The number of hours international students can work will be raised

“The Government will increase the allowable work hours cap from 40 hours per fortnight to 48 hours per fortnight. This modest increase will help students to support themselves financially, gain valuable work experience and contribute to Australia’s workforce needs while they study. The cap will take effect from 1 July 2023.”

The Hon Clare O'Neil MP

Minister for Home Affairs

Tuesday, 21 February 2023

Work limitations for holders of student visas

Beginning on July 1st, 2023, work restrictions for student visa holders will be reinstated.

To address labour shortages, student visa work limitations were loosened during the epidemic and eliminated entirely in January 2022, allowing primary and secondary student visa holders to work beyond their customary limit of 40 hours per fortnight. This will conclude on June 30, 2023.

Beginning on July 1, 2023, student visa holders' employment limitations will be reinstated and raised to 48 hours per fortnight. This guarantees that student visa holders can focus on receiving a quality Australian education and certification while supporting themselves financially, gaining essential job experience, and contributing to Australia's labour needs.

FOR STUDENTS

Even if there is flexibility in the number of hours you can work, you must balance your studies and employment obligations.

Students must still:

• maintain their enrolment in courses

• ensure satisfactory course attendance, and

• ensure satisfactory course progress.

Visa conditions may be violated if a visa holder cancels their enrollment, stops attending classes or fails to make adequate course progress.

FOR EMPLOYERS

Employers must adhere to Australian workplace law in perpetuity. Under Australian labour legislation, overseas workers, including international students, have the same rights as any other employees.

During the implementation of these measures, the Department of Home Affairs and the 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.

The Fair Work Ombudsman

Students studying abroad who are victims of employment exploitation should seek assistance from the Fair Work Ombudsman.

Temporary visas, such as student visas with employment restrictions, are covered under the Assurance Protocol (subclass 500). This means overseas students who have broken their visa terms can still seek help from the Ombudsman without worrying about revoking their visa.

If you have violated your visa's terms, your employer cannot cancel it. Please report any workplace abuse to the Fair Work Ombudsman immediately.

Frequently asked questions

1. Do all overseas students fall under the cap or only those who start their studies after July 1, 2023?

No matter when they enrolled, the limit will be enforced for all international students.

2. Why is the government reimposing the limit on weekly work hours?

With the epidemic causing a temporary lack of workers, the limit on students' hours was temporarily lifted. A student visa is granted primarily for the purpose of academic study in Australia. The goal of the work limit is to strike a balance between the needs of international students to earn money and obtain work experience while in Australia and their primary objective of attending university there.

If my employer threatens to cancel my visa because I've worked more than 120 hours in a fortnight, what should I do?

The Fair Work Ombudsman should be contacted. Even if you have worked more than the permitted amount of hours in a fortnight, your employer or the Department of Home Affairs cannot terminate your visa for reporting workplace exploitation to the Fair Work Ombudsman.

Source:

Department of Home Affairs

Department of Education

FEB 23RD, 2023