World Access Immigration

Visitor and Graduate visa holders barred from onshore student visa applications from 1 July 2024

Starting 1 July 2024, visitor visa and subclass 485 – Temporary Graduate visa holders will no longer be able to lodge student visa applications while in Australia. This significant change, announced by the Minister for Home Affairs, aims to tighten regulations around student visas as a fallback option for those wishing to remain in Australia.

Impact on Net Overseas Migration (NOM)

The Australian government is keen to reduce Net Overseas Migration (NOM), a measure of the growth of Australia’s population that includes temporary visa holders like skilled workers, international students, working holiday makers, and long-term visitors. With the NOM for 2022-23 at 528,000, and many newcomers settling in major cities, this places considerable strain on infrastructure and drives up rent, exacerbating the existing housing shortage.

Changes Affecting International Students

The international student market is a significant part of Australia’s NOM and one of the country’s largest exports. To effectively reduce the NOM, the government is making it harder to obtain student visas:

  1. Increased Financial Requirements: As of 10 March 2024, the financial capacity requirement for student visas has been raised.
  2. Genuine Student Test: This subjective criterion is being used more rigorously to refuse student visa applications, contributing to a noticeable increase in refusals.
  3. Lodging Restrictions: The government may bar applicants from making visa applications under certain conditions, similar to the model used for General Skilled Migration visas or the new subclass 192 – Pacific Engagement visa.

Specific Measures: Section 48 and Visa Conditions

  • Section 48 of the Migration Act 1958 (Cth): This prevents further applications in Australia for those without a substantive visa if they’ve had a visa application refused or cancelled since their last entry.
  • Visa Condition 8503: This bars the holder from lodging a valid application for any substantive visa other than a protection visa, though it can be waived under compelling and compassionate circumstances.

Preventing Visa Hopping

The new policy will prevent visitor visa and graduate visa holders from applying for a student visa while in Australia, targeting “visa hopping.” The Minister highlighted that the number of international students staying in Australia on a second or subsequent student visa has grown by over 30% to over 150,000 in 2022-23. Additionally, there’s been an increase in student visa applications from those on visitor visas, and around 32% of 485 visa holders have returned to being students near their visa expiration.

Consequences and Considerations

While the policy aims to encourage graduates to find skilled employment or leave Australia, it may have unintended consequences. Unscrupulous employers could exploit temporary visa holders’ vulnerability and desire to remain in the country.

World Access Immigration advises all prospective students and temporary visa holders to seek guidance on how these changes might affect their plans. Contact us for expert advice and assistance with your immigration needs.