If a student works 20 hours on TFN and 20 hours on ABN per week, will that breach their visa condition? Is it true that hours don't count when you work on ABN?
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Hi @safayat,
Good question, but not one we can answer.
You're best to check with the Department of Home Affairs regarding work restrictions for student visa holders that work under an ABN. Whether the hours worked under an ABN count.
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If you've fallen for the work for me trick, we won't call you an employee but a contractor, go get an ABN, will pay you crap wages, no super, no workers comp, need you're own insurance, then I would suggest that is regarded as work just as proper work is as an employee. If what you are doing under an ABN looks like normal work then that's what it is. Old saying. If it walks and sounds like a duck then it's a duck.
Hi @safayat,
Good question, but not one we can answer.
You're best to check with the Department of Home Affairs regarding work restrictions for student visa holders that work under an ABN. Whether the hours worked under an ABN count.
The issuance of ABNs to international students poses a significant risk of enabling both students and contractors to circumvent immigration and tax laws. Under current legislation, international students are explicitly restricted to working no more than 20 hours per week during academic terms and must present their visa documentation when seeking employment.
However, in sectors such as construction, many employers fail to adhere to these requirements. Once an ABN is provided, employers often neglect to verify the student's visa conditions, effectively allowing non-compliant work. Moreover, a substantial number of students fail to declare income correctly, with many departing the country without filing Business Activity Statements (BAS) or settling their tax liabilities.
Given these prevalent issues, there is an urgent need for more robust oversight and regulation regarding the issuance of ABNs to international students. Such allowances should be prohibited to prevent further abuse. Additionally, enforcement mechanisms are insufficient to address these violations. For instance, it is unclear how immigration authorities could effectively monitor the working hours of international students engaged in gig economy roles, such as Uber drivers. Furthermore, the tracking and enforcement of outstanding BAS submissions become virtually impossible once students leave the country without fulfilling their tax obligations.
In light of these concerns, a comprehensive crackdown on international students holding ABNs is not only warranted but necessary to uphold the integrity of both immigration and tax systems.
Hi @energy1
Some great insights.
I'll clear up what I can. Not everyone who has an ABN needs to register a role to complete a BAS. So, outstanding BAS may not be a huge priority.
Anything else you'd be best to get straight in touch with the Department of home affairs about your concerns. To ask them how they monitor that.
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