The 48-hour work limit is not what threatens your students. The 'come here to work' pitch is.
Work rights are stable, but the Minister has singled out providers that sell study as a route to work, with attendance as an afterthought. Here is how RTOs can put course outcomes, attendance support and clear visa guidance first.
Ask a prospective student what matters most about studying in Australia and work rights often come up early. That is understandable: living here is expensive. But the September announcement was clear about where the government sees the problem. It is not students working. It is courses sold as a way to work, with study as an afterthought.
What the Minister said
Describing what he called visa hopping, Home Affairs Minister Tony Burke said one of the worst examples is when students "transfer down to a not-so-legitimate educational provider" who tells them "Study with me, it'll cost you less" and "We're not very demanding on whether you attend anything, and you'll be able to go for your life and get out there and work", where this "is being used effectively to drive a migration outcome, not an educational outcome" (Minister for Home Affairs, National Press Club speech).
His answer was a rule that students "can go up the qualification scale, but only up". No commencement date has been announced.
What the work rules actually say
| Rule | What Home Affairs says |
|---|---|
| Work while the course is in session | Up to 48 hours a fortnight, since 1 July 2023 |
| What a fortnight means | A period of 14 days starting on a Monday |
| When the course is not in session | No work restrictions |
| Before the course starts | Students and family members cannot work |
| Master's by research or doctoral students | Can work more than 48 hours a fortnight |
| The condition | Students must know their work rights in condition 8105 |
Sources for the table: Home Affairs, working hours for student visa holders and Home Affairs, Student visa (subclass 500).
Home Affairs also sets 12-month living costs for financial capacity at AUD29,710 for a student (Home Affairs). That figure is a reminder that work is meant to supplement, not replace, the funds a student shows when they apply.
The contrarian point: protect the study, and the work rights take care of themselves
The 48-hour limit has been stable since 2023. What has changed is the scrutiny of what sits around it. Attendance and course progress are monitored and reported under the National Code. For ELICOS, minimum attendance is 80 per cent, and providers must have intervention strategies for students at risk (ASQA, overseas student attendance). Condition 8202 requires satisfactory attendance and progress (Home Affairs, Simplified Student Visa Framework).
A student who works too many hours usually misses classes first. Their attendance drops, then their progress, and then their visa is at risk. Any later application, including a new visa for a course change if the proposed rule arrives, will look at that record. The Genuine Student criteria already ask about course progress and study gaps for people who have held a student visa (Home Affairs, Genuine Student requirement).
So the RTO that markets work rights hardest is not doing its students a favour. The RTO that builds timetables, attendance support and honest messaging around study is protecting both their visa and their right to work.
What RTOs should do now
1. Rewrite marketing that leads with work
Put course outcomes, industry links and support first. Describe work rights accurately and briefly, with the 48-hour limit and the definition of a fortnight.
2. Explain fortnights properly at orientation
Students often count weeks, not Monday-to-Sunday fortnights. A simple worked example can prevent a breach.
3. Publish term dates clearly
Students can work unlimited hours when their course is not in session, so they need to know exactly when breaks begin and end.
4. Link attendance alerts to a conversation about work
When attendance slips, ask about shifts. Many problems are a roster problem, and early help can fix them.
5. Check your agents' messaging
Make sure agents are not promising "flexible attendance" or work-first study. That is the model the Minister described.
What it means for students onshore and offshore
Offshore, plan your budget on the funds you show for your visa, not on the hours you hope to work. A Brazilian student in their twenties, a young Filipino student or a mature-age Pacific student should be wary of any provider that says attendance is flexible. Remember you cannot work before your course starts.
Onshore, track your hours by fortnight, starting each Monday. Keep payslips and rosters. If work is affecting your attendance, talk to your provider early, before it becomes a visa problem.
Frequently asked questions
How many hours can I work on a student visa?
Up to 48 hours a fortnight while your course is in session, and unlimited hours when it is not in session.
What counts as a fortnight?
Home Affairs says a fortnight is a period of 14 days starting on a Monday.
Can I work before my course starts?
No. Student visa holders and their family members cannot work before the course starts.
Did the September announcement change work hours?
The Minister's speech did not announce a change to the 48-hour limit. It focused on transfers, progression and dependants.
What if my attendance drops because of work?
Talk to your provider straight away. Low attendance or progress can lead to reporting and visa consequences. Get advice on your own situation.
Want help getting the message right?
Helix Plus helps RTOs with the migration side of student support, including marketing and agent reviews, orientation content on visa conditions, and student visa advice. Email enquiries@helixplus.com.au and we will come back with practical options.
We are also opening a newsletter for RTOs and education partners, covering migration changes that affect enrolments, compliance and student outcomes. Email us with "newsletter" in the subject line and we will add you to the list.
Sources
- Minister for Home Affairs, speech to the National Press Club, 17 September 2026
- Department of Home Affairs, Working hours for student visa holders
- Department of Home Affairs, Student visa (subclass 500)
- ASQA, Overseas student attendance
- Department of Home Affairs, Simplified Student Visa Framework
- Department of Home Affairs, Genuine Student requirement
This article is general information current as at 3 October 2026 and is not immigration advice for your circumstances. Announced measures may change before they commence. For advice on your own situation or your students, speak with a Registered Migration Agent at Helix Plus.
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