From 1 July 2023, work restrictions for student visa holders will be re-introduced.
Student visa work restrictions were relaxed throughout the pandemic, and completely removed in January 2022 to allow primary and secondary student visa holders to work over their normal limit of 40 hours per fortnight to address workforce shortages.
The Australian Government has announced that student visa holders already working in the aged care sector on 9 May 2023 can continue to work unrestricted hours in the aged care sector until 31 December 2023.
From 1 July 2023, work restrictions for all other student visa holders will be re-introduced and 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, while remaining able to support themselves financially, gain valuable work experience, and contribute to Australia’s workforce needs.
For more information see our media release Addressing skills shortages in key industries and rebuilding the international education sector.
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.