Until the end of June 2023 Subclass 500 student visa holders in Australia can work full-time due to the relaxation of the working conditions attached to their visas.
This means that employers in Australia can employ student visa holders without having to manage the working hours restrictions which normally apply while the student’s course is in session.
Why are student visa holders’ work conditions relaxed until June 2023?
In an effort to relieve skills shortages around Australia, the Minister for Home Affairs Clare O’Neill and the Minister for Immigration and Citizenship Andrew Giles announced at the Jobs and Skills Summit that it would continue the relaxation of student visa working conditions until June 2023. The relaxation policy was announced by the previous government earlier in 2022.
This decision provided certainty for employers of Subclass 500 visa holders and the visa holders themselves. They are able to rely upon this relaxation policy for many months so that the labour and skills of people already living in Australia can continue to be relied upon in the labour market.
What conditions normally apply to Subclass 500 visas?
The majority of Student visa holders in Australia have a work condition applied to their visa which restricts the hours they are allowed to work while their course is in session. It also usually requires that they commence their course before commencing work when they first arrive in Australia or have a student visa granted.
The condition limits student visa holders to no more than 40 hours of work per fortnight during course time. This means employers must carefully manage the working hours of Subclass 500 visa holder employees so that they do not go over 40 hours in any period when their course is being conducted and breach visa conditions.
While there are cancellation implications for student visa holders that breach the work restriction, employers may be subject to penalties under the Employer Sanctions Act 2013 (Cth). This act applies penalties to organisations that employ visa holders in breach of their visa conditions.
What does this mean for businesses and individuals?
Student visa holders may work without restriction during the period until the end of June 2023. It is important that student visa holders maintain course attendance and achievement so that they comply with other strict visa conditions.
Employers should, as always, check the status of any visa-holder employee on VEVO and make a note to review employment hours after June 2023.
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