After the Covid-19 pandemic, we have seen that Australia Government had done a lot of modifications in migration law. The most recent change can be observed in the law of relaxation of working hours for students holding student visas. In collaboration with the Australian Border Force, the Department of Home Affairs is now taking a flexible approach for student visa holders working more than the fixed work time limit in specific fields.
According to 8105 working rights conditions, any student visa holders cannot work for more than 40 hours per fortnight. However, now they are providing certain temporary relaxation in rules under certain conditions.
You can work for more than 40 hours a fortnight under the following conditions:
● You are working with the commonwealth-funded aged care service provider or aged care Approved Provider with a RACS/NAPS ID before 8 September 2020
● If you are working with a registered National Disability Insurance Scheme provider (NDIS)
● If you are currently enrolled in a healthcare-related course and providing and supporting the health care against COVID-19, as directed by health officials
● You are working in the agriculture sector
Employers
Employers must follow the specific Australian workplace law. Under Australian Workplace Law, all have the same rights, which include overseas workers and international students. The government will regularly review these temporary measures and will let the employer know about standards when no longer applicable. The Department of Home Affairs regulates these measures, and Australian Border Force will:
● Under the migration act 1958 116 (1) (b), Home Affairs and the Australian border will exercise their direction not to cancel visas of the students who work more than 40 hours each fortnight to support the organization.
● Under the migration act s235, the home affairs and Australian border will not investigate the visa of the students who worked for hours in case of potential offense
● Under the migration act 1958 s245AC, the home affairs and Australian border will not investigate labor hiring companies for any possible violation, allowing student visa holders to work.
Student work hour restrictions
| Student type | When course is in session | When course isn’t in session |
|---|---|---|
| Coursework students who have started their degree | 40 hours per fortnight | Unlimited hours |
| Graduate researchers who have started their degree | Unlimited hours | N/A |
| AusAwards or Defence students | 40 hours per fortnight | Unlimited hours |
Dependent work hour restrictions
| Dependent type | When course is in session | When course isn’t in session |
|---|---|---|
| Dependants of student visa holders enrolled in a Master or Doctorate degree | Unlimited hours | N/A |
| Dependents of all other student visa holders | 40 hours per fortnight | N/A |
Voluntary work
You can work as a volunteer to have work experience and professional skills. The time spent during voluntary work will not affect your student’s visa work hour limits in certain conditions as mentioned below:
● Your primary aim in Australia is to continue your higher studies, and any other work will be considered as your secondary activity
● If you are willing to do that work and the Australian resident would not estimate it as a job
● You are working for an NGO and not taking any stipend in cash or any in return by them.
Working in Australia after you graduate
Suppose you want to join an organization in Australia only once you become a graduate. It would be best if you had a working visa before your student visa gets expired. Graduate international student is eligible for following.
Extended Working Hours for Students in the Agriculture Industry
The Morrison Government, on 5 January 2021, announced the relaxation of the 40 hours per fortnight rules, which applied to student visa holders. For a student working in the agriculture sector, the permitted work hour will remain 40 hours a fortnight during the semester.
Since there is a lack of labor and workforce to support farmers in Australia, which enforces the change in this law, there would be plenty of WHM who worked during harvest season in the agriculture industry. Covid- 19 pandemic situation had checked the international movements, and in this pandemic situation, international workers are unable to move Australia. As said by Alex Hawke, Minister for Immigration, Citizenship, Migrant Services, and Multicultural Affairs, these changes will allow earning income for temporary visa holders and be helpful for farmers in harvest season to avoid food wastage.
Any temporary visa holder can apply for the COVID-19 Pandemic Event Visa up to 90 days before their current visa runs out. At this moment applicant does not require to show their inability to depart from Australia. If temporary visa holders choose to work in the agriculture sector, it will easier for them to get the COVID-19 Pandemic Event Visa.