Val Tibenham Posted July 5, 2016 Share Posted July 5, 2016 Hi My daughter has been in Oz on a 573 student visa. She has just completed her course, graduating with a Masters Degree, by coursework. She is hoping to apply for a PR visa, although she will probably go for a Graduate visa 485 first, as time is short. Her problem is finding out when she can start working full-time. Her course has finished and results have been released but her confirmation of enrolment has a finishing date of 31 July. Can she work now or does she have to wait until after 31 July? DIBP website says that working "in session" is limited to 20 hours per week and they define "in session" as the following - We consider your course to be 'in session': if you have completed your studies and your Confirmation of Enrolment is still valid Is this information just for the new student visa categories, current from July 2016? Link to comment Share on other sites More sharing options...
George Lombard Posted July 5, 2016 Share Posted July 5, 2016 Hi Val, I haven't seen that definition of "in session" before - can you give a link or directions on where to find it? Cheers, George Lombard Link to comment Share on other sites More sharing options...
Val Tibenham Posted July 6, 2016 Author Share Posted July 6, 2016 Hi George If you click on this link and then click on course in session definition: https://www.border.gov.au/Trav/Stud/More/Work-conditions-for-Student-visa-holders# We're just not sure if this relates to the 573 visa or the new 500 visa, uni unsure also. It just might make a difference for my daughter as she has been offered a job. Link to comment Share on other sites More sharing options...
George Lombard Posted July 6, 2016 Share Posted July 6, 2016 Hi Val, Sorry, I'm in transit today but this doesn't sound right, hopefully someone else can check it out for you. cheers, George Lombard Link to comment Share on other sites More sharing options...
George Lombard Posted July 8, 2016 Share Posted July 8, 2016 Hi Val, The legal restriction is to 40 hours in any fortnight and the Department's view seems to be that the course is still "in session" if you've completed it early, ie they don't like people being here and working when they were supposed to be studying. Best I can do as still travelling until Tuesday but probably she should get advice from an agent with the full range of professional tools at their disposal as the risks of getting it wrong are pretty severe. Cheers, George Lombard Link to comment Share on other sites More sharing options...
ricco56 Posted July 8, 2016 Share Posted July 8, 2016 Val I've compared the interpretations of 'in session' (condition 8105: 40 hours work per fortnight) as it applies to both the new subclass 500 student visa and the earlier 573 student visa, and although the wording has changed in the guideline documents the requirement that the Confirmation of Enrolment must have expired has not changed. Has your daughter sought clarification from the educational institution involved as to whether having completed the requirements, including finalisation of results, leads to a change of her enrolment status? If she can get written confirmation from them that the confirmation of enrolment has expired then she would have a good case for taking up full time work until such times as her current 573 expires. If not, she should definitely err on the side of caution and wait until August 1 (presuming she still has her 573), or until she receives a new visa with unrestricted work rights, before taking up full time work. As George mentioned above, the consequences of getting this wrong could be very severe. Link to comment Share on other sites More sharing options...
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