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Employing international students – what you need to know about work rights

05 February 2020

#Immigration Law

Rebecca Macmillan

Published by Rebecca Macmillan

Employing international students – what you need to know about work rights

International students are starting to arrive in Australia, ready to start the new school year and eager to find a job. As an employer, it is important you understand the work limitations imposed on international students.

Student visas have a work restriction, condition 8105, which states:

  • the student visa holder must not commence work in Australia before their course of study commences. This means that any student who arrives in Australia a month earlier than the start of their course, must wait until after their course commences to start work
  • student visa holders must not work in Australia for more than 40 hours a fortnight when their course of study or training is in session, this includes exam weeks. A fortnight is the period of 14 days commencing on a Monday
  • during term or semester breaks, a student visa holder is not limited by the 40 hour per fortnight work restriction and can work unlimited hours
  • work restrictions do not apply to work which is undertaken as a requirement of the course of study, or where the visa has been granted in relation to a master’s degree by research or doctoral degree, provided the visa holder has commenced that study.

In addition to undertaking the required work rights checks, when employing international students, we recommend you request from them a copy of the school calendar listing the semester or term dates. Every school is different and having the individual calendars will help you understand when the student is restricted to 40 hours per fortnight and when they can work unlimited hours.

Author: Rebecca Macmillan

Disclaimer
The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this newsletter is accurate at the date it is received or that it will continue to be accurate in the future.

Rebecca Macmillan

Published by Rebecca Macmillan

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