Student Visa Work Rights Increasing to 48 hours Per Fortnight

If their visas are restricted, holders of student visas (subclass 500 – Student visas) will be permitted to work up to 48 hours per fortnight starting on July 1, 2023. This occurs on the same day that student visa holders’ unlimited employment rights—a temporary solution to deal with the labour shortages brought on by the pandemic—are repealed on June 30, 2023.

Both primary and secondary student visa holders are subject to work restrictions. Without exception, holders of student visas are only permitted to work in Australia after the course for which the visa was issued has started. If a person had a visa (including a bridging visa) that allowed them to work in Australia when they applied for their visa, they were free from waiting.

Work restrictions do not apply to primary student visa holders pursuing a master’s by research or doctorate degree, other from when they can begin working in Australia. Moreover, job restrictions do not apply to any work that is indicated as a requirement for their CRICOS certified course. When their course is not in session, primary student visa holders are permitted to work at any job they want. Except in cases where the primary student visa holder is pursuing a master’s (coursework or research) or doctorate degree, secondary student visa holders are subject to a general visa condition that limits their ability to work beyond 40 hours per fortnight.

According to the notification, the maximum number of working hours for primary and secondary student visa holders will increase from 40 to 48 per fortnight on the day that the limitless work limits are drawn down. All those with student visas, regardless of when their visa was issued, must comply with this. The Migration Regulations 1994 (Cth) and visa requirements 8104 and 8105 are anticipated to be changed as this is most likely a long-term solution.

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