Temporary relaxation of working hours for student visa holders
As of today, 20 January 2022 there is a temporary relaxation of student visa work limits to all sectors of the economy. This takes effect immediately for all ongoing students as well as new student arrivals who wish to commence a job prior to course commencement. This means that international students can work before their course commences and work more than 40 hours a fortnight in any sector of the economy. This also includes secondary applicants.
This is a temporary arrangement and will be reviewed by the Government in April 2022. We will keep checking for updates to this and advise clients accordingly.
In addition, if a student visa holder travels to Australia between 19 January to 19 March 2022, they will be eligible for a refund of their visa application charge. Students will be able to apply for a refund up until 31 December 2022. Details of how to apply for a refund will be available shortly.
Information for student visa holders
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.
If you are working or have an offer of employment in a critical sector, and you have finished your course, you may be eligible for a COVID-19 Pandemic (subclass 408) visa. You can only apply for this visa 90 days before your student visa is due to expire.
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 not to 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. 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.
So it's all good news for employers who wish to are currently employing student visa holders.