A Student Visa of Australia allows an international student to work for 40 hours per fortnight during a semester.
The Condition 8105 of the Australian Migration Regulations 1994 states:
- The Student Visa holder should not commence any employment in Australia before their study course starts
- The Student Visa holder must not engage in any work for more than 40 hours a fortnight during a study session
A fortnight implies a period of 14 days beginning on a Monday.
However, a number of international students risk cancellation of their Student Visas due to a breach of this Condition. Most of these international students were found to be working for Ola, Uber, or Taxi as drivers. Some were even working as delivery agents for food chains like Uber Eats.
It has been noticed that international students often lose track of time while working for such employers. They, thereby, risk the cancellation of their Student Visas by the Dept. of Home Affairs due to violation of the Condition 8105.
In the Verma vs Immigration Minister &Anor (2017) case, the Federal Circuit Court clarifies the “work” concept for Student Visa holders working for employers like Ola and Uber.
Justice Young highlighted that when working for such ride-sharing services, work begins at the start of a student’s driving shift. It also includes the time waiting for a particular passenger on the time waiting in between passengers. Thus, any activity during this time like reading a book is included in the allowed 40 hours per fortnight limit.
Hence, it is extremely important for Student Visa holder to be mindful of the number of hours that they are working every fortnight. In case of any suspicion, the Dept. of Home Affairs can ask for your driving activity record for Uber Australia. They may even obtain your salary record from ATO (Australian Taxation Office).
If you are found violating Condition 8105 and exceeding your work hours limit then you may be issued a Notice of Intention to Consider Cancellation from the DHA.
Y-Axis offers a wide range of visa services and products for aspiring overseas immigrants including Australia General Skilled Migration Program via RMA, Australia Skilled Regional Visa, Australia Temporary Skilled Work Visa, and Australia Temporary Graduate Visa Subclass 485. We work with Registered Migration Agents in Australia.
If you are looking to Visit, Study, Work, Invest or Migrate to Australia, talk to Y-Axis, the World’s No.1 Immigration & Visa Consultant.
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