For many international students in Australia, the fear of visa cancellation can act as a barrier to reporting workplace exploitation. If you have been pressured by an employer to work more than your allowed 48 hours per fortnight or have been subjected to underpayment, you might worry that speaking up will jeopardize your stay in the country.

In 2026, it is vital to know that you are not powerless. The Assurance Protocol—a formal agreement between the Fair Work Ombudsman (FWO) and the Department of Home Affairs—is designed specifically to protect students who report workplace abuse.

What is the Assurance Protocol?

The Assurance Protocol is a safeguard that encourages migrant workers, including international students, to report workplace exploitation without the fear of visa cancellation.

If you have breached your visa work conditions (such as exceeding the 48-hour fortnightly limit) as a direct result of being exploited or coerced by an employer, the Department of Home Affairs will generally not cancel your visa, provided you meet certain criteria.

The Three Pillars of Protection

To benefit from the Assurance Protocol, you must meet three core requirements:

1. Genuine Cooperation: You must have sought advice or support from the Fair Work Ombudsman and be actively assisting them with their inquiries into your workplace.
2. Clean Record (Non-Visa Related): There must be no other grounds to cancel your visa, such as issues related to national security, character, health, or fraudulent behavior.
3. Future Commitment: You must commit to following your visa conditions moving forward.

Why You Should Not Fear Reporting

Many students mistakenly believe that the Fair Work Ombudsman will “tell on them” to immigration authorities. This is a myth.

• FWO is Independent: The Fair Work Ombudsman is not part of the Department of Home Affairs. Their primary role is to help you understand your rights and resolve issues like underpayment, unsafe working conditions, or employer coercion.
• Safety First: If you are being threatened by an employer—for example, if they are holding your passport, docking your pay unfairly, or forcing you to work illegal hours—you have the right to seek help.
• Protection from Retaliation: Employers often use the threat of reporting you to immigration as a tool of coercion. The Assurance Protocol effectively removes this power from the employer, ensuring you can report the exploitation safely.

Practical Steps if You Are Being Exploited

If you believe you are being mistreated at work, take these steps immediately:

• Document Everything: Keep a record of your hours using tools like the Record My Hours app, save your payslips, and keep copies of messages or emails where an employer may have pressured you to work extra hours.
• Contact the Fair Work Ombudsman: You can contact the FWO for free, confidential advice. They have services available in multiple languages, and you can even report issues anonymously.
• Be Honest: If you have breached your work hour limits because your employer forced you to, be upfront with the FWO about why it happened. This transparency is what triggers the protections under the Assurance Protocol.
• Seek Legal Aid: Many student unions and state-based legal centers (like Study Melbourne) provide free legal services to help international students navigate employment and migration issues.

A Note on Visa Integrity

The Assurance Protocol is not a “get out of jail free card” for deliberate or repeated breaches of visa conditions. It is a protective measure for those who have been victimized. The best way to protect your visa is to stay informed about your current work rights (48 hours per fortnight during the semester) and to maintain your own records to ensure you stay within the law.

Disclaimer: This guide is for informational purposes. If you are facing a workplace issue, please contact the Fair Work Ombudsman directly. Your rights as a student in Australia are protected, and you do not have to endure exploitation in silence.