(Cth) Increase the Working Hour Limit for International Students to an Average of 30 Hours a Week
- Ayushi Nanda and Loveleen Kaur Benipal
- 1 day ago
- 10 min read
Updated: 10 hours ago
Author: Ayushi Nanda and Loveleen Kaur Benipal | Publish date: 11/3/2026
P: International students are restricted to a 48-hour fortnightly work limit during the university term.
S: The Minister for Home Affairs should amend Schedule 8, Condition 8105 of the Migration Regulations 1994 (Cth), to omit the 48-hour fortnightly work limit and replace it with an average of 30 hours per week, while increasing the annual cap to 1,560 hours.
Problem Identification:
Schedule 8 of the Migration Regulations 1994 (Cth) restricts students to 48 hours of work every fortnight during the university semester. PhD and master by research students are exempt from this restriction, while all other students may work unlimited hours during scheduled holiday breaks.
Australian National University sociology researcher, Queenie Kwan Yee Siu, highlighted that '[e]ven for international students who work, the income does not always cover living costs’. According to Unions NSW and the Immigration Advice and Rights Centre (IARC), this means that these restrictions can lead to the ‘exploitation and underpayment of workers.’
Context:
The Reserve Bank of Australia emphasised that international students ‘make a notable contribution to labour supply’, which is ‘important in helping businesses…facing labour shortages’. An article by the ABC stated that international students ‘contribute over $50 billion to the economy and support more than 250,000 jobs across the country’.
Backman et al. from Deakin University emphasised that ‘international students often rely on employment as their primary source of income.’
Arguments:
In a report by the SBS, these restrictions were found to be ‘... an extra hardship for many already battling to survive soaring living costs.’ The 2022 International Officer of the National Union of Students, Dhruv Sabharwal, argued that ‘international students across Australia have been raising concerns over rising costs.’ For example, an article by the ABC reported that in some cases, ‘rental prices have risen around 30 per cent in the past year’, with the average rent in Sydney now around $744, $549 in Melbourne, and $514 in Adelaide. In a personal testimony by international student, Karanbir Singh, reported by the SBS, Singh highlighted that ‘[i]t's really hard to pay the rent and the fees for my uni as well.’
The Grattan Institute argued that ‘[t]he cap on working hours is a major contributor to exploitation of working international students.’ The Centre for Employment and Labour Relations Law highlighted that these limitations ‘can push students to “self-exploitation” or work in industries that might exploit them’. The ABC reported that students often accept underpaid or cash in hand work to supplement their legitimate income. A 2020 study conducted by the Migrant Worker Justice Initiative reported that 77% ‘were paid below the minimum casual hourly wage’ and 24% earned $12 per hour or less. The Grattan Institute further asserted that this ‘creates a vicious cycle’, as students found to be breaching their visas ‘become more vulnerable to exploitation’. For example, the ABC shared a personal testimony of a student who ‘would sometimes sleep on the couch at the Indian restaurant where she worked when she had insufficient breaks between her shifts’. They further stated that because of being underpaid, ‘she couldn't afford food, rent or university fees and spiralled into depression.’
In a report by the ABC, Phil Honeywood, CEO of the International Education Association of Australia, argued ‘against letting international students work more hours, saying it could backfire on their academic performance’. However, according to Unions NSW and the IARC, ‘the restrictions intent is not being achieved.’ The Department of Education noted that the working cap was ‘intended to balance international students’ need to support themselves and gain work experience in Australia with their main purpose, which is to study in Australia’. According to Andrew Norton in the Mapping Australian higher education 2023 report, while working hours were uncapped in 2021 (due to a COVID amendment) in some sectors, international students performed academically better than domestic students. Norton highlighted that academic performance was not hampered as ‘...their success rates were 88 and 85 per cent, respectively’.
Advice/Solution Identification:
The Grattan Institute, economist Brenden Coates, and the Scanlon Foundation have all called for an increase in the working hours cap for international students. The Grattan Institute argued that the ‘fortnightly cap on working hours for international students [should be replaced] with an annual cap of 1,560 hours (on average 30 hours a week).’ They further suggested that ‘an annual cap could reduce exploitation…by reducing the bargaining power of employers who knowingly coerce students to work in breach of their visa rules in a given fortnight.’
Precedent:
There is domestic and international precedent for increasing the working hour limit for international students to 30 hours a week. During the COVID-19 pandemic, Australia temporarily uncapped working hours due to workforce shortages, but these caps were reintroduced in 2023. In Finland, international students are permitted to work in paid employment for a ‘total of 1,560 hours per year’ with flexibility to choose their weekly amount as long as it doesn’t exceed the yearly cap.
Public Support:
Broad Support:
Support Network for International Students (SNIS) (advocated for a total removal of the working hour cap)
International Education Association Inc (ISANA) (advocated for a revision of the working hour cap but not specified what the new cap should be)
This list reflects publicly stated positions and should not necessarily be taken as endorsement of this specific brief.
News Coverage:
ABC News - “Reinstated work caps for international students creates fears of new workforce shortages”. The article discussed the impact of reinstating the working hour cap on international students. By: Alexandra Alvaro | Fri 30 June 2023 - Read the Article here.
SBS News - “This student is sharing a bed with a stranger because she can't afford the rent”. The article detailed a conversation with an international student about how reinstating the working hour cap impacted the living conditions and lifestyle of international students. By: Sandra Fulloon | Fri 30 June 2023 - Read the article here.
ABC News - “International students given grace period on working hours argue for the change to stay”. The article outlined the difficulty of surviving with the working hour cap and an economist provided analysis on why the cap should be flexible. By: Ruth Brook | Mon 5 June 2023 - Read the article here.
SBS News - “Karanbir’s work hours have been cut by half. He’s not alone”. SBS News conversed with students and business owners who expressed concern about changes to the working hour cap. By: Sandra Fulloon | Mon 26 June 2023. Read the article here.
ABC News - “Why don't exploited international students report their employers?” The news report explained what stopped international students from reporting their employers to authorities. By: Natasya Salim and Hellena Souisa | Sat 22 May 2021 - Read the article here.
The Conversation - “As international students return, let’s not return to the status quo of isolation and exploitation”. The article analysed the importance of international students in Australia. By: Andrew Deuchar | Tue Jan 18 2022 - Read the article here.
Where to go to learn more:
(2023) Short-changed: How to stop the exploitation of migrant workers in Australia | Grattan Institute - This report by the Grattan Institute highlighted the experiences of international students, and it made recommendations (including the topic of this brief) on how to improve their experience in Australia. It examined how restrictive visa conditions increased the vulnerability of international students to insecure and exploitative employment, further reinforcing the need for policy reform. Read the full report here.
(2025) Underpaid and Overlooked: The Wage Crisis facing young workers in Australia - Final report of the Fair Day's Work project | Centre for Employment and Labour Relations Law - This report by the Centre for Employment and Labour Relations Law focused on the exploitation and wage theft students have faced, with a focus on international students. It examined the heightened vulnerability of international students due to visa restrictions and power imbalances in the workplace. Read the full report here.
(2022) Wage Theft: The Shadow Market | Unions NSW - This report by Unions NSW provided insight into how young migrant workers are often financially exploited in the workplace by being underpaid. It noted the structural nature of labour exploitation faced by young migrant workers. Read the full report here.
(2025) International Students and the Australian Economy | Reserve Bank of Australia - This report by the Reserve Bank of Australia highlighted how international students play a significant role in the Australian Economy. It substantiated that international students are a critical component of the labour workforce. Read the full report here.
(2025) International student monthly summary and data tables | Department of Education - This report by the Department of Education provided data for international students up to October 2025. It gives a breakdown of the number of students and the courses they are studying. It highlighted the statistical composition of international students enrolled in Australian education institutions. Read the full report here.
Migration Regulations 1994 (made under Australia's Migration Act 1958) - Read the full Regulation here.
Human Perspective:
Sanvi is 22, studying in Australia, and works 3 8-hour days a week at a local supermarket as her student visa caps her work rights at 48 hours per fortnight (i.e. 6 days a fortnight). Sanvi’s legal earnings never come close to covering rent, groceries, transport, and rising tuition fees. As Sanvi could not commit to many more legal working hours, when she tried to find another part-time job, every new employer asked for more hours than she was able to commit. With only 48 hours of legally permitted work and the cost of living high, her savings were exhausted in a few weeks. She was terrified at the prospect of not being able to afford next month’s rent. She felt conflicted. While she wanted to do the right thing, she felt pushed to find extra income in order to survive in Australia. When the owner of a local café offered her cash-in-hand work, below minimum wage, she felt she had no real choice but to accept. She knew this was wrong and felt like the owner knew they could push her around because she was an international student. Soon she was working nearly 60 hours a fortnight. She was anxious about being underpaid, reported, and losing her visa because she couldn’t live within the work cap. She knew she was breaking her visa rules and told her employer as well, but the employer said this is what every international student does in Australia, and it is not that big of a deal. The immense pressure started impacting Sanvi’s studies even though she had always been a dedicated student. Sanvi didn’t want to break the rules, but the strict work cap left her without any safe or legal way to support herself. She ultimately felt that this pushed her into exactly the kind of exploitation she was trying to avoid.
To protect the anonymity of those involved, this is a fictionalised account drawn from an amalgamation of real-life stories, experiences and testimonials gathered during the research process for this brief. Any resemblance to actual individuals is purely coincidental.
Conflict of interest/acknowledgment statement:
N/A
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Reference list:
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Backman, B., Dunn, M., George, N. A., Whiteside, B., & McKay, F. H. (2023, May 21). “Am I Really Living or Just Getting by?” Financial Security and Health-Related Decisions among International Students in Australia. Journal of Studies in International Education, 28(3), 440–457. https://doi.org/10.1177/10283153231178135
Brook, R. (2023, June 5). International students given grace period on working hours argue for the change to stay. ABC News. https://www.abc.net.au/news/2023-06-05/international-students-push-against-work-cap-reintroduction/102427418
Brooks, S. (2022, May 16). Former students’ fight for unpaid wages highlights loophole in Australia’s legal system. ABC News. https://www.abc.net.au/news/2022-05-16/international-students-battle-for-unpaid-wages/101004320
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