For Student Visa Holders Temporary Relaxation In Working Hours Details From Migration Agent In Sydney

A lot of changes into migration law has introduced due to Covid-19. One of the latest changes to the law for student visa holders is the relaxation of working hours. Visa holders working in certain fields beyond the usual work limitations with the Australian Border Force, flexible approach will be taken to student together by The Department of Home Affairs

As part of the visa condition (8105 condition- work rights) Student visa holders are not allowed to work for more than 40 hours per fortnight. However, in certain circumstance there is now a temporary relaxation of the rules. For proper guidance contact us – Migration Agent in Sydney.

If you are satisfy below condition you can work for more than 40 hours a fortnight:

•  if you are employed by a registered National Disability Insurance Scheme provider (NDIS)

•  if in the agriculture sector you are employed in.

•  employed before 8 September 2020 with a RACS ID or a NAPS ID by an aged care Approved Provider or Commonwealth-funded aged care service provider

•  as directed by health officials, enrolled in a health care related course and you are supporting the health effort against COVID-19

Employers:

Australian workplace law must be continued to follow by Employers. Under Australian workplace law overseas workers, have the same rights as all other employees including international students. By the government these temporary measures will be reviewed regularly. When these measures no longer apply employers will be advised.

The Department of Home Affairs and Australian Border Force will, while these measures are in place, 

•    Exercise their discretion under s116(1)(b) of the Migration Act 1958 to support your organization to not cancel the visas of students who work in excess of 40 hours each fortnight.

•    Not refer student visa holders for investigation of any potential offence under s235 by a student visa holder in breach of their visa conditions of the Migration Act 1958 that might relate to the hours worked.

•    As an employer not refer you or relevant third-party labor hire companies that might relate to allowing a student visa holder to work in breach of their visa condition for investigation under s245AC of any potential offence of the Migration Act 1958.

Employers are still expected to follow Australian employment law whilst there is a relaxation of the rules. Students are not required to place an application to work more hours as Students who intend to work more than 40 hours per fortnight should discuss an arrangement with the employer. For proper guidance contact us –Migration Agency in Sydney.

During this period, if students work more than 40 hours per fortnight department of Home Affairs and the Australian Border Force will exercise their discretion not to cancel a student visa.

Student visas with condition 8105 or 8104 allow limited work in Australia. 

Under these conditions: 
• must adhere to the work hour restrictions set out in your visa conditions – You and your dependants
• can only work after you have commenced your course – You and your dependent

Student work hour restri

Dependent work hour restrictions:

Voluntary Work:

To work as a volunteer is one way to gain work experience and professional skills. Towards your student visa work hour limits hours spent volunteering will not count. If:

•    By an Australian resident as employment, the work is genuinely voluntary, and would not otherwise be undertaken

•    No remuneration (in cash or kind) is received in return because the activities are for a non-profit organization

•    Your main purpose is to continues to your studies in Australia ( and any work remains a secondary activity)

Working in Australia after you graduate:

You’ll need to get a new working visa before your student visa expires, if you’re interested in staying in Australia to work after you Graduate. As a international graduate student you may be eligible for:

• To submit an Expression of Interest seeking approval to stay in Australia as a professional worker through the Australian Government’s Skill Select

• For skilled and business migration State and territory government nomination.

• If you have completed a Bachelor, Masters or Doctoral degree the Post-Study Work stream of the Temporary Graduate Visa (subclass 485) 

Students Working in the Agriculture Industry Extended Hours for them:

The Morrison Government On Tuesday, 05 January 2021 announced to student visa holders the relaxation of the 40 hours per fortnight rules applicable. Students working in the agriculture sector during the semester will be permitted to work for more than the usual 40 hours per fortnight.

This change is to support farmers in Australia due to the lack of workforce available. During harvest season traditionally, there would be many WHM who would work in the agriculture industry, however and foreign workers are unable to travel to Australia and COVID-19 has halted international movements. Citizenship, Migrant Services, Minister for Immigration and Multicultural Affairs Alex Hawke said that the changes would also help farmers this harvest season and avoid food going to waste; changes would not just give the ability to earn more income to temporary visa holders

Applicants are also not required to show from Australia the inability to depart. The government has stated that if they choose to work in the agriculture sector it will be easier for temporary visa holders to be granted the COVID-19 Pandemic Event Visa. For proper guidance contact us –Immigration Agent in Sydney.