BREAKING NEWS – Removal of the 40-hour-a-fortnight cap on student visa-holder workers
The Prime Minister announced on 13 January 2022 that the Commonwealth had lifted the 40 hour per fortnight work limitation placed on international students.
The writer submits that legislative changes will be required to implement these changes, and this may take some further time to be released. Currently Division 500.6 sets out Student visa conditions.
The only information available is via a media transcript by the Prime Minister which does not have any legislative weight and we do not know how this arrangement will operate.
Source: The media transcript by the Prime Minister : https://www.pm.gov.au/media/press-conference-canberra-act-37
Condition 8104/8105 – Limited work (students and family members)
Conditions 8104 is mandatory for all student visas granted to secondary applicants. Conditions 8105 is mandatory for all student visas granted to primary applicants.
8105
(1A) The holder must not engage in any work in Australia before the holder’s course of study commences.
(1) Subject to subclause (2), the holder must not engage in work in Australia for more than 40 hours a fortnight during any fortnight when the holder’s course of study or training is in session.
(2) Subclause (1) does not apply:
(a) to work that was specified as a requirement of the course when the course particulars were entered in the Commonwealth Register of Institutions and Courses for Overseas Students; and
(b) in relation to a student visa granted in relation to a masters degree by research or doctoral degree if the holder has commenced the masters degree by research or doctoral degree.
(3) In this clause: fortnight means the period of 14 days commencing on a Monday.
8104
(1) The holder must not engage in work for more than 40 hours a fortnight while the holder is in Australia.
(2) If the holder is a member of the family unit of a person who satisfies the primary criteria for the grant of a student visa the holder must not engage in work in Australia until the person who satisfies the primary criteria has commenced a course of study.
(3) If the course of study mentioned in subclause (2) is for the award of a masters or doctoral degree, then despite subclause (1), the holder may engage in work for more than 40 hours a fortnight while the holder is in Australia.
(4) In this clause: fortnight means the period of 14 days commencing on a Monday.
Dinesh Weerakkody LLB; PDLP
Barrister & Solicitor (An Australian Legal Practitioner)
An Australian Migration Lawyer (Former MARA# 0742843)
Former Lecturer │ Unit Convenor │ Swinburne University Law School
Academic in Law│ Deakin University
President – LawHelp Australia
Former Treasurer – Eastern Suburbs Law Association (ESLA) of LIV
Law Institute Migration Law Committee – Member
Executive producer: CH31 TV LawHelp programme