From 1 July 2023, work restrictions for subclass 500 student visa holders will be apply again
The COVID-19 pandemic saw the removal of restrictions on the hours that student visa holders could work. This allowed all student visa holders to work more than the normal limit of 40 hours per fortnight to help address workforce shortages.
The re-introduction of work restrictions for student visa holders, including their adult family members/dependents, on 1 July 2023 will cap the number of working hours to 48 hours per fortnight.
According to the Department of Home Affairs (“DoHA”), the cap on working hours for student visa holders is to ensure “that student visa holders are able to focus on obtaining a quality Australian education and qualification”.
You can read the full DoHA announcement here.
Exception to work restrictions for student visa holders
There is one exception to the work restrictions. For student visa holders already working in the aged care sector on 9 May 2023, they can continue to work unrestricted hours in the aged care sector until 31 December 2023.
Implications for student visa holders
Student visa holders, including their adult family members/dependents who are secondary applicants, must not work more than 48 hours per fortnight after 1 July 2023.
Some questions KU Legal has been asked by student visa holders are:
Q: Can I work 48 hours per fortnight for two different employers?
A: No – you must not work more than 48 hours per fortnight total, regardless of how many employers you have.
Q: Can I work 48 hours per fortnight as an employee, then work more as a sole-trader with an ABN?
A: No – you must not work more than 48 hours per fortnight total, including any hours worked as a sole-trader.
Implications for employers
Employers must continue to follow Australian workplace law as overseas workers, including student visa holders, have the same rights under Australian workplace law as all other employees.
We know that as an employer, you are desperate to keep your current student visa holding employees working as many hours as possible.
Alternative visas for current student visa holders
Although student visa holders will need to reduce their available working hours to 48 hours per fortnight from 1 July 2023, there are some options to consider for current student visa holders to obtain an alternative visa which would allow them to work full-time.
Subclass 482 Temporary Skills Shortage visa
Employers could consider sponsoring eligible employees for a subclass 482 Temporary Skills Shortage visa. Basic eligibility requirements for employees:
- be nominated in a position that is on either the Short-term Skilled Occupation List (“STSOL”) or Medium and Long-term Strategic Skills List (“MLTSSL”);
- have the relevant qualification and at least two years of full-time (or part-time equivalent) relevant work experience; and
- meet the minimum standards of English proficiency.
Subclass 186 Employer Nomination Scheme visa (Direct Entry Stream)
Employers could consider sponsoring eligible employees for a subclass 186 Employer Nomination Scheme visa (Direct Entry Stream). The eligibility requirements for employees are at a higher threshold for this visa:
- be nominated in a position that is on either the Short-term Skilled Occupation List (“STSOL”) or Medium and Long-term Strategic Skills List (“MLTSSL”);
- have at least three years of full-time (or part-time equivalent) relevant work experience;
- achieve a positive skills assessment for the nominated position; and
- have at lease competent English proficiency.
Subclass 407 Training visa
Employers could consider sponsoring eligible employees for a subclass 407 Training visa. This visa has a lower threshold for eligibility criteria as it is intended for those who was to take part in workplace-based occupational training activities to improve their skills, and who don’t yet have the work experience to apply for either of the above visas.
They will still need to be nominated by an employer, with requirements differing based on the type or purpose of training, however they only require functional English.
Subclass 485 Temporary Graduate visa
Current student visa holders who are close to graduating, or who have graduated in the last 6 months, either with skills and qualifications that are relevant to specific occupations Australia needs or with a degree from an Australian institution, may consider applying for a subclass 485 Temporary Graduate visa.
Subclass 408 Temporary Activity (“Covid”) visa
If your visa is close to expiry, you may wish to consider this visa which will allow you up to 12 months of unlimited work rights. You require a job offer or must have existing employment to be eligible for this visa. However, beware as this visa option may soon be shot down given that we are now a few years past the crisis of Covid.
If you’re a current student visa holder or an employer of student visa holders and want to discuss your options, please contact the migration specialists at KU Legal:
+61 (0) 429 133 911
jb@kulegal.com.au
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