immiqa.com
Not a registered migration agent. General information only — not immigration advice.

Can family members of Australian student visa holders work? 8104 rules 2026

Plain-language guide · general information, not immigration advice

Yes — in most cases they can work, but generally only after the primary student has commenced the course and then only up to the fortnightly cap; where the 8104(2A) or (2B) carve-outs apply, the start restriction does not apply, and under 8104(2C) the cap is displaced for work done before the course commences. Under visa condition 8104 in Schedule 8 to the Migration Regulations 1994, subject to subclauses (2A) and (2B), a member of the family unit of a person who satisfies the primary criteria for a student visa must not work in Australia until that primary person has commenced a course of study; once work is allowed, the 40 hour cap in 8104(1) applies, read as 48 hours a fortnight under 8104(3A) where the visa held is a Subclass 500 (Student) visa or a bridging visa granted on the basis of a valid Subclass 500 application. This is taken from the Federal Register of Legislation's text of the Migration Regulations 1994, Schedule 8, visa condition 8104, as at September 2026.

What does condition 8104 actually say?

Condition 8104 is the work condition normally attached to the visa of a student's family member. It does three separate things:

The two limits are independent. Commencing the course lifts the 8104(2) prohibition; it does not lift the 8104(1) cap unless one of the exceptions below applies.

Can a family member work before the student's course starts?

Generally no. 8104(2) prohibits work in Australia until the primary student has commenced a course of study. The wording is about the primary student's course, not about the dependant's own visa grant date or arrival date — so a dependant whose visa is granted months before orientation still cannot start working on the strength of the visa alone.

That general rule is then qualified by two carve-outs, 8104(2A) and 8104(2B), and by a consequence in 8104(2C).

When can a dependant start working before the course begins?

8104(2) does not apply if either of the following is true:

Situation Provision Result before the course starts
The dependant held a substantive visa or a bridging visa at the time of applying for the visa, and was permitted to work during the period that previous visa was in effect 8104(2A) 8104(2) does not apply
The primary student held a substantive visa or a bridging visa at the time of applying for the student visa, and was permitted to work during the period that previous visa was in effect 8104(2B) 8104(2) does not apply

And there is a further effect: under 8104(2C), if 8104(2) does not apply because of 8104(2A) or 8104(2B), then despite 8104(1) the holder may work for more than 40 hours a fortnight while in Australia, and before the course of study mentioned in 8104(2) commences.

In plain terms, a dependant who qualifies through 8104(2A) or (2B) is not subject to the pre-course prohibition, and the fortnightly hours cap is displaced for the pre-course period too.

Note what both carve-outs hinge on: a previous visa held at the time of applying, and permission to work during the period that previous visa was in effect. A previous visa that carried no work permission does not meet the test.

Is the limit 40 hours or 48 hours?

It depends on the visa actually held. Under 8104(3A), if the visa held is a Subclass 500 (Student) visa, or a bridging visa granted on the basis of a valid application for a Subclass 500 (Student) visa, then the references to 40 hours in 8104(1), 8104(2C) and 8104(3) apply as if they referred to 48 hours.

So the same condition produces two different numbers depending on the visa: the base figure in the regulation is 40 hours a fortnight, and it reads as 48 hours a fortnight where the visa held is a Subclass 500 (Student) visa or one of the bridging visas described in 8104(3A).

Either way, the period is a fixed 14-day block starting on a Monday, not a rolling two-week window and not a calendar month. That matters for anyone averaging their shifts: the count resets on Monday.

What if the primary student is doing a master's or doctoral degree?

Under 8104(3), if the course of study mentioned in 8104(2) is for the award of a masters or doctoral degree, then despite 8104(1) the holder may engage in work for more than 40 hours a fortnight while in Australia. The fortnightly cap is displaced for that course — the course is the primary student's, and it is the award level that triggers the exception.

Note the interaction: 8104(3) removes the hours cap, but it is a separate provision from 8104(2). On the face of the text, the pre-course prohibition in 8104(2) still operates unless 8104(2A) or 8104(2B) also applies.

A worked example of how the pieces fit

Assume a dependant holds a Subclass 500 (Student) visa as a member of the family unit of a primary student who is enrolled in a bachelor's degree, and that neither 8104(2A) nor 8104(2B) applies.

Swap in the research-degree case and only the last line changes. Swap in a previous work-permitted visa held at the time of application, and the first two lines change as well.

What happens if the hours limit is breached?

The note following 8104(4) points to the Migration Act 1958 sections 41 and 116 to 119 on cancellation for breaches of conditions. It also notes that whether a visa of a particular class may be made subject to this condition depends on the relevant provision in Schedule 2 of the Migration Regulations 1994 — so the first check is always whether 8104 was actually imposed on the visa in question.

This is general information about how condition 8104 is worded, not an assessment of any individual's circumstances; anyone unsure about their own visa should rely on the official legislative text and, where it matters, on advice from a registered professional.

Frequently Asked Questions

Can a student dependant start working as soon as their own visa is granted?

No, not on that basis alone. Under 8104(2), a member of the family unit of a person who satisfies the primary criteria for a student visa must not work in Australia until that primary person has commenced a course of study.

Is the work limit 40 hours or 48 hours a fortnight?

Both figures appear in condition 8104. The base limit in 8104(1) is 40 hours a fortnight, and under 8104(3A) that reference reads as 48 hours where the visa held is a Subclass 500 (Student) visa, or a bridging visa granted on the basis of a valid Subclass 500 application.

What counts as a fortnight under condition 8104?

8104(4) defines a fortnight as the period of 14 days commencing on a Monday. It is a fixed Monday-to-Sunday-fortnight block rather than a rolling 14-day window measured from the day work started.

Can a dependant work more than the cap if they held a visa that allowed work?

If the dependant held a substantive or bridging visa at the time of applying and was permitted to work while that visa was in effect, 8104(2A) means 8104(2) does not apply. Under 8104(2C), they may then work more than the fortnightly hours cap before the primary student's course commences.

Does the master's or doctoral exception remove the pre-course ban as well?

Not by itself. Under 8104(3), a course for the award of a masters or doctoral degree displaces the 8104(1) hours cap, but the pre-course prohibition in 8104(2) is lifted only where 8104(2A) or 8104(2B) applies.

What should be checked before relying on any of this?

Whether 8104 was actually imposed on the visa, since the note to the condition says this depends on the relevant provision in Schedule 2 of the Migration Regulations 1994. The official legislative text should also be checked for any amendment after the version referred to here.

References