Changes To Work Rights For Student And Graduate Visa Holders And Working Holiday Makers From 1 July 2023

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Changes To Work Rights For Student And Graduate Visa Holders And Working Holiday Makers From 1 July 2023

To help the economy address skills shortages, the Australian Government will make changes to several visa restrictions from 1 July 2023 for Student and Graduate Visa Holders, as well as Working Holiday Makers working in Australia.

Written by Sheila Woods (MARN: 0533879) of Interstaff 21 March, 2023

The changes will also impact businesses that employ these visa holders as they will enable:

Eligible Graduate Visa Holders in the health, teaching, engineering and agricultural fields to live and work in Australia for an extra two years
Temporary Graduate Visa Holders to continue work in Australia on a 408 Pandemic Event Visa if their visa is expiring
Student Visa Holders to work up to 48 hours per fortnight when the working hours cap is reintroduced
Working Holiday Makers (Subclass 417 and 462) to have a six month limit of work with the same employer when Condition 8547 is reinstated – however, work before 1 July 2023 won’t count towards their six month limit with the same employer.

Read on to find out more.

Certain Eligible Graduate Visa Holders can live and work in Australia for an extra 2 years

Certain eligible international students who graduated from an Australian higher education provider will soon be able to live and work in Australia for an extra two years by accessing extended post-study work rights from 1 July 2023.

The change applies to Subclass 485 Visa graduates with eligible occupations and qualifications in the health, teaching, engineering and agricultural fields.

These targeted skills will be reviewed annually and updated according to local labour market needs and indicates the way in which Australia may manage post-study work rights for international graduates in the future.

Details on how long these Graduate Visa holders can work in Australia from 1 July 2023 are below.

Temporary Graduate Visa Holders can continue work in Australia on a 408 Pandemic Event Visa

Subclass 485 Graduate Visa holders can apply for a two-year extension to their work rights through the Subclass 408 Pandemic Event Visa if their 485 visa is expiring before 1 July 2023 or they are not eligible to apply for a Subclass 485 extension on that date.

Subclass 408 visa applicants who held a Subclass 485 when they submitted their 408 visa application may also be granted a two year 408 visa.

Applicants must be working in Australia or have an offer of employment.

Student Visa Holders can work up to 48 hours per fortnight

In January 2022, the work cap for the Subclass 500 Student Visa was temporarily relaxed so that international students have been able to work unlimited hours.

However, from 1 July 2023, the cap will be reinstated at 48 hours per fortnight, which is an increase from the previous cap at 40 hours.

The cap increase will give international students the option to work more hours to support themselves and the economy without it affecting their visa status.

6 month limit with the same employer for Working Holiday Makers (Subclass 417 and 462 Visas)

The Government will reinstate Condition 8547 for Working Holiday Makers (Subclass 417 and 462) from 1 July 2023, and these visa holders will again be restricted from working with the same employer for more than six months.

However, the change will not be applied retrospectively, which means any work carried out by Working Holiday Makers before 1 July 2023 will not contribute towards their 6-month limit with the same employer. These particular visa holders will therefore be able to continue working with the same employer for an extra six months from 1 July 2023.

This also applies to Bridging Visa holders who may be subject to Condition 8547.

Interstaff assist people all over the world with the legal and professional process to travel or migrate to Australia for temporary work or permanent residence. Established in 1988, Interstaff has been trusted by migrating individuals and businesses for over 30 years and are the strongest group of experts for visa work in Australia. MARN: 0533879.

Moving Abroad Checklist

Initial Considerations

Will your partner be travelling with you?

If so, what will they be giving up in your present home and will they be able to continue with their career in your new home? You will need to check whether a separate visa is required for your partner to work or if your visa gives that right. If they are unable to work you will need to decide on the effect on your finances and what alternatives are available to give a fulfilling life (home business, training, voluntary work).

Are you taking family with you?

Moving with family raises many exciting opportunities, but also can create challenges. The HSBC Expat Explorer survey indicates that expat kids can take six months to settle in to their new country (see article). Getting young or even older children to prepare to move and leave their friends and family behind can be a challenge and should be thought through.

The options for education is another area that needs to be thought through.

Moving your child to a new country with a different education system can be a great opportunity to broaden their experience, but if they are close to key exams the timing can make this inadvisable. If you do take your family with you, it is important to decide between joining the local school system or choosing an international school.

Where will you be living?

Whether you will be living in a house or apartment, furnished or unfurnished, these decisions will affect what you need to take with you. The time you are planning to live overseas will also affect whether you should leave your property at home empty, rent it out or sell it. See the article Sell, Store or Ship.