The quick answer is yes, international students on subclass 500 visa are allowed to work in Australia. But there are important guidelines that you as an international student need to be aware of and comply with so you don’t breach or violate your visa conditions that can lead to visa problems. Read on.
- According to Schedule 2 of Migration Regulation 1994 under the Migration Act 1958, Subclass 500 – Student visa must have condition 8105.
- What does visa condition 8105 say?
According to Schedule 8 of the Migration Regulation 1994 under the
Migration Act 1958, visa condition 8105 states that (paraphrased):
- You (the holder of student visa), regardless of your course study, must not engage in any work in Australia before your course study starts.
Example: Joe is enrolled in Diploma of Electrical Engineering in TAFE NSW which will commence or start on 29 February 2020. Sonya meanwhile is enrolled in a PhD course with the University of Queensland which will also commence or start on 29 February 2020. Both got their student visas and arrived in Australia at the same time in 30 January 2020. Between 30 January 2020 till the 28th of February 2020, Joe and Sonya cannot work because their courses haven’t started yet.
- You must not engage in any work in Australia for more than 40 hours a fortnight when your course study or training is in session.
This limit in hours does not apply, and you can work for more than 40 hours a fortnight, when:
– The work is a requirement of your course as stated in the course’ description in Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS).
– You’re a master’s degree by research or doctoral degree student.
- Fortnight means a period of 14 days starting on a Monday
Example: Continuing with our previous example, once Joe and Sonya’s courses have started, they can work. But according to DHA Joe must not work more than 40 hours a fortnight while his course is in session. It’s a different story with Sonya however. Because she is studying PhD, DHA said she is exempted from this rule and she can work more than 40 hours per fortnight.
(1) Subject to subclause (2), the holder must not engage in work in Australia for more than 40 hours a fortnight during any fortnight when the holder’s course of study or training is in session. (Schedule 8 – Visa Conditions, Condition 8105 Migration Regulation 1994)
Example #2: This example is identical to the example given by DHA to illustrate how they compute 40 hours in a fortnight. Continuing with our example with Joe, he was given his roster for the next four weeks as follows:
week 1 : 24 hours
week 2 : 8 hours
week 3 : 34 hours
week 4 : 4 hours
Joe will have no problem working in week 1 and 2, bec in that fortnight he will have only worked for 32 hours. However, if he’ll work 34 hours in week 3 he’ll have worked a total of 42 hours in the fortnight covering week 2 and 3, and breach his visa condition. Best option for Joe would be to request his employer to reallocate some of his hours from week 3 to week 4. Note that if Joe’s studies is not in session he’s free to work as much as he likes in a fortnight.
This restriction in the student’s work hours is with their best interest in mind. There’s no doubt about the positive things students can get from working such as building confidence in interpersonal dealings with people, chance to hone English language skills, etc. But work can be very engaging, and may also result into serious distraction for students if priorities are not firmly established.
3. The Department of Home Affairs (DHA) website says you will be considered as “engaged in work” (paraphrased):
- When you are present in a place of work for a time on a roster or timesheet (except when you’re on unpaid breaks)
Example: Sally, an international student, was part of the crew working the morning shift in a café from 7 am to 12 pm (including a 30-minute unpaid break) one Saturday morning according to the roster. Per DHA definition she was working for 5.5 hours. Her half hour unpaid break doesn’t count as working.
- When you’ve “clocked in” to work using an electronic clocking in system
Example: Jeff, an international student, works at Coles and he clocks in every time he begins his shift and clocks out when he ends his shift. According to DHA Jeff is working the entire time he’s clocked in up to the time he clocked out, minus the time spent on a compulsory unpaid break.
- When you got paid for work you’ve done as indicated in your payslip, except when you can provide evidence you’re not actually working during this time.
Example: As a general rule whatever hours your payslip says you’ve work You’re an international student and working in a big call centre. One time upon checking your payslip you’ve noticed you got paid for an equivalent of 41 hours of work that fortnight. You thought that’s not correct because you’ve actually worked for only 40 hours during that fortnight. You saw in the payslip you’ve got erroneously credited for an hour of work on the same time and day you were in fact in university taking your exam. Per DHA rule you’re in breach of your visa condition for working more than 40 hours per fortnight unless you can provide evidence that you were in fact at school taking your final exams and not working. The best evidences here are 1) a letter from your university stating that you sat an exam at such time and day, and 2) the payslip showing the 1 hour of work erroneously credited to you at the same time and date you’re in university sitting your exam.
This DHA definition on when you’re considered to be “engaged in work” deals with 2 things: 1) It establishes that roster, timesheet, time card, payslip are evidences that you’ve engaged in work, and 2) your unpaid breaks during your shift doesn’t count towards your total hours. Also, it may be farfetched that your employer will pay you more than what you’ve actually worked but in case it happens pinpoint the time and day you’ve got erroneously paid and go back to your employer. You’ll be hitting 2 birds with one stone. You’ve simplified the solution to the problem, and you’ve made your employer happy with your honesty
4. The DHA says your course is “in session” (paraphrased):
- From the 1st day of the semester up to the last day of your final semester exam, as indicated by your education provider.
Example: Edwin is an international student currently studying Bachelor of Accountancy in Monash University in 1st semester of 2019. According to the snapshot of the university’s important dates above, Edwin’s studies in in session from 4th of March 2019 up to 28th of June 2019 (assuming he has an exam that day) or in the exact date of his last final exam. During this period that his course is in session Edwin cannot work for more than 40 hours a fortnight.
- If you’re enrolled (for advance or repeat subjects or units in your main study course) during winter or summer semester breaks
Example: Continuing with our previous example, assuming Edwin enrolled in a Winter semester which happens between the 1st and 2nd semester, it means Edwin’s course continued to be in session during those time.
Note: By definition a semester means half-year school term. Some VET providers and some universities however don’t follow the semester period. Instead they divide the academic year into term periods. Like for example the University of New South Wales’ academic year is divided into 3 terms plus a summer term. In case of term periods, your course is deemed in session during the first day of the term up to the last day of your term final exam.
5. According to DHA, if your work is not part of your course or if you’re not a master’s degree by research or doctoral degree student, the only time you can work for more than 40 hours a fortnight is when your course is not in session.
DHA says your course as not in session (paraphrased):
- During semester or term breaks.
Example: If the last day of your final exam this current 2nd semester is 14 November 2019 and you’re going back to university next semester next year which begins on 4th March 2020, from 15 November 2019 up to 3rd of March 2020 you course is not in session. During this period, you can work for unlimited number of hours in a fortnight.
- When your course is deferred or suspended in line with Standard 9 of the National Code of Practice for Providers of Education and Training to Overseas Students (or simply the National Code).
According to Standards 9 of the National Code, course can be deferred or suspended on compassionate or compelling grounds upon the request of the student or as initiated by the education provider. Usually an education provider-initiated deferral or suspension is not positive (like behaviour problems, absenteeism, failure to pay, etc.) and may lead to cancellation of enrolment so we assume deferral or suspension here is initiated by the student which was favourably granted by the education provider.
Instances when deferral or suspension may be granted by the education provider on compassionate or compelling reason upon the student’s request:
- Serious illness or injury that prevents the student from attending classes
- Bereavement of close family member
- Major political upheaval or major natural disaster occurring in the student’s home country
- Traumatic experiences like witnessing or being involved in an accident or crime
- When the provider becomes unable to offer a pre-requisite subject for that semester, or the student failed a pre-requisite subject making him or her unable to continue and the pre-requisite subject is not being offered in that semester.
Example: Cindy, an international student, had a traumatic personal experience just before the start of 2nd semester. She asked for a suspension of her studies for one semester which was granted by her provider who adjusted her course end date with the PRISM (Provider Registration and International Student Management System). At some point she got better and decided to work to keep her mind busy. Since her course is not in session Cindy can work for more than 40 hours a fortnight.
- if you hold a valid visa and have completed your course as listed on your confirmation of enrolment
Example #1: Table below shows the length of your visa based in the length of your studies.
| Length of Course | Length of Stay |
| Less than 10 months | Usually 1 month after the course |
| 10 months or longer, finishing between January and October | Usually 2 months after the course |
| 10 months or longer, finishing at the end of academic year (November to December) | Usually until the 15th of March of the following year |
For example, if you study in Australia for at least 10 months and it ends in November or December you can stay in the country till the 15th of March of the following year. With this rule you can work unlimited hours until the time you have to leave.
Example #2: Ted just finished his Diploma in Electronics and Communications Engineering in TAFE SA and before his student visa expired he applied for a Temporary Graduate visa (subclass 485). Since applying for a substantive visa like Temporary Graduate visa also automatically creates an application for Bridging visa, Ted was given a Bridging Visa A while his application for Temporary Graduate visa is being processed. Usually the work restriction of Bridging Visa A inherits the work restriction of the last held substantive visa. Since Ted’s last visa was a student visa his Bridging Visa A has the same restriction as his student visa. But since Ted just finished his studies and he has a valid visa (his Bridging visa) his course is deemed not in session and therefore he can work for more than 40 hours a fortnight.
- if your enrolment has been cancelled due to the default of your education provider and until you get a new enrolment and start the course
Rarely something happens to your education provider and they cannot continue their operations. But because you as an international student are protected by Australian laws like the ESOS Act, you’ll be immediately transferred to another similar provider at no cost to you. In an extremely rare chance that you’re not able to immediately resume your studies because of the disruption you may for the meantime work without limitation in hours if you so wish.
Immediate family members accompanying the international student on a subclass 500 visa in Australia, such as spouse, are also allowed to work in Australia. They are usually given Condition 8101, which basically has identical conditions and guidelines as Condition 8105.
Disclaimer: We are not a registered migration agent nor a migration lawyer. All information discussed above can be obtained from the Australian Department of Home Affairs and Federal Register of Legislation websites. Check out DHA’s VEVO (Visa Entitlement Verification Online) webpage to verify your visa conditions and entitlements.
