Visa Condition 8104: Work Limitation Explained

40 hours a fortnight, with separate rules for family members of a Student visa holder. Check a worker's visa conditions before they start.

40 hrs a fortnight (see rules)Work Rights
8104Condition
31 October 2026Information Checked
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Overview

Why Visa Condition 8104: Work Limitation Explained?

Information checked 31 October 2026.

Condition 8104 means the holder cannot work more than 40 hours a fortnight, unless they are a family member of a Student visa holder. Family members of a student follow their own rules, which depend on whether the student's course is in session and what the student is studying.

Work rights and key limits

  • No more than 40 hours of work a fortnight, unless the holder is a family member of a Student visa holder.
  • Family members of a student cannot work before the student's course starts, unless the student or the family member held another visa that allowed work.
  • Family members can work up to 48 hours a fortnight while the course is in session.
  • If the student is studying a masters by research or a doctoral degree, the student and their family members can work more than 48 hours a fortnight. If the student is studying a masters by coursework or an extended masters, the family members can too.
  • A fortnight is a period of 14 days starting on a Monday.

What to check before they start

  1. If you are hiring the family member of a student, Home Affairs says to get evidence of the relationship (such as a visa grant letter, marriage or birth certificate) and that the student has started their course (such as a Confirmation of Enrolment).
  2. Make sure the employee isn't working more hours than their visa allows.
  3. With the worker's consent, check their visa and its conditions through VEVO before they start, and keep the result on file.
  4. It is against the law to hire a non-citizen who does not hold a valid visa, or to have them do work that goes against their visa conditions.

RefChecks runs a Right to Work check through VEVO: the worker gives consent and their details, and you get their visa, its conditions and expiry in their report. Related: condition 8105, Student visa (subclass 500).

Official sources

General information only, not migration advice. For advice about a specific visa, speak to a registered migration agent.

What's Included

Visa Condition 8104: Work Limitation Explained Features

Condition 8104 on the grant

The Right to Work check lists every condition on the worker's grant, so you can see whether condition 8104 applies.

A record for your files

The VEVO result is saved in the worker's report, so you can show you checked their work rights before they started.

Expiry on the result

Temporary visas end. The result shows the expiry date, so you can see when the right to work ends.

Process

How It Works

1

Send the request

Order a Right to Work check from Background Checks. The worker gets a secure link.

2

Worker gives consent and details

They confirm consent and enter their passport and visa details.

3

VEVO result in their report

We check VEVO and save the visa, its conditions and expiry in the worker's report.

Turnaround & Pricing

What to Expect

Turnaround Time

Within 24 hours

Price per check

$10

Priced per check, separately from your plan. Available on every plan, including Free.

FAQ

Visa Condition 8104: Work Limitation Explained FAQ

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