Planning to study in Australia? Check Recommended Changes in Australia student visa rules

Australia's one of the largest export industries is the international education sector. In the year 2009-2010 due to the strict visa rules and policies Australia has seen a sudden downfall of upto 50% in number of International students planning to study at Australia.

In December 2010, Australian Government appointed Hon Michael Knight AO to conduct the first strategic review of the student visa program and to help enhance its quality, integrity and competitiveness. On 30 June 2011 Mr Knight reported 41 recommendations to the government and on 22 September 2011 government released those recommendations.

The Australian High Commission is about to implement new modify student visa rules for Australia based on Mr Knight's recommendations, however out of total 41 recommendations given some recommendations will be modified in places to enhance the performance of the Australian education sector and to better safeguard the integrity of the visa system.

Looking at all the positive recommendations if all are implemented accordingly by the Visa Offices too in India, than the flow of students planning for higher studies at Australia would definitely rise in the years to come.

The majority of the recommendations are expected to be implemented between October 2011 and mid 2012, with some other changes expected to commence in early 2013.

Major changes Government is planning:

1. Shorten the processing time of student visa applications by mid 2012
2. Faster and easier visa access for students planning to study at Australian Universities in the first half of 2012
3. Reducing the financial requirements for higher risk Assessment levels 3 and 4 student visa applicants
4. Introduction of an upfront genuine temporary entrant criterion
5. Post study work visa for 2 to 4 years based on level of course in early 2013
6. More flexibility to study English language course

Streamlined Visa processing for the Universities: Proposed implementation in the first half of 2012

Students who are planning to study Bachelor, Master (coursework or research) or PhD degree at University; Diploma to degree package course offered by University; joint program undertaken through partner universities, where students study 2 to 3 years overseas and 1 to 2 years in Australia and students planning to study non award course at University as a part of an agreed student exchange would be eligible for streamlined visa processing.

Out of the 39 Universities those who agree will have an access to streamlined visa processing, which means students irrespective of their country of origin will be assessed under assessment level 1 which means quick processing and reduced evidentiary requirements.

Post study work visa: Proposed to be available from early 2013

University graduates who have completed atleast 2 years study of Bachelor degree course or Masters by coursework in Australia are proposed to be eligible for a two year post-study work visa.

University graduates who have completed a Masters by research or PhD degree in Australia are proposed to be eligible for a post-study work visa for three or four years respectively.

Students will require 6 bands in each module of IELTS before applying for post study visa and should not have completed the course 6 months before applying for visa. The rule will be applicable only to those students who applied for visa after GTE requirement is implemented.

The Genuine Temporary Entrant (GTE) requirement: Proposed implementation being in the later 2011

Students will have to prove that their intention is to gain only temporary entry to Australia on student visa and on completion of course will return to their home country also they need to prove they are genuine student irrespective of the visa subclass and will not be linked to assessment level.

Factors considered to prove student is GTE and genuine are as below:

• circumstances in the applicant’s home country
• the applicant’s potential circumstances in Australia
• the applicant’s immigration history
• the value of the course to the applicant’s future
• English language proficiency
• Financial capacity
• Prerequisite schooling
• Age requirement
• Relevance of study.

To reach to a decision about students genuineness and GTE students might be called for personal visa interview or asked to provide further information as needed, decisions may not be solely taken on the information provided with the application.

Financial requirements reduction for AL 3 and AL 4 student visa applicants: Proposed to be introduced in late 2011

The government is planning to reduce funds requirement from 36 months to 24 months for AL 4 and the evidence of history from 6 months to 3 months. For AL 3 government is planning to reduce funds requirement from 24 months to 18 months. Hence reducing financial requirement by around AUD 36000 in AL 4 and around AUD 18000 for AL 3 applicants.

No PVA: Proposed to commence in late 2011

The pre-visa assessment policy will be stopped as it is a time consuming process and may be inappropriately considered by prospective students as a guarantee of a visa grant whereas in fact applications can be refused post PVA assessment too. Student will have to apply for the visa with their CoE's from the education providers.

50 weeks English study for school visa: Proposed to commence in the first half of 2012

Students applying to study at school (subclass 571) can study English language course for maximum 50 weeks irrespective of Assessment level.

No English language requirement for school visa: Proposed to commence in the first half of 2012

Assessment level 4 applicants were required to provide English language proficiency proof while applying for school visa (subclass 571) which would be removed hence no school visa applicant will be required to show proof of English proficiency.

Homestay arrangements: Change implemented

Now onwards if the student has prepaid fees for formal homestay like formal boarding arrangements through the education provider than prepaid fees will be taken into account while assessing whether student is meeting the financial requirements for a student visa. Students whose files are under process and have already made payment for homestay arrangement to their education provider can notify the case officer or DIAC. Rent paid for the private accommodation will not be considered.

No English language requirement for standalone ELICOS: Proposed to commence in late 2011

Assessment level 4 and 5 applicants were required to provide English language proficiency proof while applying for standalone ELICOS (subclass 570) visa which would be removed.

Unlimited part-time ELICOS for student guardian: Proposed to commence in the first half of 2012

Student guardian (subclass 580) visa holder will allowed to undertake unlimited part-time ELICOS study in addition to the existing conditions that allow them to undertake up to 3 months of full time study in any field.

Unlimited work entitlement to all Higher degree by Research applicants: Change proposed to be implemented in early 2013

Students applying for Postgraduate Research (subclass 574) will be given unlimited work rights once their course commences and even their dependants will be allowed to work full time as per current student visa rules.

Increase to the visa validity of all Higher degree by Research applicants: Change implemented / proposed to be implemented in late 2011

Students applying for Postgraduate Research (subclass 574) would be given an additional 6 months visa on top of their normal visa grant period. Students need to make sure they have OSHC for the duration of stay including the additional 6 months.

40 hours per fortnight work entitlement: Proposed to commence in the first half of 2012

Students will be allowed to work for 40 hours in a period of 14 days (fortnight) instead of 20 hours per week which means if due to course load student is not able to work for a week they can work 40 hours the following week or can work for 10 hours in a week and 30 in other week. Students would be better able to respond to busy periods at work without breaching their visa conditions.

Removing the automatic and mandatory student visa cancellation provisions: Proposed to commence in the first half of 2012

The government is proposing changes to the student visa cancellation process to allow the Department of Immigration and Citizenship (DIAC) to determine cancellation on an individual’s circumstances, providing a providing a fairer outcome for the client.

Entering Education Agent name in PRISM: Proposed to commence in early 2012

Name of the education agent who recruit international students will be listed in the Department of Education, Employment and Workplace Relation (DEEWR) Provider Registration and International Students Management System (PRISMS) this would allow for better monitoring education agent and would help to enhance the integrity of the student visa program.

High Commission can grant student visa in advance of 4 months before the course starting date which will provide more flexibility to international students wishing to arrive to Australia early. The change will apply to all student visa subclass. Students will be able to work part time only after they have started their course.

In addition to above all changes Government with the help of DIAC and all member of public is planning to review Assessment level framework too. Provider based risk management approach is considered which till now were decided based on the immigration risk from the country of application for deciding assessment level.