Navigating WorkHours for International Students in Australia: Legal and Practical Insights

International students in Australia often face questions about their work rights and restrictions. This article provides comprehensive information on working legally as an international student, including the impact of working under different identifiers, such as a Tax File Number (TFN) and an Australian Business Number (ABN).

Understanding Work Hours for International Students in Australia

As an international student on a valid student visa in Australia, you have certain rights and restrictions when it comes to working. These rules are crucial to understand to avoid any legal issues or problems with your visa.

Maximum Weekly Working Hours

One of the most obvious and direct restrictions is the maximum number of hours you are allowed to work per week while your course is in session. The permissible limit is 20 hours per week under a TFN (Tax File Number), and this is the common knowledge among international students.

Working Under a TFN

If you are working under a TFN, you must adhere to the 20-hour per week limit. This means that no matter what job you have, as long as its covered by a TFN, you can only work up to 20 hours per week while your course is in session. It's important to keep track of these hours to ensure compliance.

Working Under an ABN

An ABN (Australian Business Number), on the other hand, has a different set of rules. If you are working as a contractor or running a business and earning income under an ABN, these work hours are generally not subject to the same hourly limits as employment under a TFN. However, this does not mean you can work unlimited hours.

It is essential to ensure that your total work hours do not exceed what is reasonable and that you remain compliant with your visa conditions. This includes not exceeding a combined total of 40 hours over two weeks if you are working both under a TFN and an ABN.

Managing Multiple Jobs

Working 20 hours under a TFN and 20 hours under an ABN in a single week may be technically possible, but it must be done in a way that does not exceed the 40-hour limit over the two weeks. This means you should not regularly exceed this limit across both jobs combined.

It's crucial to keep track of your total working hours to avoid any potential issues. It's also advisable to consult the Department of Home Affairs or a migration agent for personalized advice based on your specific circumstances.

Post-Course Work

During semester breaks, you can work unlimited hours. This allows you more flexibility to find and take on work that suits your needs and interests.

Legal Risks and Consequences

It's important to note that the Department of Home Affairs (DHA) does have an information sharing arrangement with the Australian Taxation Office (ATO). This means that any attempts to exceed the work hour limits can result in legal issues and potential problems with your visa. The ATO can share information with DHA, which could lead to penalties or revocation of your visa.

In addition, the conduct of an international student while holding one visa can roll over onto the next visa, including permanent residency (PR) and citizenship. Under the current Minister, the Department has canceled more visas than ever before, and the Minister has canceled more citizenship in the last three years than occurred in the previous 30 years.

Therefore, it's essential to adhere to all the work-hour restrictions and visa conditions to avoid any potential legal issues and to ensure a smooth and successful student experience in Australia.

Conclusion

International students in Australia can work legally and effectively, but it's important to understand the rules and regulations. By adhering to the 20-hour per week limit for TFN work and ensuring you do not exceed the 40-hour total over two weeks for combined TFN and ABN work, you can ensure a safe and compliant work experience. Always consult with authorities or agents if you have any doubts or questions.