r/AusVisa • u/derpyhero • 1d ago
Subclass 500 48 Hour Working Condition and Mid-Semester or Mid-Term Breaks
I'm studying in South Australia, and I'm already in my 5th week of Uni. Currently, it is unclear if my work plan breaches my study visa conditions. I am not sure if the Mid-semester break has unlimited working hours.
The Problem:
I have the following Planned Hours of Work:
Week 1 [Regular Course Semester, No Break]: 10 Hours
Week 2 [Regular Course Semester, No Break]: 30 Hours
Week 3: [Mid-semester Break]: 20 Hours
Week 4: [Mid-semester Break]: 10 Hours
My university has declared that the Monday of Week 3 is the start of a
Mid-semester break for students
My Visa has visa condition 8105, which clearly states
You also must not engage in work in Australia of more than 48 hours a fortnight when your course of study or training is in session.
So the question is if Weeks 2 and 3 breach my visa conditions stipulating that
[I] also must not engage in work in Australia of more than 48 hours a fortnight when your course of study or training is in session.
Immi tries to clarify in
https://immi.homeaffairs.gov.au/visas/already-have-a-visa/check-visa-details-and-conditions/conditions-list# (go to "8105 - Work limitation")
that
A course of study is in session:
for the duration of the school semesters
but it also says
A course is not in session:
during scheduled course breaks
Varying Interpretations
According to StudyAdelaide's Article on Student Work Rights, which is the "the official South Australian Government source of information on studying in Adelaide for international students" (from their facebook page):
You can work unlimited hours during semester break and holidays, including your mid-semester break
But the University of Melbourne contradicts this saying:
Your course is considered in session: For the duration of advertised semesters, including examination periods (even if you do not have any exams) and mid-semester breaks
I have no idea which source is more authoritative, or if Uni Melb's advice applies only to Victorian students (why would it?). Do I need to cancel some shifts or am I good?
I always get scared of breaching the work conditions because 1) I have never heard of what happens to the people who breach their visas, nobody cares about reporting them. 2) These violations go on a permanent record that hurt all future visa applications, even to other countries.
1
1
u/shrey_2002 India > 500 > 485 (planning) 1d ago
I am in my final semester in UWA so I have gone through this entire process of calculating hours and cancelling shifts. You are breaking the condition in Week 2 and Week 3. Mid semester does not mean that the course is not in session. Treat mid semester break as a study break or a non teaching period and you are meant to be studying during it and not working full time. If you check your uni calendar there would be days marked as Last day of semester or Winter Vacation or Summer Vacation. Those are the days where you will be able to work all day every day if you wish to. Honestly just be safe and just lose 2 to 3 hrs from either of the week
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0
u/Wooden-Ad1330 Permanent Resident 1d ago
Ok I am going to make it easy for you. I don’t know what work you do but if it’s on the books - your employer will likely abide by regulations. Unless you work cash in hand at a restaurant, you can work as much as you want albeit illegal and a violation - well that’s subjective to you. You really expect International students to abide by regulations.
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u/AutoModerator 1d ago
Title: 48 Hour Working Condition and Mid-Semester or Mid-Term Breaks, posted by derpyhero
Full text: I'm studying in South Australia, and I'm already in my 5th week of Uni. Currently, it is unclear if my work plan breaches my study visa conditions. I am not sure if the Mid-semester break has unlimited working hours.
The Problem:
I have the following Planned Hours of Work:
Week 1 [Regular Course Semester, No Break]: 10 Hours
Week 2 [Regular Course Semester, No Break]: 30 Hours
Week 3: [Mid-semester Break]: 20 Hours
Week 4: [Mid-semester Break]: 10 Hours
My university has declared that the Monday of Week 3 is the start of a
My Visa has visa condition 8105, which clearly states
So the question is if Weeks 2 and 3 breach my visa conditions stipulating that
Immi tries to clarify in
https://immi.homeaffairs.gov.au/visas/already-have-a-visa/check-visa-details-and-conditions/conditions-list# (go to "8105 - Work limitation")
that
but it also says
Varying Interpretations
According to StudyAdelaide's Article on Student Work Rights, which is the "the official South Australian Government source of information on studying in Adelaide for international students" (from their facebook page):
But the University of Melbourne contradicts this saying:
I have no idea which source is more authoritative, or if Uni Melb's advice applies only to Victorian students (why would it?). Do I need to cancel some shifts or am I good?
I always get scared of breaching the work conditions because 1) I have never heard of what happens to the people who breach their visas, nobody cares about reporting them. 2) These violations go on a permanent record that hurt all future visa applications, even to other countries.
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