Work Restrictions for Student Visa Holders
Jun 30, 2023
Work restrictions for student visa holders
(Source: Australian Government | Department of Home Affairs)
The Australian Government has announced some important changes with work restrictions for student visa holders which are effective from Saturday 1 July 2023.
What does this mean for student visa holders?
Work restrictions for student visa holders will be capped at the increased rate of 48 hours per fortnight.
This ensures that student visa holders are able to focus on obtaining a quality Australian education and qualification.
The aim is that as a student visa holder, you will still be able to support themselves financially, gain valuable work experience and contribute to Australia’s workforce needs.
A bit of background:
Student visa work restrictions were temporarily removed in January 2022 in an effort to alleviate widespread labour shortages caused by COVID border closures and lockdowns.
Based on an 8-hour shift, these new changes will mean a student visa holder can work a maximum of three x eight-hour shifts per week.
Important info for students:
If you’re a student, it’s important you:
- Maintain their course enrolment
- Ensure satisfactory course attendance
- Ensure satisfactory course progress.
Student visa holders who cancel their enrolment and stop attending classes, or fail to meet satisfactory course progress, may be in breach of their visa conditions.
Important info for employers:
As an employer, you have important obligations including:
- Continuing to follow Australian workplace law, understanding that overseas workers, including international students, have the same rights under Australian workplace law as all other employees.
- While these measures are in place, the Department of Home Affairs and Border Force will
- Exercise their discretion under s116(1)(b) of the Migration Act 1958. This is to not cancel the visas of students who work more than 40 hours each fortnight to support your organisation
- Not refer student visa holders for investigation of any potential offence under s235 of the Migration Act 1958. This might relate to the hours worked by a student visa holder in breach of their visa conditions
- Not refer you or relevant third-party labour-hire companies, as an employer, for investigation of any potential offence under s245AC of the Migration Act 1958. This might relate to allowing a student visa holder to work in breach of their visa conditions.
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