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The temporary relaxation of work restrictions for student visa holders is scheduled to come to an end on 30 June 2023. As of this date, certain limitations will be reinstated on the number of hours that student visa holders can work. These limitations are designed to encourage students to focus on obtaining a high-quality Australian education and qualification.
Unrestricted work rights for Student Visa holders to end on 30 June 2023.
Until 30 June 2023, both current ongoing students and newly arrived students, including secondary applicants, are permitted to work beyond the usual 40-hour limit per fortnight in any sector of the economy, even prior to the commencement of their course of study.
It is imperative for students to remain informed about any modifications to their visa conditions, including their work rights. For more detailed information, please refer to the official media release entitled “Post-study work rights for international students to boost skills“.
Guidelines for Students
Even though there is flexibility in the number of hours you can work, it is crucial to maintain a balance between your study and work commitments.
As a student visa holder, you must still adhere to the following requirements:
- Maintain your course enrolment.
- Ensure satisfactory course attendance.
- Maintain satisfactory course progress.
Failure to meet these conditions, such as canceling enrollment, not attending classes, or falling behind in course progress, may result in a breach of your visa conditions.
Guidelines for Employers
Employers must continue to comply with Australian workplace law. Overseas workers, including international students, are entitled to the same rights under Australian workplace law as all other employees.
While these temporary measures are in place, the Department of Home Affairs and Australian Border Force will:
- Exercise discretion under s116(1)(b) of the Migration Act 1958, meaning they will not cancel the visas of students who work more than 40 hours each fortnight to support your organization.
- Not refer student visa holders for investigation under s235 of the Migration Act 1958 for potential offenses related to exceeding their work hour limits.
- Not refer you or any relevant third-party labor hire companies as employers for investigation under s245AC of the Migration Act 1958 for potential offenses related to allowing a student visa holder to work in breach of their visa conditions.
Please note that these changes are temporary, and it is important for students and employers to stay updated with any future developments regarding visa conditions and work rights.
