Condition 8105 · Rolling Fortnight · Cancellation Risk

The 48-hour fortnight rule is more complex than it looks.

Condition 8105 caps student work at 48 hours per fortnight during term. But what counts as a fortnight? Which work counts? What happens when you breach? Here is the rule in detail.

How the fortnight works

Rolling 14-day calculation.

The fortnight is not calendar-based. It rolls, which changes how hours are managed across weeks.

Rolling 14 days

Any 14 consecutive days. Monday to Sunday twice is one fortnight; Wednesday to Tuesday two weeks later is a different fortnight. Both must stay under 48 hours.

Weekly planning

Keep weekly hours at or below 24 to stay safely under fortnight caps regardless of where the 14-day window falls.

Term vs break weeks

Cap applies during term weeks. Official breaks lift the cap. Institution academic calendar is the reference.

Multiple employers combined

Hours across all jobs count together. Two part-time jobs at 30 hours each breaches the cap at 60.

What counts as work

Broad definition.

The Department interprets work broadly. Getting this wrong is a common source of unintended breach.

Paid employment (all forms)Regular employment, casual, part-time, contract, gig economy, freelance. All count toward the cap.
Self-employmentRunning your own business, freelancing, sole trading. Counts as work even without a traditional employer.
Course-mandated placementsGenerally do NOT count if they are compulsory and unpaid. Paid placements count.
Unpaid volunteering at community organisationsGenerally does not count if genuinely voluntary at not-for-profit. Some unpaid work at commercial businesses can count depending on nature.
Breach consequences

Three levels of impact.

Breaching condition 8105 triggers consequences that can extend for years beyond the breach.

Immediate visa cancellation risk

Department can cancel under Section 116. NOICC process typically precedes cancellation.

Future application consequences

Breach remains part of your record. Affects 485 and future visa applications.

Employer implications

Employers can face penalties for employing students beyond their work rights. Employer cooperation needed to prove compliance.

Breaches discovered years later can still cause visa problems.

A condition 8105 breach during student visa period can surface at 485 application stage. Payroll tax records are cross-referenced. Breach discovered at 485 application can lead to refusal and compliance concerns in future applications. Keep hour records throughout student visa period.

Common questions

The questions we hear most.

For 8105 compliance advice, book with Vishal Sharma or Sourabh Aggarwal.

What happens if I accidentally work 50 hours in one fortnight?
Technical breach. Depending on circumstances and Department response, may result in warning, NOICC, or cancellation. Avoid by tracking hours weekly.
Does paid internship count toward the 48 hours?
Generally yes if paid. Unpaid course-required internships usually do not count. Check specific arrangement.
Can I work for my family business?
Yes, subject to the 48-hour cap like any other work. Family employment does not exempt the cap.
What if I change from VET to Master research?
Masters by research removes the 48-hour cap. But cap applies until the Masters visa is granted.
Condition 8105 compliance advice and breach defence

Stay under the cap.

Book a consultation. We help students track compliance and defend NOICC notices where breaches occurred.

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.