Does Dependents of Student Visa (Subclass 500) Have Limited Work Rights (8104 Condition)?
Did you know that hiring family members of international students comes with great opportunities and responsibilities? They can bring valuable skills to your workforce. However, navigating their work rights and visa conditions is essential to ensuring compliance with Australian immigration laws and protecting your business. We will cover everything you need to know, from work restrictions to compliance checks, giving you the confidence to hire secondary visa holders while following legal obligations.
Who is considered a secondary student visa (Subclass 500) holder?
Secondary visa holders or dependents under Student Visa (Subclass 500), also known as Member of Family Unit (MoFU), consist of the main applicant’s spouses, partners or dependent children.
Do Dependents have any work rights limitations?
Since 1 July 2023, work restrictions for primary student visa holders' condition 8105 have been re-introduced and capped at the increased rate of 48 hours per fortnight. A fortnight means a period of 14 days starting on a Monday.
For dependents on student work hours
Their visa grant will include an 8104 visa condition, which means dependents cannot work more than 48 hours per fortnight if the primary applicant is studying. Additionally, they cannot start work until the primary student visa holder has started their course.
However, family members of the following students are exempted and can work unlimited hours once the primary student visa holder has started their course:
students studying a master’s by coursework or research degree
students studying for a doctorate degree.
What do I, as an Employer, Need to know?
Employers must understand the student visa dependent’s work hour limitation and entitlement and their compliance requirements.
Before offering employment to a secondary visa holder, check whether the visa holder has work entitlement. It is advisable to conduct a visa verification check often to ensure the visa remains valid, as the visa status depends on the partner’s studies. Student visas are frequently cancelled due to failure to meet visa conditions such as course requirements, and in such cases, employers are often the last to be informed of the cancellation.
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How Can Agape Henry Crux Help
These changes underscore the importance of strategic visa planning for those on Student or Graduate visas. Contact us at Agape Henry Crux, our Accredited Specialist Immigration Lawyer(s), and our team of immigration lawyers and migration agents specialising 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, Mandarin, Cantonese and Malay. If this isn’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
