News & Insights

Changes abound regarding how many hours per fortnight a student can work on an Australian student visa.

Prior to the pandemic, Australian student visas holders had working restrictions as a condition of their visa, which restricted students to working a maximum of 40 hours per fortnight while undergoing their studies. These conditions were relaxed during the later parts of the pandemic to permit student visa holders to work full time. However, the Government has now indicated that working restrictions will be returning.

What restrictions will be coming into play?

Earlier this month, the Government announced that student visa work restrictions, which had been relaxed throughout the pandemic, will come to an end on 30 June 2023. Up until 30 June 2023, student visa holders will be permitted to work full time hours.

This means that the 40 hour per fortnight work condition will come back in full effect resulting in a number of businesses that are already suffering the consequences of labour shortages being further inhibited by current student employees having to reduce their hours while their courses are in session.

Changes to address labour shortages

In response to the difficulties businesses will face when these relaxations end, the Government have advised from 1 July 2023, the student work restriction will be increased to 48 hours a fortnight which is a welcome addition while the country grapples with a continuing labour shortage.

Students must still balance their study and attendance commitments of their course with their work commitments but will now be able to work an extra day a fortnight which is a welcome addition to businesses as well as for students with the rising cost of living.

Employers must stay vigilant to remain compliant

It is important for businesses that employ student visa holders to be aware of this change to avoid committing an offence under the employer sanctions legislation in the Migration Act. Employers must ensure that they do not employ a visa holder in breach of their work rights to remain compliant with the relevant provisions in the Migration Act.

If you have any questions about the changes to visa laws, the Employment, Safety and Migration team at Macpherson Kelley are well placed to assist. Please do not hesitate to contact us.

The information contained in this article is general in nature and cannot be relied on as legal advice nor does it create an engagement. Please contact one of our lawyers listed above for advice about your specific situation.