What Is Visa Condition 8202?

Condition 8202 applies to all student visa holders in Australia and requires them to:

Remain enrolled in a full-time registered course
Maintain enrolment in a course at the same AQF level or higher as the one the visa was granted for
Make satisfactory academic progress and attendance as per provider and National Code guidelines

The Legal Framework

Condition 8202 is embedded in Schedule 8 of the Migration Regulations 1994. The policy interpretation, outlined in the Department’s Procedural Instructions, is very clear: students must not move to a lower AQF level without holding a new visa or lawful basis for the change.

There are very limited exceptions. For example, students enrolled in an AQF Level 10 course (Doctoral degree) may change to a Level 9 course (Master’s). However, this doesn’t apply to lower-level transitions, such as Certificate IV to Certificate III.

What Happens If You Breach Condition 8202?

If a breach is detected (often through PRISMS or your education provider), the Department of Home Affairs may:
Issue a NOICC (Notice of Intention to Consider Cancellation)
Give a limited time to respond with an explanation
Assess your case based on history, reasons, and any supporting evidence

If your visa is cancelled:

You become unlawful in Australia
Any Bridging Visa attached to a future visa application may be cancelled
Dependant family members (partner or children) on secondary visas may also face automatic cancellation under Section 140 of the Migration Act

Responding to a NOICC

Receiving a NOICC doesn’t mean your visa is cancelled—but it’s a serious legal step. You must respond carefully and quickly.

Your response should:

Acknowledge the breach and explain the situation
Submit documents showing genuine misunderstanding or hardship
Show efforts to remedy the situation
Highlight your compliance history and future academic goals

What Factors Affect the Department’s Decision?

When deciding on visa cancellation, the Department looks at:

Purpose of your stay in Australia
Overall visa compliance
Whether the breach was intentional
Hardship to you and your dependants
Past behaviour and responsiveness
Australia’s international obligations

Need Help? Contact LEAMSS Today!

If you're worried about your student visa status or considering a course change in Australia, don’t take chances. At LEAMSS, our experienced migration counsellors help students:
✔ Understand visa rules
✔ Handle NOICC responses
✔ Plan safe course transitions
✔ Avoid visa cancellation risks
Book a free consultation with LEAMSS today!
Helping students stay compliant and successful in Australia