The Dark Side of Unlimited Work Hours for Student Visa Holders
The pandemic has forced the Australian Government to introduce many concessions for visa holders, the most notable being the relaxation of conditions 8104 and 8105 relating to full-time work restrictions.
Until further advised, student visa holders in Australia are permitted to work unlimited hours in any sector, regardless of whether their course has commenced or is currently in session. These concessions have been introduced as a means of addressing the current labour shortages in Australia, the thinking being that this will increase the labour supply for employers desperately seeking workers.
At first glance, these concessions appear to be a win for students, allowing them to increase their earning potential whilst studying. However, caution needs to be exercised, as these concessions can be a both a blessing and a curse.
What is the downside?
The main drawback of these concessions lies in the fact that students must still adhere to the other conditions imposed on their visa including maintaining enrolment in the relevant course of study and attendance. The fear is that given the fine balance between unlimited work hours and study (with added pressure from employers desperate to fill shifts), students may opt to prioritise work over studies. This could lead to sliding attendance rates and non-completion of coursework both of which could subject the student to visa cancellation.
The reality is that these concessions could be more of a benefit to employers than students who continue to remain a vulnerable cohort when it comes to worker exploitation. Referenced in the 2019 Report of the Migrant Workers’ Taskforce Report was the fact that a quarter of international students were paid approximately half the legal minimum wage. ‘Wage theft’ as it has become known has been a highly publicised example of worker exploitation over the last few years, with the initial well-known case of the 7-Eleven wage underpayments in 2015 to the more recent George Calombaris underpayments at MADe Establishment. This is particularly relevant for international students who are often the key cohort working within hospitality and retail sectors where wage theft has found to be a prominent practice.
How Can Agape Henry Crux Help You?
If you are an international student seeking to understand your obligations, please do not hesitate to contact us. You can book a Migration Planning Session with one of our immigration lawyers to seek professional advice by calling 02-7200 2700 or email us to book in a time at info@ahclawyers.com.
We speak fluent English, Korean, Mandarin, Cantonese, Indonesian, Burmese and Malay. If these aren’t your language, we can also help you arrange an interpreter.
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