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March 1, 2021

Amendment 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 amendment of working hours for student visa holders.

From now on the Department of Home Affairs will be taking a flexible approach to student visa holders working beyond the usual work limitations in certain fields. Under normal circumstances Student visa holders are not allowed to work for more than 40 hours per fortnight (condition 8105 – work rights) as part of the visa condition. However,

now a student can work for ​more than 40 hours a fortnight if he or she is:

  • employed by an aged care Approved Provider or Commonwealth-funded aged careservice 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 courseand is supporting the health effort against COVID-19, as directed by health officials
  • employed in the agricultural sector

 

While there is a temporary relaxation of the rules for students, employers are still expected to follow Australian employment law. 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.

More information may be found here: https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/student-500/temporary-relaxation-of-working-hours-for-student-visa-holders

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