Are you an international student graduate in Australia who has completed your two-year working period? Are you trying to figure out a way to extend your post-study work opportunities? We have some good news for you! You can avail of an additional two years of post-study on your Temporary Graduate visa (subclass 485).
The Australian Government has announced an extension in post-study work rights for international students who graduated in Australia. There are mainly two upgrades to this announcement, such that the post-study work is extended to two years and the cap for working hours has increased from 40 to 48 hours per fortnight. Both these developments will take effect from 1st July 2023.
The conditional terms associated with the announcement
The Australian Government is increasing the post-study work rights for international graduates for specific qualifications in the following ways:
- Two years to four years for select Bachelor’s degrees
- Three years to five years for select Master’s degrees
- Four years to six years for all doctoral degrees.
The extension is applicable in addition to the existing one to two years for work rights.
While this is great news for international graduates in Australia, it may not apply to all. This is because not all qualifications are directed pertinent to occupations where skills shortages are prevalent. The conditions of eligibility are based on occupational forecasts created by Jobs and Skills Australia.
Therefore, we’re sharing a list of conditions that you can look at to see if you are eligible for this additional two-year work extension.
- You must be under 50 years of age
- You applied for and are granted your first student visa on or post 5th November 2011
- You hold a valid and eligible visa
- You held a student visa in the last 6 months
- You hold a recent degree in a CRICOS-registered course
- You’ve submitted health insurance evidence for all applicants when you apply
- You’ve submitted evidence to prove that you applied for an AFP check
- You’ve proof of the required level of English.
The work extension period is available for international students who graduated with select degrees in areas of verified skill shortage. It applies to students with the 485 visa. The full list of eligible courses will be published before 1st July 2023. At present, there is no end date set for this measure.
This eligibility is dependent on the in-demand occupations currently listed on the Skills Priority List to relevant qualifications. That said, the list of occupations will be annually monitored and reviewed for any changes in the labour market, including the emergence of any risks. This may not adversely impact the international students of an eligible course that may be removed from the list later on.
Also, students who graduate with an eligible qualification when they start studying or after completion, or both, are eligible for the extension.
International students are allowed to change their course of study to an eligible qualification to gain eligibility for the extension. That said, generalist qualifications, graduate certificates and graduate diplomas have been excluded from eligibility as they do not meet the Australian study requirement.
Transitional arrangements to support other graduates
There are transitional arrangements in place to support other graduates. Temporary Graduate Visa holders in Australia who do not qualify for the TGV Replacement stream, either because their visa has expired or will expire between 1 September 2022 and 1 July 2023, or because they were in Australia throughout the pandemic period, may be eligible for a COVID-19 Pandemic Event (subclass 408) visa with a 2-year stay period, provided they are employed or have a job offer.
To qualify for the Pandemic event visa, you must apply 90 days before your TGV expires or 28 days after it expires. However, if you are granted a 408 Pandemic Event visa, you will not be eligible to apply for an extended TGV separately. Before applying, you should carefully consider your options.
The extension in cap hours for international students
As mentioned earlier, the extension in cap hours for international students has increased from 40 to 48 hours on a fortnightly basis. This measure will take effect from 1st July 2023, regardless of when the international student started studying in Australia.
The primary purpose for reinstating the working hour cap is to help balance the students’ need to support themselves while studying in Australia.
Also, the Australian Government has agreed to recommendations for post-study work rights. Their purpose is to address the following potential risks that might occur for international students.
- Ensure the needs of student and graduate visa holders are considered when making the package of reforms to address migrant worker exploitation expected in 2023.
- Ensure that details, including the role of the Fair Work Ombudsman in securing workplace rights and protections for all workers in Australia, are available to international students and graduates.
There is a board called the Fair Work Ombudsman. A student who experiences exploitation at the workplace can contact this board for support and necessary action. The Assurance Protocol applies to temporary visa holders with work restrictions. This includes the Student visa (subclass 500), which allows international students to seek assistance from the Ombudsman without fear of visa cancellation. This even applies in conditions when the student has breached their visa conditions. Employers cannot cancel visas, even if the international student has breached the visa conditions.
For more information or guidance on applying for a post-study work extension, reach out to us today.