Changes to work restrictions for student and working holiday visa holders effective 1 July 2023.

Changes to work restrictions for student and working holiday visa holders effective 1 July 2023.

Effective from 1st July 2023, Australian Student visa holders (subclass 500) and Working Holiday / Work and Holiday visa holders (subclasses 417 and 462) have had work restrictions re-instated on their visas.

During the covid pandemic, work rights under these visas were relaxed as Australian businesses struggled to find skilled and semi-skilled labour to meet workforce needs. Before the 1^st July, the following was allowed:

• Student visa holders were allowed to work full-time while continuing to study.
• Working Holiday / Work and Holiday visa holders would work full time without any limitations on how long they could work for an employer.

From July 1 2023, the following new rules apply.

Australian Student visa holders (subclass 500)

Student visa holders (and their dependents) are able to work 48 hours a fortnight and are allowed to work full-time while they are on school holidays.  This is an increase from the 40 hours per fortnight that was in place prior to the pandemic.

A fortnight is counted as 14 days starting from a Monday and finishing on a Sunday night.

The only exemptions to the 48-hour fortnight work limitation are:

• Student visa holders (and their dependents) where the student has started their course and is studying a masters by research or a PhD; and
• Student visa holders who were working in the aged care sector on 9 May 2023 can continue to work full-time in the aged care sector until 31 December 2023

Working Holiday / Work and Holiday visa holders (subclasses 417 and 462)

From 1 July 2023, holders of Working Holiday and Work and Holidays visas are only able to work for one employer for a maximum of 6 months.

If a Working Holiday or Work and Holiday visa holder was already working with an employer on 30 Jun or earlier, a new 6-month period begins from 1 July. This means a visa holder can potentially work for the same employer until 31 December 2023.

There are some existing exemptions to the 6-month work limitation that may be used. Working Holiday / Work and Holiday visa holders can work for more than 6 months for one employer where:

• They are working for a labour-hire company and swap the company they provide services to every 6 months; or
• Work for the same company in different locations (e.g.: work for 6 months in Sydney, then another 6 months in the Melbourne office); or
• Work in certain high-demand industries in Northern Australia only; or
• Plant and animal cultivation work anywhere in Australia

Before employing candidates on either of these visas, its important you are aware of their rights under these visas.