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8202 Visa Condition: What Constitutes A Breach?

8202 visa condition is usually applicable on subclass 500, student Visa. This condition is applicable to students and ensures they remain enrolled in the same course throughout their study visa validity. This is the same course for which students received their substantive visas. 

When the 8202 visa condition is breached, it makes students vulnerable to cancellation of their visa. Moreover, it makes it difficult for students to get a bridging visa or get another substantive visa in the future. So to avoid all the hassle, make sure to stick to the visa condition. 

To know more about the 8202 visa condition and what it entails, continue reading ahead. 

8202 Condition Definition?

Every student who is studying a registered course in Australia has to abide by the 8202 visa condition. The condition states that students remain enrolled in their registered course and do not change courses or universities without notifying the department that issues them the visa. 

Exceptions For 8202 Condition

You have to stay enrolled in your registered course. The only time you are exempt from this is when 

  • You are a secondary exchange student 
  • A student funded by the Foreign Affairs of Defense.

Registered Course For 8202 Condition?

A registered course for 8202 conditions is one that is associated with the Commonwealth Register of Institutions and Courses for overseas students or CRICOS. 

When students are provided a student visa because of this, they are forbidden to drop down and opt for a lower qualification framework level. 

Categorization of the Registered Courses for the 8202 Visa Condition

The 8202 visa condition states that students be enrolled in their registered courses, but how do you know whether your field falls into that? Here are the categories for a senior secondary certificate of Education for year 12: 

  • Level 1: Certificate I
  • Level 2: Certificate II
  • Level 3: Certificate III
  • Level 4: Certificate IV
  • Level 5: Diploma
  • Level 6: Advanced Diploma / Associate Degree
  • Level 7: Bachelors Degree
  • Level 8: Bachelor Honours Degree / Graduate Certificate / Graduate Diploma
  • Level 9: Masters Degree
  • Level 10: Doctoral Degree

8202 Condition Breaching Rule

Your 8202 visa condition is breached if you change your course level during the duration of your study. So for instance, if you were given a substantive student visa for Master of business degree which falls under level 9 of the registered course list.

 If you change it to a level 5 Diploma of Management course, you will be in breach. To change levels, you have to apply for a new visa. Failure to get a new visa for the new course may result in the cancellation of your visa. 

Recent Updates For 8202 Conditions

The recent implementation of the SSVF made some changes to the 8202 visa condition. Here are the updates:

  1. Foreign affairs students, defense students, or secondary exchange students are allowed to drop their level to 9 for their Masters’s education. 
  2. The above-mentioned students can also move higher up their course without any consequence. 
  3. You can shift your course to a different university given you remain within the same AFQ or higher level. 
  4. Students are required to keep up their attendance and maintain satisfactory results. 
  5. Students in schools need to maintain an attendance of 80%. Other students in the tertiary sector will not have their attendance monitored.
  6. Should a bridging Visa be granted to the student, it does not override their substantive visa for education. 
  7. If students do not want to continue in their course and want to leave the country, their substantive visa will be canceled and they will be required to apply for a Bridging Visa E. 

Short Course Duration and 8202 Visa Condition?

If someone has finished their studies before their substantive, student visa expires, they will be allowed to remain in Australia lawfully until their student visa is expired. They can also apply for a skilled independent visa 189 and be eligible to work in the country. 

Moreover, students who are living in Australia on their student visa need to fulfill its conditions even if they are no longer a student. 

What To Do Next?

Now that you know all about the conditions surrounding your student visa, nothing remains but for you to chase your dreams. Whether you are applying for a new student visa, a bridging visa, or a skilled migration visa, we are here to help you. 

The Migration is a reputable company operating in Sydney and having offices all around the world. We are known for offering you the best deals at the most affordable of prices. Moreover, we take every case seriously so you can have your visa processed in a shorter duration. 

For more information on visa condition 8202, contact us here. 

Frequently Asked Questions On 8202 Visa Condition

Q1. Who Decides If I Have Breached My Visa Condition?

A1. The AAT from the Department of Home Affairs decides whether you are in breach of the 8202 visa condition. 

Q2. Will I Be In Breach Of the 8202 Visa Condition If I Complete My Course Early?

A2. No, you will not be in breach of your visa condition if you complete your course early. However, you must follow the laws and conditions specified in your substantive visa. 

Q3. Can I Get Away With A Breach Of 8202 Visa Condition?

A3. No, the authorities are very strict and keep checks and balances to avoid this from happening. If you are in a breach, you can communicate your situation to the AAT department and they will take your concerns into consideration. 

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