Head to head · Checked 30 October 2026
Condition 8104 (the student’s partner) vs Condition 8105 (the student)
Both cap work at 48 hours a fortnight; they cap different people and in different periods. Condition 8105 is the student’s own condition: 48 hours a fortnight while the course is in session, no limit during the scheduled breaks, and no work at all before the course starts. Condition 8104 is the partner’s and family member’s condition: 48 hours a fortnight at all times once the student’s course has started, with no unlimited breaks, except that the partner of a student in a master by research or a doctorate has no limit. The two conditions are read on the fortnight the Department defines, the hours are found by data-matching, and a breach of either is a breach that follows the family.
By Keshab Chapagain, registered migration agent (MARN 1576536) since 2015 · WIDEN, Sydney · Reviewed 30 October 2026
Keshab Chapagain · MARN 1576536 · Registered since 2015 - Who
- The partner and family members of the student · The student
- The cap
- 48 hours a fortnight at all times once the course starts · 48 hours a fortnight while the course is in session
- Breaks
- No unlimited period · Unlimited during the scheduled course breaks
- Before the course
- No work until the student’s course has started · No work until the course has started
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About the CPD →Side by side
| Condition 8104 (the student’s partner) | Condition 8105 (the student) | |
|---|---|---|
| Who | The partner and family members of the student | The student |
| The cap | 48 hours a fortnight at all times once the course starts | 48 hours a fortnight while the course is in session |
| Breaks | No unlimited period | Unlimited during the scheduled course breaks |
| Before the course | No work until the student’s course has started | No work until the course has started |
| Exception | No cap for the partner of a master by research or doctoral student | None |
| Watch out | The partner of a coursework master is capped | The fortnight is the Department’s, not the employer’s roster |
Charges are the current government application charges (from 1 July 2026, main applicant) — see the fee calculator for your family's total. Checked 30 October 2026.
The honest verdict
Both cap work at 48 hours a fortnight; they cap different people and in different periods. Condition 8105 is the student’s own condition: 48 hours a fortnight while the course is in session, no limit during the scheduled breaks, and no work at all before the course starts. Condition 8104 is the partner’s and family member’s condition: 48 hours a fortnight at all times once the student’s course has started, with no unlimited breaks, except that the partner of a student in a master by research or a doctorate has no limit. The two conditions are read on the fortnight the Department defines, the hours are found by data-matching, and a breach of either is a breach that follows the family.
Which side of that line you fall on depends on facts a table cannot hold — your age, score, occupation's lists, and what evidence you can actually assemble. That is consultation territory, not guesswork territory.
More head-to-heads: 482 vs 494 · 190 vs 491 · 189 vs 190 · 482 vs 186
General information only, not migration advice. Settings shown are the general rules; exemptions and stream variations exist. Migration advice is provided by Keshab Chapagain (MARN 1576536) after a paid consultation under the Migration Agents Code of Conduct.
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Questions we get asked first
Condition 8104 (the student’s partner) or Condition 8105 (the student) — which is better?
Both cap work at 48 hours a fortnight; they cap different people and in different periods. Condition 8105 is the student’s own condition: 48 hours a fortnight while the course is in session, no limit during the scheduled breaks, and no work at all before the course starts. Condition 8104 is the partner’s and family member’s condition: 48 hours a fortnight at all times once the student’s course has started, with no unlimited breaks, except that the partner of a student in a master by research or a doctorate has no limit. The two conditions are read on the fortnight the Department defines, the hours are found by data-matching, and a breach of either is a breach that follows the family.
What is the main difference between the Condition 8104 (the student’s partner) and the Condition 8105 (the student)?
Who: Condition 8104 (the student’s partner) — The partner and family members of the student; Condition 8105 (the student) — The student. The cap: Condition 8104 (the student’s partner) — 48 hours a fortnight at all times once the course starts; Condition 8105 (the student) — 48 hours a fortnight while the course is in session. Breaks: Condition 8104 (the student’s partner) — No unlimited period; Condition 8105 (the student) — Unlimited during the scheduled course breaks.
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