Working more than legally allowed can lead to loss of your visa!

International Students working more than 40 hours a fortnight can find themselves in trouble


 Working too much on a student visa can lead to breach in the Condition 8105. This Condition states that  you cannot work more than 40 hours a fortnight . A fortnight means a period of 14 days commencing on Monday and ending at the end of the second following Sunday.

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Although you are allowed to work more than 40 hours per fortnight during recognized vacation periods offered by your education provider. You also will not be able to start paid work until you have started your course in Australia. Work limitations do not apply if you are studying Masters in research or Doctorate course in Australia.
A recent decision of the Federal Circuit Court, Aziz v Minister for Immigration & Anor (2018) FCCA 952 illustrates that there are risks involved in breaching the condition. What happened in this case was that the Department had obtained records from the Taxi Services Commission in VIC that provided the details of how many hours he was working. Through registration numbers of each taxi and the visa holder, they found out that the visa holder used to work more than 100 hours a fortnight. His explanation was that the records provided by the Taxi services commission did not reflect the actual hours he had worked.
Overall it was claimed that he only worked 2-2.5 hours every day. The Tribunal  referred to the well established Australian case law that defines "work" as activity that normally attracts remuneration. So the period when one is considered to be "working" includes time when the driver made himself available for work. Which means the electronic tracking system that recoded the hours when the taxi was being used were fatal to the visa holder and he had to learn the hard way that working "too much" at atleast breaching visa conditions can be very fatal 
Australian migration law can be complex and in order for us to help you better please contact us 

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Fam Hadi On, 17 April 2019

Due to breach of 8105, visa cancellation can be taken to AAT?

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