancellation even proceeded.
Address the specific breachThe NOICC states the specific breach and period. The response addresses this directly, not generally.
Explain the circumstancesContext matters. Financial pressure, family circumstances, misunderstanding of the rules, and other factors can be considered if properly documented.
Evidence of future complianceWhat has changed? How will you ensure compliance going forward? Evidence of current compliance is persuasive.
Academic context (8202 matters)Institution support letters, evidence of academic intervention, and plans for recovery are all relevant for 8202 matters.
Condition 8105 breaches can also trigger PIC 4020 findings.
If the Department concludes the breach was accompanied by false statements (such as declaring compliance in applications when you were not compliant), PIC 4020 findings carry a 3-year exclusion from Australian visas. Responding properly to these issues early prevents more serious downstream consequences.
Common student cancellation questions
The questions we hear most.
For any student cancellation matter, book with Sourabh Aggarwal or Vishal Sharma.
I worked 50 hours one fortnight by accident. Will my visa be cancelled?
Not automatically. The Department considers context, pattern, and your response. A single modest overage with no pattern of breaches and a strong response is often resolved without cancellation.
I failed a semester. Is my visa at risk?
Possibly. Failure itself is usually not a breach unless it becomes a pattern or results in unsatisfactory progress under your institution's rules. Institution Section 20 reporting is the trigger for Department action.
Can I change courses or institutions to fix an 8202 issue?
Yes in some cases, but there are rules about when course changes are permitted, particularly in the first six months of your principal course. Specialist advice is essential before making changes during cancellation proceedings.
Will my graduate visa be affected by a student visa cancellation?
Yes. Student visa cancellation or significant compliance issues often affect subsequent 485 and other visa applications. Resolving the student visa matter properly is important for future pathways.
Some information on this page has been sourced from the Department of Home Affairs and has been interpreted and approved by Principal Migration Agent Sourabh Aggarwal (MARN 1462159). Last reviewed: May 2026.