What condition 8202 requires
Condition 8202 is a mandatory condition on every subclass 500 student visa. Home Affairs states that condition 8202 requires you to: remain enrolled in a registered course of study that is a CRICOS-registered course (a course listed on the Commonwealth Register of Institutions and Courses for Overseas Students), meet the attendance requirements of your education provider, and meet the course-progress requirements of your education provider. If you hold more than one CoE (for a package enrolment), condition 8202 applies to each component of the package.
The condition does not set a specific minimum attendance percentage or course-progress benchmark in the Migration Regulations themselves. Instead, it requires you to meet those requirements as set by your education provider under the ESOS National Code 2018. The National Code requires providers to have documented policies for monitoring attendance and course progress, and to intervene when a student falls below the expected standard. These interventions are called "at-risk" processes and give you a chance to improve or explain before the provider reports the breach to Home Affairs.
If you transfer to a different provider or course, you must maintain enrolment in a CRICOS-registered course at all times. A gap in enrolment, even a short one, means you are not meeting condition 8202. If you change to a course that is not CRICOS-registered (such as a purely online course from a non-registered provider), you breach the condition regardless of whether you are still studying.
Who this guide is for
Subclass 500 student visa holders who want to understand their ongoing obligations while in Australia. Students who have received attendance warnings or "at risk" notices from their provider and need to know what happens next. Students who have received a section 20 notice (cancellation warning) and need to respond within 28 days.
If you have not received any warnings, this guide helps you stay compliant and avoid the escalation path from informal intervention to formal reporting. If you have already received a section 20 notice, the timing is urgent — you have 28 days to respond before the CoE is cancelled and visa cancellation begins.
The decision you make next
If your provider has identified that you are at risk of breaching condition 8202, you should respond promptly. The first step is to understand what the provider is concerned about: low attendance, poor course progress, or both. Request a meeting with your provider's international student support officer to discuss the issue. Provide evidence of any compassionate or compelling circumstances that affected your attendance or progress.
If you have received a section 20 notice under the ESOS Act, you have 28 days to respond. Your response should include: an explanation of why you did not meet the condition, evidence of any compassionate circumstances, and your plan to return to compliance (such as a revised study schedule, reduced work hours, or academic support). If the provider accepts your response, the CoE is maintained and the breach is not reported to Home Affairs as a cancellation. If the provider does not accept your response, the CoE is cancelled, and Home Affairs can cancel your visa under section 116 of the Migration Act.
Documents and evidence to prepare
If you are responding to an attendance or progress concern, gather: your current enrolment record (CoE details, course start and end dates), attendance records from your provider's system, course-progress reports (grades, assignment feedback), any correspondence with your provider about the issue, and evidence of compassionate or compelling circumstances (medical certificates, death certificates, police reports, letters from counsellors).
If you have received a section 20 notice, also prepare: the section 20 notice itself, a written response letter addressed to your provider explaining why you breached, your plan to return to compliance, and supporting documents for any compassionate claim. Keep a copy of everything you submit. If the provider rejects your response and cancels the CoE, you may need this evidence for a subsequent visa application or ART review.
Deadline and risk triggers
The timing of condition 8202 compliance is continuous — the condition applies for the entire duration of your visa. A breach can be identified at any point when your provider reports non-compliance through PRISMS. The most critical deadline is the 28-day response period after receiving a section 20 notice. If you do not respond within 28 days, the CoE is automatically cancelled, and Home Affairs is notified.
The main risk is visa cancellation under section 116 of the Migration Act. If Home Affairs cancels your visa for breaching condition 8202, you may face a three-year exclusion period under Public Interest Criterion 4013. This means you cannot be granted certain other visas for three years from the date of cancellation. A visa cancellation is also a significant adverse history for any future visa application to any country.
The secondary risk is the impact on the GS criterion in a future application. If you apply for a new visa after a cancellation history, the case officer will assess whether you are likely to comply with visa conditions this time. A past breach of 8202, especially if not compellingly explained, makes it harder to satisfy the GS criterion.
Worked example: responding to a s.20 notice
Mei, a 25-year-old student from China, was pursuing a Master of Accounting at an Australian university. After six months, Mei's grades dropped significantly and her attendance fell to 60% due to a combination of part-time work (30 hours per week in a restaurant) and a serious family illness back home. Her provider issued an "at risk" notice and offered academic support, but Mei did not respond to three consecutive interventions. The provider issued a section 20 notice.
Mei contacted the international student support office within the 28-day period. She submitted medical certificates for the family illness, a letter from her employer confirming her work hours had been reduced, and a revised study plan showing how she would return to full attendance and catch up on course work. She also provided evidence from a counsellor showing she had been under significant stress. The provider accepted her response, maintained her CoE, and did not report the breach to Home Affairs.
Related guides
For a complete list of documents needed for the subclass 500 application, use the subclass 500 document checklist. For rules about changing course or provider without breaching conditions, read the changing course or provider guide.
The ESOS National Code framework
The ESOS Act 2000 and National Code 2018 set the regulatory framework. Standard 8 requires providers to monitor course progress, identify at-risk students, and implement intervention strategies. Standard 9 requires attendance monitoring. These standards underpin the s.19 reporting obligation and the s.20 cancellation notice process. Providers must inform students of requirements at course start and follow a structured intervention process before issuing a s.20 notice. Understanding the immigration regulations that govern your student visa is essential for maintaining compliance. The Migration Act and Migration Regulations set out your legal requirements as a student, including the condition 8202 obligations described in this guide. Government regulations under the ESOS framework are designed to protect the integrity of the student visa program while ensuring education providers maintain high standards. If you are unsure about any visa condition, consult the Department of Home Affairs website or speak with a registered migration agent rather than relying on advice from friends or online forums, as the consequences of a breach — including visa cancellation and a three-year re-entry bar — are serious and can affect your ability to travel to Australia in the future for any purpose.
If a provider issues a s.20 notice without following proper intervention, the student may challenge the cancellation through the provider's internal complaints process or the ART. Keep records of all correspondence with your provider, including intervention notices and your responses.
What to do if you receive a s.20 notice
A s.20 notice states the proposed cancellation grounds and gives 28 days to respond. Include: why the breach occurred, evidence of compassionate circumstances, and your plan to return to compliance. If the provider accepts, the CoE is maintained. If not, the CoE is cancelled and Home Affairs may cancel your visa under s.116 of the Migration Act, triggering a NOICC process with further response opportunities.
If your visa is cancelled, apply to the ART for review. You may be eligible for a bridging visa E during this process. Time limits are strict at each stage.
Maintaining records throughout your studies
Your best protection against a condition 8202 breach is keeping organised records from the start of your studies. Maintain a file with: your enrolment confirmation and CoE, attendance records (or screenshots from the provider's system), course progress reports and grades, any correspondence with the provider about your studies, and medical certificates or other evidence if you face compassionate circumstances. This evidence is critical if you need to respond to a s.20 notice or challenge a cancellation.
Organising your documentation chronologically in a dedicated folder ensures you can produce evidence quickly if Home Affairs requests a compliance check or your provider escalates to a formal section 20 notice. Keeping digital copies and a physical backup folder gives you multiple access points when time is critical for responding to a compliance notice within the 28-day deadline.
If you take a break from study for medical or personal reasons, ensure you have formal approval from your provider. Unauthorised breaks may be treated as a withdrawal from the course, which triggers a CoE cancellation and a condition 8202 breach. If you need to suspend your studies, request a formal leave of absence or deferral through your provider's student services office and keep the written approval on file.
How to check your current enrolment status
You can verify your enrolment and attendance status through the Provider Registration and International Student Management System (PRISMS), which your provider uses to report enrolment and attendance data to Home Affairs. Request a current enrolment statement from your provider's international student support office. This statement shows your CoE status, course start and end dates, and any attendance or progress warnings on your record. If you see a warning or "at risk" status, act immediately before the provider escalates to a s.20 notice. You should also check the status of your student visa online through your ImmiAccount or the Visa Entitlement Verification Online (VEVO) system to confirm your visa is still in effect.
What to do if your CoE is cancelled
If your provider cancels your CoE for breaching condition 8202, the first step is to check whether the provider followed proper procedures. The provider must have issued an at-risk notice and offered intervention before proceeding to cancellation. If the provider skipped steps or did not give you a reasonable opportunity to respond, you may challenge the cancellation through the provider's internal complaints process. If the provider followed the correct process and still cancelled the CoE, you should contact Home Affairs immediately to discuss your options, which may include applying for a bridging visa or making representations to retain your visa.
If your student visa is also cancelled under section 116 of the Migration Act, you will receive a Notice of Intention to Consider Cancellation, which gives you a further opportunity to respond. A visa cancellation triggers a three-year exclusion period under public interest criterion 4013, meaning you cannot be granted certain other visas during that period. You may apply to the Administrative Review Tribunal for a merits review of the cancellation decision, but you must do so quickly as the time limits for lodging an ART application are strict. Seek legal advice from a registered migration agent as soon as possible after receiving a cancellation notice.
Official sources to check
Rules, forms, fees, and processing policies can change. Check the official source before filing, travelling, starting work, signing a lease, or paying a government fee.
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Start review ->Frequently asked questions
What happens if I breach condition 8202?+
Your education provider must report the breach to Home Affairs under section 19 of the ESOS Act. If the breach is serious or continues, the provider will issue a section 20 cancellation notice, which starts the process of cancelling your CoE. A cancelled CoE makes your student visa liable for cancellation under section 116 of the Migration Act. If your visa is cancelled, you may face a three-year exclusion period.
Can I apply for a new visa after condition 8202 cancellation?+
It depends. If your visa was cancelled under section 116 for breaching condition 8202, you may face a three-year bar on applying for certain further visas under PIC 4013. If you voluntarily departed before cancellation, the bar may not apply. Check with Home Affairs or a registered migration agent before making any further visa applications after a cancellation.
What attendance rate does condition 8202 require?+
The ESOS National Code 2018 requires education providers to monitor attendance and course progress. While condition 8202 itself does not specify a minimum attendance percentage, providers typically set internal attendance policies. If you fall below the expected attendance or progress standard, your provider must intervene under the "at risk" framework. If you do not respond to the intervention, the provider reports the breach to Home Affairs.
Does condition 8202 apply during scheduled breaks?+
No. Condition 8202 applies during active study periods. During scheduled holiday breaks, you do not need to attend classes or make course progress. However, you must remain enrolled in a registered course — do not cancel your enrolment during a break assuming you can re-enrol later.
Can compassionate circumstances excuse a condition 8202 breach?+
Yes, in some cases. If you experienced compassionate or compelling circumstances (serious illness, family bereavement, natural disaster) that affected your attendance or progress, your provider may take these into account before issuing a section 20 notice. Provide medical certificates, death certificates, or other evidence to your provider's international student support office as soon as the issue arises.
What is the difference between condition 8202 for students and 8202 for other visas?+
Condition 8202 appears on most student visas (subclass 500) and also on some training and research visas. On the subclass 500, it requires: maintaining enrolment in a registered CRICOS course, meeting the provider's attendance and course-progress requirements, and not changing to a non-CRICOS course without a new visa. On other visa subclasses, the condition may have different requirements.
How does a provider report a condition 8202 breach?+
Under section 19 of the ESOS Act, the provider must report the breach to Home Affairs through the Provider Registration and International Student Management System (PRISMS). The report triggers a section 20 notice to the student, which gives the student 28 days to explain why the CoE should not be cancelled. If the student does not respond, or the response is not accepted, the CoE is cancelled and Home Affairs can cancel the visa.
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