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Restrictions on student work hours restart from 30 June 2023

After 30 June 2023, the number of hours that Australian student visa holders (Subclass 500) are allowed to work will once again be capped at 40 hours per fortnight. This puts an end to the temporary measure to relax restrictions during the COVID-19 pandemic to address workforce shortages.

All international students and secondary applicants will still be able to work uncapped hours in any sector of the economy until 30 June 2023.

Employers must plan for this upcoming change now. Failure to comply with the reinstated limit on work hours means the Department of Home Affairs (DHA) could find you in breach of your obligations as an employer. This may result in:

• you as an employer being referred for investigation for breaching the Migration Act 1958 by allowing a student visa holder to work in breach of their visa conditions; and
• cancellation of the visas of students who work more than 40 hours per fortnight.

Concessions for Working Holiday Program to continue until at least 31 December 2022

Employers who hire workers under the Working Holiday (Subclass 417) or Work and Holiday (Subclass 462) visas should be aware that the following concessions for the Working Holiday program will continue until at least 31 December 2022:

• Working for more than 6 months with the same employer: Backpackers working in any sector anywhere in Australia may continue to work for the same employer or organisation for longer than 6 months without requesting permission;
  
  
• Waived visa fees for onshore workers: Eligible temporary workers in Australia can apply for a working holiday visa without paying the Visa Application Charge (VAC), incentivising workers already in the country to apply for subsequent working holiday visas.

At the same time, there will be new opportunities under the program:

• Increased cap on working holiday makers: For 2022-23 only, there will be a 30 per cent cap increase to the number of places available to working holiday makers from countries with which Australia has a capped Subclass 462 visa arrangement;
  
  
• Increased age limit for certain citizens: The age limit for Italian and Danish citizens wanting to work and travel in Australia increased by five years – from 30 to 35 years of age;
  
  
• New countries added: Australia opened the Work and Holiday program to Brazil and Mongolia from 1 July 2022 and has plans to include India within the next two years.

More details can be found on the DHA website.