Work restrictions for student visaholders
20 October 2023

Work restrictions for student visa holders

From 1 July 2023, student visa holders will be restricted to 48 hours of work a fortnight.

From 1 July 2023, student visa holders can work no more than 48 hours a fortnight while studying. Student visa
holders have no work restrictions when their course of study or training is not in session. This ensures that student
visa holders are able to focus on obtaining a quality Australia education and qualification, while remaining able to gain valuable work experience, and contribute to Australia’s workforce needs.

Student visa work restrictions were relaxed throughout the pandemic, and completely removed in January 2022.
This allowed student visa holders to work over their normal limit of 40 hours per fortnight to address workforce
shortages. This ended on 30 June 2023.

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.

For more information see our media release Addressing skills shortages in key industries and rebuilding the international education sector 

Information for students

Students must know their visa conditions, including work rights. Your work rights may be impacted by your course
level and the visa you held when you applied for your student visa. To see the work conditions of your visa, check
VEVO (/visas/already-have-a-visa/check-visa-details-and-conditions/overview).

You must continue to balance your study and work commitments.

Students must still:

  • maintain their course enrolment
  • ensure satisfactory course attendance
  • ensure satisfactory course progress.

Student visa holders who cancel their enrolment, 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:

  • not cancel the visas of students who work more than 48 hours a fortnight in the aged sector, under s116(1)(b) of
    the Migration Act 1958
  • not refer student visa holders working in the aged care sector 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 a student working in the aged care sector 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).

 

 

Mani