If you’re an international student completing a course or program of study, it’s important to understand what your rights are while living overseas. Whether you’re looking for part-time work or renting an apartment, read on for a high-level look at what your rights are in Australia, Canada, the United States, and the United Kingdom. Remember, your rights may vary across countries and across states, regions, or provinces.
Note: While the resources shared below are current as of September 2024, policies can change over time. The information in this article may also not apply to certain jurisdictions. This article does not guarantee the accuracy of all information from external sites cited. This article is not to be construed as legal advice. This post is intended to provide a high-level overview of the topic discussed.
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- General rights (freedom of speech and assembly, voting)
- Education rights (student services, complaint resolution)
- Housing rights
- Working rights (anti-discrimination, minimum wage levels)
- Legal resources for international students
General Rights
These rights relate to how you should expect to be treated while living abroad. In general, citizens and temporary residents like students have similar basic human rights, like:
- Freedom of speech
- Freedom of expression and peaceful assembly
- Freedom of religion
- The right to contact their country’s consulate
- Being presumed innocent until proven guilty
- The right to not be searched without a subpoena or warrant
- Guaranteed equal protection under the law
Some rights are different depending on the country. For example, you can’t vote in Canada, or in Australia (except in civic elections in Melbourne), or in the US (except in some civic elections). However, international students may vote in some UK elections—and may need to register to vote, or face a fine if you try to vote without registering!
Resource: The UK’s National Union of Students has a handy tool which can tell you if you’re eligible to vote.
Sometimes, you’ll have to consider your rights carefully against potential consequences. In an era of campus protests, you may attend peaceful protests because you have a right to peaceful assembly. However, if you receive a suspension or police interaction from attending the protest, it could put your student visa at risk.
Education Rights
To help ensure international students have access to quality education, many countries have created laws to protect students. Your institution may also have a separate code of conduct for students. If it exists, this code of conduct is an important document to read, so that you know what’s expected of you. Note that the summaries below are not a complete list of rights. We’ve highlighted a few different rights in each destination.
Australia
International students may only enrol in courses that meet Australian quality standards under the Commonwealth Register of Institutions and Courses Overseas Students, or CRICOS. Australian academic institutions are required by law to provide student support. This includes processes like the Tuition Protection Scheme, which helps you find a new institution to study at or a tuition fee refund if the institution you’ve enrolled at can’t deliver your course.
Institutions must also provide the following services for free:
- Advice on emergency and health services
- Legal services (handy for reviewing contracts like housing agreements)
- Advice on student visa conditions related to your course
If you have a serious complaint about your institution, you can contact an independent Overseas Student Ombudsman for support.
Canada
In Canada, your rights and freedoms as an international student are protected on campus. This includes freedom of religion, sexual orientation, and gender expression. If you think your rights have been violated, you can talk to your students’ union, who can help you file a complaint. You may also speak with a campus ombudsperson confidentially for an impartial perspective, or they can be a mediator between you and another party. Ombudspeople have strong knowledge of your institution’s policies and can suggest potential solutions.
You also have a right to privacy, so personal information held by your institution can’t be shared with others without your consent. (This includes your parents calling your university to see how your grades are.)
While it varies by institution, you may also have the right to intellectual property and copyright. If you’ve contributed to a research publication, you have a right to be recognized for your contribution.
United Kingdom
International students may vote in Students’ Union elections at their academic institution. They may also run in these elections, and may also extend their student immigration permission to work as Student Union Sabbatical Officers.
If you’re having a problem at your institution, your personal tutor or residence advisor is a good person to talk with. However, if the problem continues (or the trouble is with your tutor), you can start a more formal process by connecting with your Students’ Union. If that fails, you may contact an independent ombudsman.
If there are issues with your education provider, like they haven’t provided the promised services or are offering unaccredited degrees, the local Trading Standards office or the Consumer Rights section of the UK government website are good resources for next steps.
United States
Every person in the US has basic rights which must be respected by all authorities. If you have questions about your rights as a non-citizen, or about an interaction with the local or federal government, contact your college or university’s office of international students. You may also access resources through organizations like the American Civil Liberties Union or National Immigration Law Centre.
It’s also important to understand how to maintain your student status (your F-1 or M-1 visa). This includes responsibilities like maintaining a full course of study and checking in with your Designated School Official (DSO) if you need to drop a class or request a program extension.
Your DSO is your go-to person for questions about the legal requirements of your stay. Whether you want to transfer to a new institution, change your major or minor, or travel outside the US, you must connect with your DSO first so they can help you follow the right steps.
Students may also have intellectual property (IP) rights, which can include everything from new pieces of music to computer code. However, if the IP was created using university resources or during your program, it’s key to know your institution’s IP and tech transfer policies, as the institution may hold some rights to the invention too.
Housing Rights
Many international students live on campus during their first year. It has lots of benefits: you’re close to classes, surrounded by other students, and if you buy a meal plan, you won’t even have to cook some (or all) of the time.
However, if you want more space, or are bringing your partner or family, it’s more likely you’ll live off-campus.
Things to remember when renting:
- Even if you have a great credit history, it often won’t be recognized in a different country. This can make it harder to find a new home, so allow extra time to look for places.
- Generally, a landlord can’t ask you to pay a deposit or bond until you’ve signed a lease.
- Never rent a place without seeing it first. Either tour the space yourself or have someone you trust do a walk-through with the landlord (ideally while on a video call, so you can see it as well).
- You might be asked to pay a larger security deposit because you don’t have a local credit history. Some countries limit how much a landlord can ask for. It might be the first and last month’s rent (common in the US, though laws vary by state), or just the last month (most cases in Australia and Canada). The UK doesn’t have a legal limit on how much rent in advance you can be asked for. The average is one to two months, though.
As a renter, you have these rights:
- Your landlord can’t enter your home without written notice (usually at least 24 hours in advance). They must give a reason for accessing your rental. If they enter without notice in a non-emergency, they are likely trespassing.
- In most cases in the US, landlords may only access your property between 9:00 AM and 5:00 PM. In many parts of Australia and Canada, it must usually be done between 8:00 AM and 8:00 PM. In the UK, the expectation is “a reasonable time of the day.”
- Your landlord cannot arbitrarily end your lease before it expires. You can be evicted, but your landlord must obey the law and give you adequate notice.
- Leases cannot be arbitrarily increased mid-term except in specific cases (you add a roommate or adopt a pet, or your building has a major renovation).
- Landlords cannot legally refuse to rent to applicants based on their family status, race, colour, nationality, sexuality, gender, or disability.
Working Rights
As an international student, it’s up to you to know how much you can work while class is in session, and if you may work on- or off-campus.
What does working while studying look like in different countries? Check out our posts on Australia, Canada, Ireland, the US, and the UK.
In all of the top Anglophone study destinations, you’re protected from being discriminated against at work, whether for your ethnicity, gender identity or expression, place of origin, faith, marital status, disability, age or other protected grounds.
Here, “discrimination” means more than harassment. It includes unequal treatment (like a wage gap between your salary and others doing the same job, or suddenly getting fewer shifts). It can also include unfair corrective actions, like making the same mistake as someone else, but being treated differently.
International students also have salary rights. You must be paid at least the standard minimum wage.
Note: Across Canada and the United States, minimum wage varies, and there may be two levels: a “tipping” wage which has a lower cash salary supplemented by tips, and a standard minimum wage. In Canada, Quebec has a minimum tipping wage.
Minimum Wages in Popular Study Destinations in September 2024
- Australia: A$24.10/hour for non-apprentices over 21.
- If you’re under 21, your minimum wage is prorated.
- Canada: The national minimum wage is C$17.30/hour.
- Minimum wage varies regionally from C$15/hour in Alberta to C$19/hour in Nunavut.
- United Kingdom: £11.44/hour (ages 21+) or £8.60/hour (ages 18–20).
- Minimum wage varies depending on age and if you’re an apprentice.
- United States: The national minimum wage is US$7.25/hour.
- Minimum wages vary by state, from US$5.15/hour in Wyoming and Georgia to US$17.50/hour in the District of Columbia (DC).
- The minimum cash wage for tipped employees is US$2.13/hour, combined with a tip credit of up to US$5.12/hour to reach the federal minimum wage.
- If both the federal and state minimum wage laws apply to you as an employee, you’re entitled to the higher hourly wage.
- Some states, like Louisiana, Mississippi, South Carolina, and Tennessee don’t have a state minimum wage law, but employers subject to the Fair Labor Standards Act must pay their workers at least the federal minimum wage.
Calling all budget-conscious international students! These affordable student cities in five different countries could be great destinations.
Legal Resources for International Students
We know contracts (like phone plans and rent agreements) can be long and confusing. The good news? You can often get free or low-cost legal advice on campus to help you understand them. Legal offices on campus can also help with student visa questions.
While we hope your time as an international student is largely happy, in tough times, it’s key to know there are resources you can use. Need extra support with bigger challenges, like leaving an abusive partner, or dealing with an illegal eviction? Your institution may have staff members trained in these areas. Check with the legal or international student offices for how support works.
Or, you may be eligible for legal aid, which is a less expensive way to access legal support. Plus, legal aid may offer free translators, which can make the process easier.
Key things to remember:
- Read everything you’re asked to sign before signing it.
- Ask for help (including legal advice) if there’s something you don’t understand, or which doesn’t make sense to you.
- It’s okay to take time to think about something like a rental agreement or job contract. Being rushed can mean something is “too good to be true.”
Doing these things can save you time, money, and headaches by helping you see if a contract or agreement is poorly or unfairly made.
Stay safe while you’re abroad—here are some strategies to spot common scams.
We hope that this information on your rights as an international student helps to prepare you for your own journey. The process can feel stressful sometimes, but the experiences you’ll have and the connections you’ll make to this massive global community are worth the work!
Take the next step—find a study program on the free-to-use ApplyBoard platform.
