International students – student visas and workplace rights

Are you under 25 and have a question about work? For free and confidential legal advice, you can ask us a question here or contact us on 1800 953 673 (9 am – 4:30 pm, Monday to Friday). We are a charity for young people and we are not part of the government.

International students on temporary visas have the same workplace rights as all other workers in Australia, including minimum pay and conditions. If you are being treated unfairly at work, you are allowed to speak up and get help, even if you’re on a temporary visa.

The information on this page is specifically for international students. 

I’m an international student and have a problem at work. Can Youth Law Australia help me?

Youth Law Australia provides free, confidential legal information and help for young people under 25, including international students. We are specialists in advising domestic and international students, apprentices and trainees under the age of 25. We can help you even if you are paid cash in hand or have a concern about how your situation may impact your visa.  

For free legal advice, contact us on 1800 950 570 or contact us here for free and confidential help. 

We can speak with you using a free interpreting service if needed. 

Our International Students flyer contains this information in the following languages:

• Chinese
• Hindi
• Burmese
• Tamil
• Thai
• Vietnamese
• Sinhala
• Arabic
• Nepali

What are my working rights as an international student?

All workers in Australia, including international students, have the same workplace rights including minimum pay and conditions.  

1. There are minimum pay rates that employees must be paid, based on the work they do. You can find out more about pay here.
2. Employees also have minimum conditions at work, including the right to certain types of leave like sick or annual leave depending on the type of job you have. You can find out more about working conditions here.
3. All employees also have the right to be safe at work which can mean physically safe, safe from sexual harassment, and safe from bullying or discrimination.  

If you think you are not receiving minimum rights and conditions, we strongly recommend that you contact us here for free and confidential help.  

For more information about your rights and obligations as a worker on a temporary visa, you can visit the International students page on the Fair Work Ombudsman website. 

Things your employer can't do

On top of the rights at work that we’ve listed above, there are lots of other things at work that you might be experiencing that are not okay.

Some common things that happen international students are: 

• not receiving payslips;
• being asked to do a free trial;
• having money taken out of your final pay;
• being unfairly fired from your job;
• being told that you’re a contractor when you’re really an employee (this is called ‘sham contracting’); and
• being underpaid, or not paid at all, which is called ‘wage theft’.

Click on the links in this list to learn more about these areas, and contact us here for free and confidential help if any of these things have happened to you. 

Working hours

Students on a Subclass 500 Student Visa are allowed to work 48 hours per fortnight during semester or trimester time. You are allowed to work unlimited hours during course breaks, e.g., mid semester break or the summer holiday break. However, there are still maximum hour laws in Australia, so even during the break period you are only allowed to work the maximum weekly hours allowed under law for all employees, which in most jobs is 38 hours a week.

As part of their visa conditions, student visa holders must: 

• maintain their course enrolment; 
• ensure satisfactory course attendance; and 
• ensure satisfactory course progress.

Will my visa be cancelled if I report what’s happening at work?

In 2024 the Federal government commenced a new pilot program called ‘Strengthening Reporting Protections’ to protect people on temporary work visas who are being exploited at work – for example, workers who are being underpaid, or who are being mistreated at work.

If you are worried about how making a complaint about your work will impact your visa, we strongly recommend that you contact us for free and confidential legal advice. We can help you work out whether you are being exploited at work and what you can do, although you do not need to do anything at all if you do not wish to. As a free and confidential legal service, we do not take any action without your express instruction and authority as our client.  

If your experience of workplace exploitation involved a breach of your work-related visa conditions (e.g. if you worked for more hours than restricted by the conditions of your visa, but were paid cash in hand for less than the legal minimum rate), the Strengthening Reporting Protections Pilot ensures that visa holders can report and get help with their unlawful working conditions without fear of their visa being cancelled.

Do the Reporting Protections apply to me?

The measure applies to people on temporary visas with permission to work, such as: 

• Student visa (subclass 500);
• Working Holiday visa (subclass 417);
• Work and Holiday visa (subclass 462);
• Temporary Work (Skilled) visa (subclass 457);
• Temporary Skill Shortage visa (subclass 482);
• Skills in Demand visa (subclass 482); and
• Temporary Work (International Relations) visa (subclass 403). 

If you are a temporary visa holder who is not allowed to work, the Department of Home Affairs will consider each case individually.

Your employer cannot cancel your visa – even if they tell you they can. Only Home Affairs can refuse or cancel visas.

When do the Reporting Protections apply?

The Department of Home Affairs will not cancel your visa if you have breached a work-related visa condition, and there is a link between that visa breach and workplace exploitation matter, provided: 

• there is no other reason to cancel your visa (such as national security, character or fraud); 
• you have experienced workplace exploitation in the last 12 months (or longer in exceptional circumstances);
• you have sought advice or support from a participating government agency or an accredited third party, and they are helping you resolve the issue; and
• you have agreed in writing to follow your visa conditions, including meeting the genuine purpose of your visa in the future. 

How do I make a report?

To make a report, temporary visa holders must have their workplace exploitation matter certified by either a participating government agency or an accredited third party before notifying Home Affairs.

Once your matter is certified, notify the Department of Home Affairs through the Strengthening Reporting Protection Request Process form.  

For more information about this process, you can visit the Department of Home Affairs website here. 

For free, specialist immigration advice, you can also contact the Immigration Advice & Rights Centre.