International students in Australia are facing increased scrutiny as authorities crack down on those exceeding permitted work hours. Reports of visa cancellations and deportations are causing alarm within the student community, prompting urgent discussions on compliance and job classification.
Key Points:
- Visa Type: Students must hold a subclass 500 visa with work rights.
- Work Limit: 48 hours per fortnight during study terms; unlimited during breaks and at the end of their course.
- Employment Rules by status: Employees on TFN jobs (e.g., retail, hospitality) or contractors on ABN (e.g., gig work).
- Dependents: Dependents of age can work only 48-hours per fortnight at any time, PHD and Master by Reasearch students can work unlimited, including their dependants (however please check your visa conditions or consult with an agent).
- Consequences: Exceeding work limits can lead to visa cancellations, deportation, and future bans on re-entry.
Confusion Over Employment Categories
Many students are unaware that working under an Australian Business Number (ABN)—such as rideshare or delivery services—still falls under visa work limitations. Some mistakenly believe these jobs are exempt from the 48-hour fortnightly limit, leading to probable unintentional breaches.
On the other hand, students employed under a Tax File Number (TFN) in retail stores, fuel stations, and restaurants are generally more aware of the restrictions. The confusion around self-employment classifications has led to unexpected visa cancellations and deportations.
Student Should Use Caution
The purpose of a student visa holder is to study; however, some international students prioritise their work, and despite the 48-hour work limit during term time allowance, they do work excessive hours. International students should emphasise the long-term benefits of completing their education, which can lead to temporary residency opportunities and better job prospects.
Crackdown on Overtime Work
Authorities have intensified workplace inspections around Australia, targeting businesses employing international students. Reports indicate that nearly 40 establishments were recently audited. This heightened enforcement has put students working extended hours on alert.
Visa Cancellations Spark Fear
A recent visa cancellation letter circulating on social media has heightened anxiety, particularly among Indian students. The letter describes the deportation of a student who allegedly worked 50-60 hours per week while enrolled in a graduate diploma program.
Support Counseling Efforts
Community leaders and student groups are now offering counseling and financial guidance, warning students that short-term financial gain is not worth the long-term risk of losing their visa status. They encourage students to seek alternative financial solutions rather than jeopardising their education and future in Australia.
Moving Forward: What Students Need to Do
- Stay Informed: Understand work limitations and ensure compliance.
- Seek Advice: If uncertain about visa conditions, consult a registered migration agent.
- Financial Planning: Consider budgeting and part-time legal work options instead of risking deportation.
- Engage with Student Associations: Stay connected with organisations that provide support and updates on policy changes.
With Australia enforcing stricter visa regulations, international students must stay compliant, informed, and cautious to safeguard their future. If in doubt, seek legal advice immediately!
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