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Monthly Archives: June 2024

June 28, 2024

Introduction

The Australian Government has introduced new amendments to the Migration Regulations 1994, impacting onshore student visa applications. The latest amendment, Migration (Specification of Categories of Visas that Preclude a Person from Lodging a Student Visa Application in Australia) Amendment Instrument (LIN 24/051) 2024, specifies additional categories of substantive temporary visas that prevent individuals from applying for a Student (Subclass 500) visa or a Student Guardian (Subclass 590) visa while in Australia. These changes take effect from July 1, 2024.

Overview of the Amendment

Under Item 1222(5)(c) of Schedule 1, LIN 24/051 amends the earlier IMMI 16/016 by adding six new visa subclasses to the list of those ineligible to apply for onshore student visas. This amendment aims to regulate the visa hopping phenomenon and ensure that the integrity of Australia’s visa system is maintained.

Impacted Visa Subclasses

The following six substantive temporary visa subclasses have been added to the list of those ineligible for onshore student visa applications:

  1. Temporary Graduate (Subclass 485)
  2. Electronic Travel Authority (Subclass 601)
  3. Medical Treatment (Subclass 602)
  4. eVisitor (Subclass 651)
  5. Maritime Crew (Subclass 988)
  6. Visitor (Subclass 600) – This includes the entire subclass, expanding the restriction from the previously specified Sponsored Family and Approved Destination Status streams.

Key Changes and Implications

  • Temporary Graduate (Subclass 485) Visa Holders: Individuals on a Temporary Graduate visa will no longer be able to transition directly to a student visa while in Australia. They must now leave the country to apply for a new student visa.
  • Visitor Visa (Subclass 600) Holders: Previously, only the Sponsored Family and Approved Destination Status streams were restricted. Now, the entire subclass is included, meaning no visitor visa holders can apply for a student visa while in Australia.

Rationale Behind the Amendment

The amendments aim to curb the practice of visa hopping, where individuals exploit temporary visas to remain in Australia for extended periods by sequentially applying for different visas. This move is intended to strengthen the integrity of the Australian visa system and ensure that it serves its intended purpose.

Conclusion

The LIN 24/051 amendment introduces significant changes for those planning to apply for student visas while onshore in Australia. By including additional temporary visa subclasses in the list of those precluded from onshore applications, the Australian Government seeks to enhance the regulation of its visa system. Prospective students and guardians must now be more strategic in their visa planning and may need to make applications from outside Australia.

Key Dates

  • Commencement Date: July 1, 2024

For further information, individuals are encouraged to consult the full text of the LIN 24/051 amendment and seek professional advice if needed.


This new amendment highlights the importance of understanding and adhering to visa regulations when planning to study in Australia. Ensuring compliance will help maintain the integrity of the Australian immigration system and provide a fair process for all applicants.

June 28, 2024

New Rule Effective Immediately

Effective immediately, international students in Canada are no longer permitted to apply for a post-graduation work permit (PGWP) at a Canadian border crossing. This announcement was made by Canadian Immigration Minister Marc Miller on 21 June 2024.

Closing a Loophole

The new regulation aims to close a loophole where students have been bypassing processing times for PGWP applications filed within Canada by accessing same-day immigration services at border crossings. This practice, known as “flagpoling,” has been a common method for students to expedite their work permit applications.

Impact on Border Resources

According to a statement from Immigration, Refugees and Citizenship Canada (IRCC), flagpoling consumes significant resources at the border, diverting officers from their primary enforcement duties, causing delays for travelers, and slowing down the movement of goods. From 1 March 2023 to 29 February 2024, PGWP applicants accounted for about one-fifth of the foreign nationals attempting to flagpole.

Minister’s Statement

Minister Miller emphasized that while the contributions of international graduates to Canada’s labor market are valued, flagpoling is unnecessary. He stated, “The time and effort required to process applications from ‘flagpolers’ takes officers on both sides of the border away from their crucial role in protecting the safety, security, and prosperity of Canadians and Americans. This measure will help prevent this practice while maintaining the integrity of our immigration system.”

Study Permit Expiry and Work Permit Application

IRCC highlighted that in most cases, a study permit expires 90 days after the expected completion of an international student’s study program. Eligible students who apply online for a PGWP before their study permit expires can work full-time while waiting for approval on a work permit. They receive an automated letter to show employers, and the work permit is mailed directly to the student upon approval.

Reducing Same-Day Immigration Services

In conjunction with the ban on flagpoling for PGWP applicants, IRCC has reduced the availability of same-day immigration services at 12 ports of entry across Canada. This change aims to allow border services officers to efficiently process the large volume of travelers during peak periods and to focus on other key priorities, such as managing high-risk travelers and facilitating trade.

Enhancing the Online Application Process

To further support international graduates, IRCC is working to speed up processing times for PGWP applications filed within Canada. The online application process for foreign graduates is being simplified, and PGWP holders are allowed to start working for a new employer immediately, without waiting for a new PGWP application to be processed before making a job change.

Conclusion

The new rule banning PGWP applications at Canadian border crossings is designed to streamline immigration processes, reduce resource strain at borders, and maintain the integrity of Canada’s immigration system. International students are encouraged to apply online for their post-graduation work permits to ensure a smoother transition into the Canadian workforce.

June 26, 2024

If you intend to pursue your education in Australia, preparing for the student visa interview is crucial. The Australian Government has a rigorous selection process, and being ready for challenging questions can significantly increase your chances of success. In this guide, we outline frequently asked questions and provide advice on how to answer them effectively.

Purpose of Your Trip

What is the purpose of your trip to Australia?

Your answer should be concise and clear, outlining your intention to pursue a specific degree or study program in Australia.

Why did you choose Australia for education?

Explain your motivation for selecting Australia over other countries, highlighting factors such as world-class universities, a variety of courses, and promising career prospects after graduation.

Previous Visits and University Details

Have you been to Australia before?

Answer truthfully. If you have, mention the reason for your visit and the duration of your stay.

Which college or university are you going to in Australia?

Provide the name of the institution where you have been accepted. Make sure you pronounce the name correctly.

Where is your college or university located?

Demonstrate your awareness of your institution’s exact location and its surrounding area’s specialties.

Why did you choose college over university?

If you chose a college, explain why it was a better fit for your goals, such as offering a specific course you wanted.

Course and Career Plans

Can you briefly describe the university you’ve selected?

Highlight key features of the university and what attracted you to it.

Did you apply to any other colleges or universities?

Be honest about any other applications you made and the responses you received.

Why have you chosen this course?

Explain how the course aligns with your career goals and why it is essential for your future.

Do you intend to stay in Australia once your degree is over?

Justify your decision to return home after completing your course, demonstrating your commitment to your home country.

Tell me about your course.

Provide an overview of the course and its structure to show your interest and understanding.

What is the duration of your course?

State the correct duration, such as one or two years, depending on your course.

When does your course start and finish?

Be aware of the commencement and end dates of your course and answer honestly.

How much does the chosen course cost?

State the cost in Australian dollars (AUD) as shown on your Confirmation of Enrolment (CoE).

How are you going to pay for the course?

Answer carefully, emphasizing that your financial support comes from reliable sources and not part-time work.

Is this course available in your home country?

Explain why studying in Australia is a better option than in your home country.

Do you plan to continue studying in Australia after your course ends?

Be honest about your future plans, whether you intend to continue studying or return home.

Do you have any plans to get PR in Australia after completing your course?

State that your intention is to return home after your studies, as the student visa does not provide a direct path to permanent residency.

Personal and Family Details

How many colleges did you receive acceptance to?

Answer truthfully about the number of acceptances you received.

What do you plan to do during your semester break?

Share your plans openly, such as spending time with family in your home country.

Do you have any plans to work in Australia?

Indicate that your primary focus is your studies and that you do not plan to work in Australia.

Where did you graduate from before applying for a student visa in Australia?

Provide the name of your previous institution and your academic credentials.

Why did you change your course of study?

If applicable, explain the reasons for changing your field of study sincerely and clearly.

How many siblings do you have?

Provide details about your siblings, their residence, and occupation.

What do you know about the work limitations of an Australian student visa?

Demonstrate your awareness of the work restrictions, such as the 40 hours per fortnight limit during the semester.

Who is funding your studies and accommodation in Australia?

Give a verifiable response, mentioning the person or entity funding your education and stay.

Tell me about your sponsor’s annual income and occupation.

Provide accurate details about your sponsor’s income and occupation, aligning with your supporting documents.

How many individuals depend on your sponsor for financial support?

Show that your sponsor can support you financially without any issues.

Language Proficiency and Personal Commitments

Why is your IELTS or TOEFL score so low?

Answer honestly, providing your original exam transcript and explaining any efforts to improve.

Why should a student visa be granted to you?

State the benefits of studying in Australia and how your enrollment will contribute to the university.

What if your visa application is rejected?

Express your determination to reapply, highlighting the importance of studying in Australia for your future.

Do you own any property in your home country?

List your possessions, such as vehicles, houses, or businesses, to demonstrate your ties to your home country.

Is your partner coming with you or not?

Answer honestly about whether your partner will accompany you to Australia.

How would you handle financial difficulties during your stay in Australia?

Assure the case officer that your sponsor can cover any financial difficulties.

Do you pay any income tax?

Confirm that you are a responsible tax-paying citizen if applicable.

What is your most recent qualification?

State your latest educational qualification, whether it’s a high school diploma or a degree.

Have there been any gaps in your studies?

Explain any gaps in your education honestly, providing valid reasons.

What are your plans after returning back to your country?

Highlight how the course will help you achieve your career goals upon returning home.

By thoroughly preparing for these questions, you can approach your Australian student visa interview with confidence and clarity.

June 24, 2024

Starting from July 1, 2024, the Australian Government is set to introduce significant changes to visa conditions 8107, 8607, and 8608 as part of the New Migration Strategy. These changes aim to enhance labor productivity, prevent worker exploitation, and support the labor market mobility of temporary migrants. The adjustments will affect holders of Temporary Work (Skilled) visa (subclass 457), Temporary Skill Shortage visa (subclass 482), and Skilled Employer Sponsored Regional (provisional) visa (subclass 494).

Key Changes to Visa Conditions 8107, 8607, and 8608

Extended Time Periods for Visa Holders

If visa holders of subclasses 457, 482, and 494 cease working with their sponsoring employer, they will now have more time to:

  • Find a new sponsor
  • Apply for a different visa
  • Arrange to depart Australia

New Time Limits

Visa holders will be allowed up to:

  • 180 days at a time, OR
  • A maximum of 365 days in total during the visa grant period.

What Visa Holders Can Do During This Time

During the extended time periods, visa holders are permitted to work for other employers, including those in occupations not listed in their most recent approved nomination for sponsorship. This change aims to help workers maintain their standard of living while they search for new sponsors.

Important Restrictions

  • Visa holders cannot work for another employer until they have finished working for their sponsoring employer unless they are exempt.
  • Visa holders must continue working in their nominated profession while employed by their sponsoring employer.
  • Visa holders are prohibited from engaging in any employment that conflicts with any licenses or registrations required for their chosen occupation, as well as any terms and conditions that apply to their visas.

Obligations for Sponsors

Sponsors must notify the Department of Home Affairs within 28 days of any changes, such as when a visa holder resigns or when sponsorship ends. For more detailed information, sponsors can visit the official website: Sponsorship Obligations for Standard Business Sponsors.

Implementation of the Changes

The changes in visa conditions 8107, 8607, and 8608 will apply to both existing 457, 482, and 494 visas and those issued on or after July 1, 2024. Any periods during which a visa holder stopped working with their sponsor before July 1, 2024, will not count towards the new time limits.

Are You a 457, 482, or 494 Visa Holder?

If you are a visa holder worried about these new changes, it is crucial to seek authentic and updated information regarding your visa conditions and obligations. Contact our team of experts and immigration lawyers at The Migration for customized solutions to your specific concerns.

Frequently Asked Questions

Which Visas are Affected by Changes in Visa Conditions 8107, 8607, and 8608?

The affected visas include:

  • Temporary Work (Skilled) visa (subclass 457)
  • Temporary Skill Shortage visa (subclass 482)
  • Skilled Employer Sponsored Regional (provisional) visa (subclass 494)

How Much Time Will Visa Holders Have to Find a New Sponsor?

Visa holders of subclasses 457, 482, and 494 will be provided with:

  • 180 days at a time, OR
  • A maximum of 365 days in total during the visa grant period.

During this time, visa holders can work for other employers.

June 21, 2024

Fee increases for Federal Courts and Tribunals have been officially gazetted and will take effect from 1 July 2024. These adjustments will impact application fees for various reviews and filings, reflecting an upward revision from the previous fee structure. Below is a detailed breakdown of the new fees.

Administrative Appeals Tribunal (AAT) Fee Increases

From 1 July 2024, the application fees for reviews by the Administrative Appeals Tribunal will be as follows:

Type of ReviewNew FeePrevious FeeReduced Fee (50%)
Review of a migration decision under Part 5 of the Migration Act 1958$3,496$3,374$1,748
Review of a protection visa decision under Part 7 of the Migration Act 1958$2,151$2,076N/A

Note: The fee for a review of a protection visa decision is generally payable only if the application is unsuccessful.

Federal Circuit Court Fee Increases

The fees for filing an application with the Federal Circuit Court for a migration decision will also increase from 1 July 2024:

Type of ApplicationNew FeePrevious FeeReduced Fee
Full fee for filing an application$3,920$3,785N/A
Reduced fee under s 2.06A$1,960$1,890N/A

Accessing More Information

Members seeking further details on these fee increases are advised to consult the Government gazette. Additional information is available on the Administrative Appeals Tribunal (AAT) website and the Federal Circuit and Family Court of Australia website.

These fee changes emphasize the necessity for applicants and practitioners to stay informed about the evolving costs associated with legal processes in Federal Courts and Tribunals.

June 17, 2024

Yes, you can bring your family to Australia on a student visa. You can add your family members and dependents while submitting your application for a student visa in Australia. While submitting your initial application for a student visa, you can include your family in your application, or you can wait until your course starts before inviting them to join you.

Even if you don’t intend to travel to Australia with your immediate family, you should list them on your visa application. Your family members won’t be able to travel to Australia with you later if you don’t declare them in your visa application.

Who Can You Add to Your Student Visa Application?

You can add your immediate family members to your student visa application, including:

  • Your spouse or de facto partner.
  • Your dependent children under 18 years of age.
  • Your partner’s dependent children under 18 years of age.

What Are the Eligibility Requirements for Bringing Family Members on a Student Visa?

As an international student, you must fulfill the following eligibility requirements to bring your family members on a student visa:

  • Relationship Evidence: Submit evidence of your relation with your dependant family members. This can include identity documents such as birth and marriage certificates.
  • Financial Requirements: You must be financially stable enough to support your family during their stay in Australia. Submit evidence of financial stability in the form of bank statements.
  • Health and Character Requirements: Your family members will also have to show proof that they fulfill certain character and health requirements. For this purpose, they need to provide evidence of medical exams and police clearance documents.

Bringing Your Partner on a Student Visa

You can add your spouse or de facto partner to your student visa application as a secondary applicant. For this purpose, you must submit evidence to support your relationship with your partner, including a marriage certificate and evidence of combined accommodation. Moreover, you and your partner must demonstrate that you are genuine temporary entrants.

Remember that your partner may have different work rights than you. In addition, you can also check the visa conditions and work rights by the visa grant letter or using the Visa Entitlement Verification Online system (VEVO).

Bringing Your Children on a Student Visa

You can bring your children to Australia if they are under 18 years of age while submitting a visa application. However, if they are 18 or above, they must apply for their own visa. In Australia, the cost of sending any dependent children to a public or private school falls on you. Australia’s school age is around five years old, while each state and territory may have a different start date.

There are child care centers on or close to the campuses of Australian educational institutions. Consider choosing a health care service that aligns with you and your child’s best interests.

Bringing Your Parent to Australia on a Student Visa

You can bring your parents to Australia with you if you are a student under the age of 18 so that they can offer support and care to you during your stay. But they must be:

  • A parent or family member who is at least 21 years old.
  • Financially independent enough to support both you and them while they’re visiting.
  • Capable of offering you housing, welfare, and more assistance.

For this purpose, your parents must apply for a Student Guardian visa. Keep in mind that your parents cannot work in Australia and must live with you during their stay. Moreover, they must be genuine temporary entrants.

Bringing Your Family at a Later Time on a Student Visa

Even if your family members do not intend to go to Australia right away, they must be listed on your student visa application. They won’t be able to accompany you to Australia on a student visa at any point if you don’t include them on your application.

How to Apply?

Your family member or members may later apply via ImmiAccount as a subsequent entrant, independent of your application. After submitting your application and before your visa application is decided, if someone becomes a member of your family, you need to notify the Department of Home Affairs of the change in your situation.

Conclusion

So by now, you’ve got the answer to your question “Can I bring my family to Australia on a student visa?”. You can add your immediate family members to your application for a student visa or you can also invite them after starting your course in Australia. However, if you have any questions or confusion, it is better to consult an immigration lawyer instead of trying on your own.

Frequently Asked Questions

  1. Can my spouse work in Australia if they come on a student visa? Yes, your spouse can work in Australia, but their work rights may vary depending on your visa conditions and the course you are studying.
  2. What is the cost of bringing my family to Australia on a student visa? The cost includes visa application fees, school fees for children, and living expenses. It is essential to show financial capability to support your family.
  3. Can my children attend public schools in Australia? Yes, your children can attend public schools, but you will be responsible for their school fees.
  4. Can I bring my family to Australia after I have already started my course? Yes, you can invite your family members to join you after you have started your course, provided you included them in your initial visa application.
  5. What happens if I don’t include my family in my initial visa application? If you do not include your family members in your initial visa application, they will not be able to accompany you to Australia later on the same visa.
June 14, 2024

Highlights

  • Zero initial course fee: No upfront payment required for course enrollment.
  • Same day processing: Offer letters and Confirmation of Enrollments (CoEs) issued on the same day.
  • Limited time offer: Valid until the end of June 2024.
  • Eligibility: Onshore temporary visa holders.

Introduction

EMK Global Education and Migration is offering a unique opportunity for onshore temporary visa holders to apply for a new student visa with a $0 Confirmation of Enrollment (COE) deposit. This special offer aims to make it easier for temporary visa holders to continue their education in Australia without the burden of an initial course fee.

Zero Initial Course Fee

For a limited time, EMK Global Education and Migration is waiving the initial course fee for eligible applicants. This means that onshore temporary visa holders can enroll in a course without making any upfront payments, easing the financial burden and making it more accessible for those looking to further their education in Australia.

Same Day Processing

In addition to the zero initial course fee, EMK Global offers same-day processing for all offer letters and Confirmation of Enrollments (CoEs). This expedited service ensures that applicants receive their necessary documentation promptly, allowing them to proceed with their student visa applications without delay.

Eligibility and Terms

This offer is available exclusively to onshore temporary visa holders. It is designed to provide a smooth transition for those looking to continue their studies in Australia. However, it is important to note that terms and conditions apply. Interested applicants should contact EMK Global Education and Migration to understand the specific requirements and ensure they meet the eligibility criteria.

Limited Time Offer

This special promotion is valid until the end of June 2024. Onshore temporary visa holders are encouraged to take advantage of this offer before it expires. By doing so, they can secure their place in an educational institution without the need for an initial course fee, and benefit from the convenience of same-day processing for their offer letters and CoEs.

Conclusion

EMK Global Education and Migration’s offer of a $0 COE deposit and same-day processing for onshore temporary visa holders presents a valuable opportunity for those looking to continue their education in Australia. With no initial course fee required and expedited documentation, this limited-time offer provides significant financial relief and convenience. Eligible individuals are encouraged to act quickly and contact EMK Global to take advantage of this promotion before the end of June 2024.

June 14, 2024

Highlights

  • Two temporary visa pathways closed: Visitor Visa holders and Temporary Graduate Visa holders can no longer apply for Student Visas from within Australia as of 1 July 2024.
  • Visitor to Student Visa transition: Over 36,000 applications were lodged between 1 July 2023 and May 2024, leading to the policy change.
  • Graduate Visa holders: A significant percentage returned to further study to extend their stay, prompting the reform.
  • Government’s intent: To reduce net overseas migration and ensure a more strategic migration system.

Introduction

In a significant policy shift, the Australian government has announced new measures to close two temporary visa pathways. Effective from 1 July 2024, Visitor Visa holders and Temporary Graduate Visa holders will no longer be able to apply for Student Visas from within Australia. This move is part of a broader package of migration reforms aimed at tightening visa regulations and maintaining the integrity of Australia’s immigration system.

Visitor Visa to Student Visa Pathway Closed

From 1 July 2024, individuals holding Visitor Visas will be prohibited from transitioning to Student Visas while in Australia. This decision follows a notable increase in such applications, with over 36,000 submitted from 1 July 2023 to the end of May 2024. The Department of Home Affairs highlighted that this pathway had become a prevalent method for individuals to bypass standard immigration procedures.

Temporary Graduate Visa to Student Visa Pathway Closed

Similarly, Temporary Graduate Visa holders will no longer be eligible to apply for Student Visas onshore starting 1 July 2024. This measure addresses concerns raised in an October 2023 report by the Grattan Institute, which found that many Temporary Graduate Visa holders pursued further study to extend their stay. The report revealed that less than one-third of these visa holders transition to permanent residency upon visa expiry, compared to two-thirds in 2014. Instead, many opt for cheaper vocational courses to prolong their stay, creating a “visa limbo.”

Government’s Strategic Intent

The Australian government aims to direct graduates towards securing skilled jobs and either transitioning to permanent residency or leaving the country. This is part of a larger strategy to reduce net overseas migration and ensure a more planned and strategic approach to migration. Minister for Home Affairs Clare O’Neil stated, “Our goal is to build a smaller, better planned, more strategic migration system that works for Australia. Our Migration Strategy outlines a clear plan to close the loopholes in international education and this is the next step in delivering that plan.”

Implications and Reactions

The new measures will significantly impact international students and graduates currently in Australia or planning to study there. Educational institutions and businesses reliant on international talent may need to adjust their strategies to comply with the new regulations. While some stakeholders in the education sector express concerns about potential decreases in international student enrollment, proponents argue that the reforms will help maintain the integrity of Australia’s migration system and ensure that those who stay contribute meaningfully to the economy.

Conclusion

As Australia continues to refine its migration policies, these changes mark a pivotal shift towards a more controlled and strategic approach to managing international education and migration. The closure of these visa pathways is a critical step in the government’s effort to build a more sustainable and integrity-focused migration system.

June 11, 2024

Great news for aspiring migrants aiming to build their careers in Australia! Starting June 12, VETASSESS will reopen applications for skill assessments in the occupations of Chef and Fitter. This is a significant update following the pause on new applications for these roles since September 2023.

What You Need to Know

Why the Pause?

VETASSESS, a prominent skills assessment authority, had temporarily halted new applications for Chefs and Fitters to ensure their processes remained efficient and up-to-date. This pause allowed them to refine their assessment methods and ensure that they meet the highest standards required for Australian migration.

What’s Changing on June 12?

The reopening of these skill assessments means that aspiring Chefs and Fitters can now start their application process. This is a crucial step for those looking to migrate to Australia, as a positive skill assessment is often a prerequisite for visa applications.

Why Migrate as a Chef or Fitter?

High Demand Occupations: Australia has a growing demand for skilled professionals in the culinary and mechanical trades. Chefs and Fitters are highly sought after in various sectors, from hospitality to manufacturing, making these professions attractive for potential migrants.

Career Opportunities: Migrating as a Chef or Fitter opens doors to numerous career opportunities across Australia’s vibrant cities and regions. These roles not only offer competitive salaries but also provide a pathway to long-term residency and career advancement in a supportive and dynamic environment.

How EMK Global Education and Migration Can Help

Navigating the migration process can be complex, but you don’t have to do it alone. EMK Global Education and Migration offers comprehensive support to ensure your skill assessment and migration journey is smooth and successful.

Our Services Include:

  1. Expert Guidance: Our experienced consultants will guide you through every step of the VETASSESS skill assessment process, ensuring you meet all requirements and submit a strong application.
  2. Document Preparation: We’ll assist in gathering and organizing your documents, making sure everything is in order before submission to VETASSESS.
  3. Application Management: From initial consultation to the final submission, we manage your application to avoid any errors or delays.
  4. Follow-up Support: Post-submission, we continue to support you, addressing any queries or additional requirements from VETASSESS.

Get Started Today!

If you’re dreaming of a new life in Australia as a Chef or Fitter, now is the time to act. With the reopening of skill assessments, your pathway to migration is clearer than ever.

Contact EMK Global Education and Migration today to start your skill assessment process. Our dedicated team is here to help you achieve your migration goals and embark on a successful career in Australia.

Don’t miss this opportunity to take the next step towards your Australian dream!

June 7, 2024

A Temporary Graduate Visa (subclass 485) is designed for international students who have recently graduated from an Australian institute. This visa allows international graduates to live, study, and work in Australia temporarily.

New Migration Strategy: Major Changes to the 485 Visa

As of December 11, 2023, the Australian Government has introduced significant changes to the 485 visa. These changes include:

  • New age limit.
  • New English language requirements.
  • New stay duration for international students.
  • Changes to the Temporary Graduate Visa streams.
  • Post-study work extension rights.

Frequently Asked Questions About 485 Visa Updates

What are the new changes in a 485 visa in 2024?

Here are the highlights of the latest updates on 485 visas for international students in 2024:

  • Length of Stay: Reduced for international graduates.
  • Age Limit: Decreased from 50 to 35 years.
  • Graduate Work Stream: Renamed to the ‘Post-Vocational Education Work’ stream.
  • Post-Study Work Rights: No further opportunities for extension.
  • Replacement Stream: Will end.
  • English Language Requirements: Increased from 6.0 to 6.5 (IELTS).
  • Genuine Temporary Entrant Test: Replaced with the new “Genuine Student Test.”

How long can I stay under a 485 visa (Post-Study Workstream)?

The stay duration for the Temporary Graduate visa has been shortened based on the qualification level:

QualificationPeriod of Stay
Bachelor degreeTwo years
Masters by courseworkThree years
Masters by researchThree years
PhDThree years

Holders of Hong Kong and British National Overseas passports can stay for up to 5 years.

What is the updated duration of the Post-Higher Education Work Stream (485 visas) for Indian nationals?

The Australian-Indian Economic Cooperation and Trade Agreement (AI-ECTA) specifies the stay duration for Indian nationals as follows:

QualificationsUpdated Durations
Bachelor’s degree (including honors)up to 2 years
Bachelor’s degree (with first class honors in STEM, including ICT)up to 2 years
Masters (coursework, extended and research)up to 3 years
Doctoral degrees (PhD)up to 4 years

What is the new age limit for a 485 visa in 2024?

Starting from July 1, 2024, the age limit for the 

the temporary graduate visa stream (subclass 485) will be reduced from 50 to 35 years.

What are the new English language requirements for a 485 visa in 2024?

The Department of Home Affairs is set to increase the English language requirements from an overall IELTS score of 6.0 to 6.5 for a 485 visa in Australia.

What are the English language requirements for Hong Kong and British National (Overseas) Passport Holders?

For passport holders from Hong Kong or the British National (BNO) category, an IELTS score of at least 6.0 is required.

Can I apply for a 485 Visa offshore?

No, you cannot apply for a 485 visa offshore. You must be within Australia to apply for this visa.

Does a 485 visa lead to permanent residency in Australia?

No, a 485 visa does not directly lead to permanent residency in Australia. However, candidates can obtain PR by applying for skilled migration visas such as subclass 189 or 190.

What are the new changes to the Temporary Graduate Visa streams?

Starting on July 1, 2024, the changes to Temporary Graduate Visa streams will be:

  • Graduate Work Stream: Renamed to the Post-Vocational Education Work Stream.
  • Post Study Work Stream: Renamed to the Post Higher Education Work Stream.
  • Second Post-Study Work Stream: Renamed to the Second Post Higher Education Work Stream.
  • Replacement Stream: Will end in 2024.

What is the re-alignment of the Temporary Graduate visa streams to levels of study?

Here is the re-alignment of the Temporary Graduate visa streams to levels of study:

  • To apply for the Post-Vocational Education Work stream (former Graduate Workstream), you must have an associate’s degree, diploma, or trade qualification.
  • Your qualifications must align with your nominated occupation on the Medium and Long-Term Strategic Skills List (MLTSSL).
  • If you have a degree level or higher qualification, you can apply for the Post-Higher Education Work stream (former Post-Study Work stream).

What are the eligibility criteria for the Temporary Graduate visa (subclass 485) before July 1, 2024?

Applications lodged before July 1, 2024, for the Temporary Graduate visa (subclass 485) must meet the following eligibility criteria:

  • Applications must be lodged before July 1, 2024, mentioning candidates’ completed qualifications.
  • Applications must be according to Australian study requirements, including proof of the course completion date from their educational institution.
  • The completion date refers to the date on which all the academic requirements for a degree, diploma, or trade qualification are met. It does not include the official awarding of the degree as per Migration Regulations 1994, regulation 1.15F(2)).
  • Candidates must meet the eligibility requirements for the specific stream they have applied for.
  • Important Note: Applications submitted on or after July 1, 2024, will be assessed according to the new eligibility requirements.

Is the Post-Study Work extension for the 485 visa still available in 2024?

No, the Government has announced that from mid-2024, the extension of post-study work rights will no longer be provided to international graduates.

What are the common mistakes to avoid while applying for a Temporary Graduate visa?

International students often make some of the most common mistakes while applying for a 485 visa. Here is the list of those mistakes that you must avoid:

  • Not applying on time.
  • Not choosing the right visa stream.
  • Failure to submit all required documents.
  • Not meeting the study requirements.
  • Not being at the right place while applying for a 485 visa.

Tips for Avoiding Common Mistakes When Applying for a 485 Visa

Below are some of the most important tips and tricks that you must follow to submit a flawless visa application:

  • Submit the visa application for 485 within six months of the completion date of your study program.
  • Apply for the right stream that aligns with your interests and preferences.
  • Submit all the required and supporting documents while lodging your application for a 485 visa.
  • You must meet the Australian study requirements to approve your visa application successfully.
  • You must be within Australia at the time of application submission.

If you are still confused, consider seeking professional advice.

June 5, 2024

Key Highlights

  • New Minimum Wage: $24.10 per hour or $913.91 per week
  • Implementation Date: July 1, 2024
  • Affected Workforce: 2.6 million workers (20.7% of the labor force)

Overview of the Minimum Wage Increase

The Fair Work Commission has officially announced a 3.75% increase in the minimum wage for Australian workers. Effective from July 1, 2024, this adjustment will see the minimum wage rise to $24.10 per hour, translating to $913.91 per week based on a standard 38-hour workweek. This change will impact approximately 2.6 million workers, representing 20.7% of the nation’s labor force.

Reasoning Behind the Increase

The decision to raise the minimum wage was influenced by various factors, including the need to maintain living standards, address the rising cost of living, and promote workforce participation. Despite the positive reception among workers, the increase has sparked debate among small businesses and notable figures.

Commission President’s Statement

Adam Hatcher, the president of the Fair Work Commission, expressed reservations about the timing and magnitude of the wage increase. He stated:

“It is not appropriate at this time to increase award wages by any amount significantly above the inflation rate, principally because labor productivity is no higher than it was four years ago and productivity growth has only recently returned to positive territory.”

Economic Context

The recent federal budget anticipates consumer price inflation peaking at 3.5% by the end of the current fiscal year, with a projected decline to 2.75% by June 2025. The Reserve Bank’s latest forecasts predict annual inflation rates of 3.8% for the current quarter and 3.2% for the same period next year. The Fair Work Commission has also raised concerns about the potential negative impact on industries that predominantly employ minimum-wage workers.

Response from Small Businesses

The announcement has elicited mixed reactions, particularly from small business owners. Luke Achterstraat, the chief executive of the Council of Small Business Organizations Australia (COSBOA), articulated the challenges faced by small businesses in adapting to the wage increase. He remarked:

“It’s an extremely tough operating environment; the levy is really breaking for small business, energy, rent, insurance, [and] borrowing costs, and as the [Fair Work] commission said, productivity has been flatlining for a number of years now.”

Federal Government’s Perspective

The federal government has welcomed the wage increase, emphasizing its alignment with efforts to mitigate cost-of-living pressures. Treasurer Jim Chalmers highlighted the significance of this move during Question Time, stating:

“This is the real wage increase that low-paid workers need and deserve. This is a win for 2.6 million workers and their loved ones.”

Conclusion

The decision to increase Australia’s minimum wage by 3.75% represents a crucial step towards addressing the escalating cost of living. While the adjustment promises enhanced financial stability for employees, small businesses may face challenges in managing the increased labor costs. However, with inflation expected to stabilize in the coming year, this wage hike is anticipated to foster a more equitable and resilient economy for all Australians.

June 3, 2024

As Australia updates its policies for 2024, international students are seeing changes from visa requirements to accepted English-language tests. With the introduction of a soft cap on international student numbers, the landscape is evolving. Here’s what you need to know about these updates.

Note: This article is for informational purposes only and subject to change. For official guidance on Australian student visas, visit Study Australia or the Department of Home Affairs’ Student Visa page.

Changes to International Student Intake

What is the New Soft Cap on International Students?

The Australian government is introducing a soft cap on the number of international students that colleges and universities can accept. Institutions can negotiate for more students if they provide international and domestic student housing. This is in contrast to Canada’s temporary hard cap, which is set at a national level and is less flexible.

Key Points of the Student Cap

  • Higher Degree by Research Exemptions: Students in higher degree by research courses, such as master’s degrees by research or PhDs, are exempt from the cap.
  • Regional and In-Demand Courses: There are discussions about exempting students in regional Australia and those taking in-demand courses.
  • Quality Track Record: New education providers must demonstrate a history of quality education delivery to domestic students before recruiting international students.
  • Regulatory Oversight: Providers under investigation cannot enroll new international students, and education agents will not receive commissions for student transfers between institutions.
  • Ownership Restrictions: Education providers cannot own education agent businesses, and stricter guidelines on the ownership and registration of education agents and providers are forthcoming.

Implementation Timeline

The cap on incoming international students is expected to begin in early 2025.

Affected Student Groups

The cap will primarily affect international students enrolling in undergraduate or postgraduate coursework courses. Higher degrees by research students are exempt, and the status of primary or secondary school students remains unclear.

Understanding Higher Degree by Research Courses

These courses involve advanced skills, techniques, and knowledge in research. They are typically at Level 10 in the Australian Quality Framework (doctoral degree), but also include some Level 9 master’s degrees by research.

English Language Proficiency Requirements

Updated Proficiency Levels

The Australian government has increased the minimum English-language proficiency levels for incoming students:

  • Student Visas: Increased from IELTS 5.5 to 6.0 (or equivalent).
  • Packaged ELICOS Courses: Increased from IELTS 4.5 to 5.0 (or equivalent).
  • University Foundation Programs: Remains at IELTS 5.5 (or equivalent).

For the Temporary Graduate work visa, the minimum score has increased from IELTS 6.0 to 6.5 (or equivalent).

Using TOEFL Test Results

The updated TOEFL iBT test is now accepted for visas if taken on or after May 5, 2024. Tests must be taken in person at a test center. Results from tests taken online are not accepted.

Validity of Existing TOEFL iBT Results

  • Before July 25, 2023: Valid for two years for visa purposes.
  • Between July 26, 2023, and May 4, 2024: Not accepted for visa purposes, but can be used for study course applications.

Financial Proof for Student Visa Applications

Required Financial Capacity

From May 10, 2024, students must show access to A$29,710 to cover living expenses for one year. Additional funds are required for partners (A$10,394) and children (A$4,449). Costs vary by region, especially in cities like Sydney and Melbourne.

Travel Costs

  • East or Southern Africa: A$2,500
  • West Africa: A$3,000
  • Elsewhere Outside Australia: A$2,000
  • Within Australia: A$1,000 (A$1,500 if returning to Africa)

Changes to the Student Visa Application Process

Genuine Student Requirement (GS)

On March 23, 2024, the Genuine Temporary Entrant requirement was replaced by the Genuine Student requirement. The new process includes a list of targeted questions requiring evidence-based answers.

What is the Genuine Student Requirement?

The GS requirement includes questions on:

  • Family and community ties
  • Work and academic history
  • How the course will help the student
  • Understanding of course requirements and living in Australia
  • Reasons for choosing the specific course and institution

Supporting documents, such as transcripts and employment history, are recommended. The GS requirement aims to select students primarily focused on studying in Australia, while also considering those in high-demand fields who may seek permanent residence later.

For more details and updates, refer to official Australian government resources.