Australia Increases Work Hours Limit for International Students; Revised Cap Applies from July 1, 2023
The Australian government has announced an increase
in the work hours limit for international students. The change in the
permissible part-time work hours will allow international students to work 48
hours instead of 40 hours per fortnight.
The revised cap will come into effect from July 1
this year. The move is expected to address the skill shortage problem in the
country.
Clare O’Neil, the Australian Minister for Home
Affairs, said, “After a lost decade on immigration and skills, we are looking
for ways to utilize skilled migrants via enhanced training and better targeted,
less exploitative programs for temporary visa workers and students.”
In addition to the 8 hours increase in the work
hours per fortnight, Australia has also announced a two-year post-study work
visa extension starting July 1.
The post-study work rights extension will apply to
international graduates from areas officially recognized under skill
shortage.
In January 2022, the Australian government lifted
the cap on international students’ work hours. However, the limit will be
re-introduced from July 1, 2023.
Safeguarding international students’ rights
The
Government is committed to addressing exploitation of migrant workers in all
sectors and is aware of the risks of exploitation that international students
can face, where limited work hours are a condition of their visa.
The
Government has agreed to the recommendations in the Post-Study Work Rights
Report which address these risks:
· Ensuring the
needs of student and graduate visa holders are considered when developing the
package of reforms to address migrant worker exploitation expected in 2023.
· Ensuring
information about the role of the Fair Work Ombudsman in securing workplace
rights and protections for all workers in Australia is available to
international students and graduates.
The Fair Work Ombudsman
If
an international student is being exploited in the workplace, they should
contact the Fair Work
Ombudsman,
who will be able to support them. The Assurance
Protocol
applies to temporary visas with work
restrictions, including the Student visa (subclass 500). This allows
international students to seek help from the Ombudsman without fear of visa
cancellation, even if they have breached their visa conditions.
Employers are not able to cancel visas, even if you
have breached your visa conditions. If you are being exploited in your
workplace, please contact the Fair Work Ombudsman as soon as possible.
For more information about international students’
rights in the workplace, consult the Fair Work
Ombudsman international student’s fact sheet.
Frequently asked questions
Does the cap apply to all international students, or just new
students who begin their courses after 1 July 2023?
The cap will apply to all international students, no
matter when they began studying.
Why is the Government reinstating the cap on working hours?
The relaxation of the working hour cap was a temporary
measure during the pandemic to allow students to bolster their income while
helping to meet labour shortage. The primary purpose of a student visa is to
study in Australia. The working hour cap is intended to balance international
students’ need to support themselves and gain work experience in Australia with
their main purpose, which is to study in Australia.
What should I do if my employer is threatening me with visa
cancellation for working too many hours in a fortnight?
You should contact the Fair Work Ombudsman. Your
employer cannot cancel your visa, and the Department of Home Affairs will not
cancel your visa for reporting workplace exploitation to the Fair Work
Ombudsman, even if you have worked more than the allowed number of hours in a
fortnight.
Get help from our verified visa consultants on www.immigratie.in
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