The short answer is yes.
Changing your course, especially to one at a lower AQF level, can breach visa condition 8202 and lead to visa cancellation.
Australia is home to one of the world’s most respected education systems, attracting hundreds of thousands of international students each year. But maintaining lawful status in Australia requires more than just enrolling in a course; it demands ongoing compliance with the conditions attached to the Student visa (subclass 500). One of the most critical, yet often misunderstood, of these is visa condition 8202.
What Is Visa Condition 8202?
Condition 8202 is imposed on all student visa holders who satisfy the primary criteria (i.e. main visa applicants enrolled in a course of study) and requires that students:
- Remain enrolled in a full-time registered course.
- Maintain enrolment in a course that is at the same AQF level (or higher) as the one for which the visa was granted.
- Make satisfactory course progress and attendance, in line with their education provider’s requirements and the National Code of Practice.
This condition is not negotiable. Breaching it can trigger visa cancellation under section 116(1)(b) of the Migration Act 1958.
Anna’s Story
In May 2025, Anna, a student visa holder in New South Wales, received a Notice of Intention to Consider Cancellation (NOICC) from the Department of Home Affairs.
The letter alleged that she had breached visa condition 8202.
When Anna arrived in Australia, she was enrolled in a Certificate IV in Business, a course classified at AQF Level 4. Several months into her studies, her education provider closed unexpectedly due to low enrolments. With limited time to decide and under financial pressure, Anna enrolled in a different school offering a Certificate III in Hospitality (AQF Level 3), a more affordable and flexible option she believed would allow her to remain compliant while figuring out her next steps.
Unknown to Anna, this shift to a lower-level course breached the requirements under condition 8202(2)(b), which provides that students must maintain enrolment in a course at the same or higher AQF level as the one for which their visa was granted.
Anna’s visa was now at risk.
The change was recorded and flagged in PRISMS (the Provider Registration and International Student Management System), and the Department initiated cancellation proceedings. Anna was given five working days to respond and explain why her visa should not be cancelled.
Anna’s case is not unusual. Students may change courses for several valid reasons:
- The original provider closes or defaults.
- The student struggles with the course content and seeks a change in direction.
- Financial hardship makes continued study unaffordable.
- The quality of teaching or facilities falls short of expectations.
- Mental health issues, family problems, or external stressors can impact their academic performance.
- They receive poor academic results and are advised to reskill or retrain.
Unfortunately, unless managed correctly and with professional advice, any of these scenarios can place a student in breach of their visa conditions, leading to serious immigration consequences, including visa cancellation and potential removal from Australia.
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 8202?
If the Department becomes aware of a breach, often through PRISMS data or education provider reporting, they may:
- Issue a NOICC (Notice of Intention to Consider Cancellation).
- Give the student a specified and limited period to respond to the NOICC.
- Assess the student’s history, personal circumstances, and whether any compelling reasons exist not to cancel the visa.
If the visa is cancelled, the student becomes unlawful, and any Bridging visa linked to a new substantive visa application may also cease to be valid.
There are also flow-on consequences for dependants. If a partner or child is on a secondary visa linked to the primary holder, their visa may also be cancelled automatically under section 140 of the Migration Act.
Responding to a NOICC
A NOICC is a serious legal notice. It means the Department is actively considering cancelling the visa. However, receiving a NOICC does not mean the visa has already been cancelled. It is a formal invitation to respond and put forward reasons why cancellation should not occur.
In responding to a NOICC, students may:
- Acknowledge the breach, if applicable, and explain the circumstances that led to it.
- Provide evidence of any hardship, misunderstandings, or miscommunications involved.
- Demonstrate steps taken to remedy the situation.
- Emphasise any positive compliance history, community engagement or future academic plans.
The Department assesses several factors when deciding whether to cancel a visa:
- The purpose of the applicant’s travel and stay in Australia.
- The extent of compliance with other visa conditions.
- Whether the breach was intentional or due to external circumstances.
- The degree of hardship to the applicant and their family if the visa is cancelled.
- Whether there are dependents who may also lose their visas.
- Australia’s international obligations.
- The behaviour and responsiveness of the applicant in previous dealings with the Department.
Given the complexity and significance of these matters, students are strongly encouraged to seek advice from a registered migration agent or immigration lawyer. Each case is different, and a tailored response can make all the difference.
Tips to Stay Compliant
- Always consult a qualified migration agent before making course changes.
- Ensure that, if you change courses, your new course is at the same or a higher AQF level.
- Monitor your academic progress and attendance.
- If you receive a warning or NOICC, act immediately and seek professional advice.
- Keep your CoE up to date and maintain contact with your education provider.
Visa condition 8202 is not a technicality; it’s a cornerstone of lawful student visa status. While Australia welcomes international students, compliance with visa conditions is a shared responsibility between students, education providers, and the Department of Home Affairs.
If you are unsure about your obligations or have recently changed your course, don’t wait for a warning letter. Understanding condition 8202 and taking proactive steps can make the difference between continuing your studies and having your visa cancelled.
We understand that each migration case is unique, which is why seeking professional advice is crucial. Don’t hesitate to contact us if you need guidance or have received a NOICC from the Department.
