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.

In March 2024, the Department of Education announced significant alterations to the English language prerequisites for Student (SC 500) and Temporary Graduate (SC 485) visas. These changes, detailed in a recent document sent to Education Providers, have far-reaching implications for international students and graduates seeking to study and work in Australia. Let’s delve into the specifics of these modifications and understand their impact.

Introduction

The document circulated by the Department outlines adjustments to the English language criteria applicable to Student and Temporary Graduate visas, effective from 23 March 2024. These changes are crucial for applicants and educational institutions alike, as they signify a shift in the proficiency standards required for visa approval.

Student Visas

Under the updated guidelines:

• The minimum English proficiency requirement has increased from IELTS 5.5 to 6.0 (or equivalent).
• The minimum score for undertaking an English Language Intensive Course for Overseas Students (ELICOS) has been raised from IELTS 4.5 to 5.0 (or equivalent).
• Students enrolled in recognized university foundation or pathway programs with reputable English language training must achieve a score of IELTS 5.5 (or equivalent). These accredited courses will be listed on the Department’s website.
• However, for students solely studying English through ELICOS programs, there will be no change in requirements.

Temporary Graduate Visas

The alterations to Temporary Graduate visas include:

• A rise in the minimum required score from IELTS 6.0 to 6.5 (or equivalent), with a minimum score of 5.5 for each component (reading, writing, speaking, and listening).
• Passport holders from Hong Kong and British National Overseas (BNO) are exempt from the increased English language requirement, maintaining a standard of IELTS 6.0 (or equivalent) with a minimum score of 5.0 for each component.
• The test validity window for Temporary Graduate visa applications has reduced from three years to one year. Applicants must submit evidence of completing an English language test within one year of the visa application date.

Exemptions

It’s important to note that passport holders from Hong Kong and British National Overseas (BNO) are exempt from the heightened English language criteria for Temporary Graduate visas, maintaining the previous standards.

Implementation and Monitoring

While the document specifies a commencement date of 23 March 2024 for these changes, legislative instruments have yet to be released on the Federal Register of Legislation to enact these adjustments officially. Monitoring the Federal Register for these instruments is advised, with updates expected once the instruments are released.

Conclusion

In conclusion, the recent amendments to English language requirements for Student and Temporary Graduate visas signify a higher standard for language proficiency among international students and graduates. These changes reflect Australia’s commitment to maintaining quality education standards and ensuring that visa holders have the necessary language skills for success in their academic and professional endeavors.

FAQs

Are these changes retroactive for existing visa holders?

• No, these changes only apply to visa applications lodged on or after 23 March 2024.

Will there be any adjustments to visa application fees due to these changes?

• There’s no information regarding changes to visa fees at this time.

How can applicants prove their English proficiency under the new requirements?

• Applicants must provide valid English language test scores meeting the revised standards.

Do these changes affect other visa subclasses apart from SC 500 and SC 485?

• These changes specifically target Student (SC 500) and Temporary Graduate (SC 485) visas.

What resources are available to help applicants prepare for the updated English language requirements?

• The Department’s website and authorized educational institutions can provide guidance and support for meeting the new criteria.