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Can International Students Start a Business in Australia?

 

Many international students consider starting a business in Australia while completing their studies. In most cases, this is possible, provided certain visa conditions are met. However, it is essential that a student’s primary focus remains on their course and that any business activities comply with their visa requirements.

 

What Rights & Restrictions Under the Student Visa?

 

The most common type of student visa is Subclass 500. The visa allows holders to stay in Australia while undertaking full-time study with an approved education provider. Holders are restricted to working up to 48 hours per fortnight while their course is in session, and there is no restriction on working hours during course breaks. A fortnight refers to a period of 14 days, starting on a Monday.  These time limits apply to managing or operating a business; failing to comply with these conditions can result in visa cancellation.

While student visa holders are operating their business, they must also meet course requirements, including remaining enrolled in a registered course and maintaining satisfactory attendance and course progress as required by their education provider.

International students may employ staff to assist in running their business. Hiring employees is permitted, provided the student does not personally work more than 48 hours per fortnight during study periods. Even with staff in place, students must continue meeting all visa conditions and prioritise their studies.

 

Steps to Start a Business on a Student Visa

 

Choose a Business Structure

Students can choose a business structure, such as a sole trader, company, partnership or trust. A sole trader is a one-owner business. Many students choose to start their business as a sole trader, as this is the simplest option to run a business with a registered Australian Business Number (ABN).

Depending on the business structure selected, students may need to understand the role of different registration numbers:

 

A TFN (Tax File Number) is used for individual tax purposes.

An ABN is required for businesses to register for the Goods and Services Tax (GST) regime.

An ACN (Australian Company Number) is required if the student chooses to set up a company. A company will generally hold both an ACN and an ABN.

 

Apply for an ABN

Students must apply for an ABN through the Register for an ABN website.

 

Register Your Business Name With ASIC

You must also register your business name with ASIC via the ASIC Connect portal.

You can check whether your preferred business name is available through ASIC.

 

Stay Compliant With Your Visa Conditions

Do not work more than 48 hours per fortnight during study periods.

 

Meet Tax Obligations

You must lodge your return of income with the Australian Taxation Office (ATO) each financial year and keep your records for at least five years.

Students must also consider whether their business needs to register for GST. GST registration is compulsory once the business reaches an annual turnover of $75,000 or more. GST must be included in the price of taxable goods and services, and registered businesses must lodge Business Activity Statements (BAS). Monitoring turnover throughout the year is essential to ensure compliance.

All businesses, including those operated by international students, must comply with Australian Consumer Law. This includes obligations relating to truthful advertising, refund and return rights, and ensuring that goods and services meet consumer guarantees. Failing to comply can result in penalties and may damage the business.

 

Post-Study Pathway

 

The Temporary Graduate (Subclass 485) visa can be an attractive option for international students who wish to continue running or expanding their business after completing their studies. Subject to eligibility, this visa provides full work rights and offers time to develop the business, gain local experience, and plan long-term goals. Some students use this period to strengthen their business operations, while others explore pathways toward skilled migration or employer sponsorship.

 

Contact Us

 

For more information, contact Bambrick Legal today.

Please note: Our migration and citizenship consultations are provided on a fee basis.

Related Blog – Employment Rights for International Students & Temporary Visa Holders

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