Your Working Rights on a Student (Subclass 500) Visa
If you are granted a Student (subclass 500) visa, there are several conditions that must be imposed under clauses 500.611 and 500.612 of the Migration Regulations 1994 (Cth) (‘the Regulations’).
Among these conditions that must be imposed, including the conditions which stipulate your working rights when you are in Australia.
It is extremely important that you understand these conditions as under section 116(1)(b) of the Migration Act 1958 (Cth) (‘the Act’), if you do not comply with the conditions that have been imposed, your student visa may be cancelled.
The Primary Applicant’s Working Rights
The conditions imposed differ depending on whether one is a primary visa holder or a secondary visa holder. As the primary visa holder, under clause 500.611(1)(a) of the Regulations, condition 8105 (work restriction) must be imposed.
Under Schedule 8 of the Regulations, this means that the following work restrictions will apply:
You must not work in Australia before your course of study begins.
This restriction will not apply if, when you applied for your Student (subclass 500) visa, you held a substantive visa or bridging visa that allowed you to work.
During your course of study, you must not work for more than 40 hours (due to be increased to 48 hours from 1 July 2023) during a period of 14 days, where every 14-day period begins on a Monday.
This restriction does include work that is required for your course of study.
This restriction does not apply if you are completing a Master’s degree by research or a PhD.
The Secondary Applicant’s Working Rights
If you are the secondary applicant, that is an applicant who is a member of the family unit of the primary applicant, under clause 500.612(1)(a) of the Regulations condition 8104 (work restriction) must be imposed.
Under Schedule 8 of the Regulations, this means that the following work restrictions will apply:
You must not work in Australia before the primary applicant’s course of study begins.
This restriction will not apply if, at the time the Student (subclass 500) visa application was made, you held a substantive visa or bridging visa that allowed you to work.
You must not work for more than 40 hours during a period of 14 days, where every 14-day period begins on a Monday.
This restriction will not apply if the primary applicant’s course of study is a Master’s degree or a PhD.
Temporary Removal of Working Restriction
The Australian government has temporarily removed these working restrictions for all current and new Student (subclass 500) visa holders due to the current labour shortages and to assist with Australia’s recovery after COVID-19.
This temporary concession will end on 30 June 2023 and the allowable work hours during a 14-day period will increase from 40 hours to 48 hours. Therefore, whether you are the primary or secondary applicant and this restriction previously applied to you, beginning on 1 July 2023 you will now be able to work a maximum of 48 hours during a 14-day period.
How Can Agape Henry Crux Help
If you require any assistance in relation to a Student (subclass 500) visa or you have received a notice of intent to cancel, please contact us.
At Agape Henry Crux, our Accredited Specialist(s) Immigration Lawyers and our team of immigration lawyers and migration agents are specialised in handling highly complex matters. You may schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or email us at info@ahclawyers.com.
We speak fluent English, Korean, Japanese, Mandarin, and Malay. If this isn’t your language, we can also help you arrange an interpreter.
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