Student Visa Restrictions
The Australian Government announced on 12 June 2024 that restrictions to Student Visas would be introduced to prevent 'visa hopping'. These changes will come into force on 1 July 2024, and are in line with the Government's focus on 'strengthening the integrity of the Student Visa program'.
List of Visa Holders Affected by New Restrictions
The full list of visa holders, in addition to the existing visas where visa holders that cannot apply for a student visa onshore include the following:
- Subclass 485 (Temporary Graduate)
- Subclass 600 (Visitor)
- Subclass 601 (Electronic Travel Authority)
- Subclass 602 (Medical Treatment)
- Subclass 651 (eVisitor)
- Subclass 771 (Transit)
- Subclass 988 (Maritime Crew)
- Subclass 995 (Diplomatic Temporary) – primary visa holders only
- Subclass 403 (Temporary Work) International Relations)) – Domestic Worker (Diplomatic or Consular) stream
- Subclass 426 (Domestic Worker (Temporary) – Diplomatic or Consular)
The restrictions on Visitor Visa holders from applying for Student Visas onshore are to address the 'increasingly prevalent' pathway. With over 36,000 applications since 1 July 2023 to the end of May 2024, this pathway 'has been used to attempt to subvert the Government's strengthened offshore student visa integrity measures', according to Home Affairs Minister Clare O'Neil.
Restrictions on Temporary Graduate Visa Holders
The restrictions on Temporary Graduate Visa holders from applying for Student Visas onshore are aimed at redirecting graduates to either find skilled jobs and/or other visa pathways, or depart the country. These changes are to address an October 2023 report from the Grattan Institute, which found that one in three Temporary Graduate Visa holders return to further study for the purpose of extending their stay in Australia. These changes, the Australian Government says, will help to address the growing cohort of 'permanently temporary' former international students in Australia.
Changes to Post-Study Work Rights
Post-study work rights will also be reduced, with these changes intended to take effect from 1 July 2024. For the Graduate Work stream (to be renamed the Post-Vocational Education Work stream), applicants may continue to stay for up to 18 months, with Hong Kong or British National Overseas passport holders potentially being able to stay for up to 5 years. For the Post-Study Work stream (to be renamed the Post-Higher Education Work stream), the 'select degree' 2 year extension will cease, and stay periods will be up to 3 years for most visa holders depending on the degree. For Hong Kong and British National Overseas passport holders, they may be able to stay for up to 5 years. For Indian nationals, under the Australia India- Economic Cooperation and Trade Agreement, they may be stay for up to 4 years depending on the degree.
Age Limit Reduction and English Language Requirement Increases
For both streams, the age limit will be reduced from 50 to 35 at the time of application.
The increases to the English Language Requirements for Temporary Graduate visas, which was implemented in March and include an increased minimum score and decreased test validity window, will also apply.
Government's Strategy for Sustainable Migration Levels
These changes have been introduced to support the Government's strategy to bring migration levels 'to a sustainable level' and halve net overseas migration to 268,000 places in the next Financial Year (compared to 528,000 places in the 2022-23 Financial Year).
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