Due to workforce shortages, there is a temporary relaxation of student visa work limits to all sectors of the economy.
This is a temporary arrangement and will be reviewed by the Government in April 2022.
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.
Previous Student Visa Conditions of Work Rules for International Students
International students in Australia on a valid student visa can work for up to 20 hours per week while school is in session, and there is no limit on the number of hours an international student can work during recognized school vacations.
A work week in Australia is considered to be Monday through the following Sunday. Although they are allowed to arrive in Australia up to 90 days before their course begins, students are not allowed to begin working until after their courses have begun.
Work Rule Changes for Australian Student Visa Holders
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.
Information for Australian Student Visa Holders
International students 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.
The Priority Migration Skilled Occupation List
The 44 occupations (ANZSCO code) are:
- Chief Executive or Managing Director (111111)
- Construction Project Manager (133111)
- Accountant (General) (221111)
- Management Accountant (221112)
- Taxation Accountant (221113)
- External Auditor (221213)
- Internal Auditor (221214)
- Surveyor (232212)
- Cartographer (232213)
- Other Spatial Scientist (232214)
- Civil Engineer (233211)
- Geotechnical Engineer (233212)
- Structural Engineer (233214)
- Transport Engineer (233215)
- Electrical Engineer (233311)
- Mechanical Engineer (233512)
- Mining Engineer (excluding Petroleum) (233611)
- Petroleum Engineer (233612)
- Medical Laboratory Scientist (234611)
- Veterinarian (234711)
- Hospital Pharmacist (251511)*
- Industrial Pharmacist (251512)*
- Retail Pharmacist (251513)*
- Orthotist or Prosthetist (251912)
- General Practitioner (253111)
- Resident Medical Officer (253112)
- Psychiatrist (253411)
- Medical Practitioners nec (253999)
- Midwife (254111)
- Registered Nurse (Aged Care) (254412)
- Registered Nurse (Critical Care and Emergency) (254415)
- Registered Nurse (Medical) (254418)
- Registered Nurse (Mental Health) (254422)
- Registered Nurse (Perioperative) (254423)
- Registered Nurses nec (254499)
- Multimedia Specialist (261211)
- Analyst Programmer (261311)
- Developer Programmer (261312)
- Software Engineer (261313)
- Software and Applications Programmers nec (261399)
- ICT Security Specialist (262112)
- Social Worker (272511)
- Maintenance Planner (312911)
- Chef (351311)
* Indicates occupation added in July 2021
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.
Flexible arrangements regarding start dates due to COVID-19
The Department understands that some students may not be able to start their course of study on time due to COVID-19 restrictions. Make sure your education provider knows that you cannot start your studies due to COVID-19 restrictions. There are options that can ensure you are not in breach of your visa conditions. Your education provider can tell you what options are available to you for your situation.
If you hold a Student visa, make contact with your education provider if you cannot travel due to COVID-19 restrictions. Make sure that you are enrolled in an approved course of study at all times.
Need help with getting Australian Visas or Visa Appealing?
NO BORDERS LAW GROUP: #1 TRUSTED MIGRATION LAWYERS
Email: [email protected]
Tel: +61 (07) 3876 4000
Consultation: https://www.noborders-group.com/form/free-consultation
We will help you by exploring visa options and securing applications. We will assess the eligibility of the application for a partner visa, and provide you with detailed advice on your chances of success. If you would like to discuss your visa options and evaluate the pathway to permanent residency, please make an enquiry or book a consultation to get expert advice with one of our knowledgeable and experienced Migration Agents/Lawyers on 07 3876 4000 or email: [email protected].