Unrestricted Work Rights For Student Visa Holders Extended Until 30 June 2023
To address workforce shortages, student visa work hours restrictions have been temporarily relaxed. This will end on 30 June 2023.
Until 30 June 2023, all ongoing students as well as new student arrivals and secondary applicants are able to work more than 40 hours a fortnight in any sector of the economy and work before their course of study commences.
After the 30 June 2023, the number of hours a Student visa holder will be allowed to work will again be capped. The number of hours a Student visa holder works, ensures that Students focus on obtaining a quality Australian education and qualification.
Students must make sure they are aware of any changes to visa conditions, including work rights.
Information for students
You must continue to balance your study and work commitments even though there is flexibility in the number of hours you can work.
Students must still:
• maintain their course enrolment
• ensure satisfactory course attendance, and
• 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.
Information for employers
Employers must continue to follow Australian workplace law. 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 Australian 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.