Temporary relaxation of working hours for student visa holders

COVID-19 has introduced a lot of changes into migration law. One of the latest changes to the law is the relaxation of working hours for student visa holders. Together with the Australian Border Force, the Department of Home Affairs will be taking a flexible approach to student visa holders working beyond the usual work limitations.

Student visa holders are not allowed to work for more than 40 hours per fortnight (8105 condition- work rights) as part of the visa condition. However, there is now a temporary relaxation of the rules in certain circumstance.

You can work for ​more than 40 hours a fortnight if you are:

• employed by an aged care Approved Provider or Commonwealth-funded aged care service provider with a RACS ID or a NAPS ID, before 8 September 20​20
• employed by a registered National Disability Insurance Scheme provider (NDIS)
• enrolled in a health care related course and you are supporting the health effort against COVID-19, as directed by health officials
• employed in the agriculture sector

​NDIS providers

There is no requirement for NDIS providers to register with the Department of Home Affairs. These providers should see the letter provided to them by the NDIS Commission for further details. See a list of NDIS providers​.

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.

These temporary measures will be reviewed by the government regularly. Employers will be advised when these measures no longer apply.

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 to not cancel the visas of students who work in excess of 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 that 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 that might relate to allowing a student visa holder to work in breach of their visa co​ndi​tions.​​

Whilst there is a relaxation of the rules, employers are still expected to follow Australian employment law.

Students who intend to work more than 40 hours per fortnight should discuss an arrangement with the employer. Students are not required to place an application to work more hours.

During this period, Department of Home Affairs and the Australian Border Force will exercise their discretion not to cancel a student visa if they work more than 40 hours per fortnight.

Previous update: Student visa holders able to work more hours

More information

Working in Australia after you graduate

If you’re interested in staying in Australia to work after you graduate, you’ll need to get a new working visa before your student visa expires. As a graduated international student you may be eligible for:

• The Post-Study Work stream of the Temporary Graduate Visa (subclass 485) if you have completed a Bachelor, Masters or Doctoral degree.
• To submit an Expression of Interest through the Australian Government’s SkillSelect, seeking approval to stay in Australia as a professional worker.
• State and territory government nomination for skilled and business migration.