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New Restrictions on Onshore Student Visa Applications from July 2024

The Australian Government has introduced significant changes to the Student Visa (Subclass 500) program as part of its effort to strengthen the integrity of the visa system. Effective July 1, 2024, specific temporary visa holders will no longer be able to apply for a Student Visa while onshore in Australia.

The changes are part of the government’s broader Migration Strategy, aimed at addressing the issue of “visa hopping,” where temporary visa holders transition to Student Visas to prolong their stay without genuine study intentions. By closing this loophole, the government hopes to reduce the growing cohort of “permanently temporary” residents.

Who Will Be Affected?

From July 2024, the following visa holders will be restricted from applying for a Student Visa while in Australia:

  • 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)

This list adds to the existing visa categories that already cannot transition to a Student Visa from within Australia.

Implications for Affected Visa Holders
  1. Temporary Graduate Visa Holders
    • Temporary Graduate visa holders must either depart Australia or seek skilled employment and other visa pathways that may lead to permanent residency.
  2. Visitor Visa Applicants
    • Visitor visa holders who wish to study in Australia will need to apply for a Student Visa offshore before arriving in the country.
  3. Genuine Student Pathways
    • Genuine international students looking to pursue studies in Australia can still apply for a Student Visa from outside Australia, and their applications will be assessed based on standard eligibility criteria.
Why Are These Changes Being Implemented?

The changes align with the Australian Government’s focus on ensuring the Student Visa program serves its intended purpose: to facilitate the entry of genuine students who want to study in Australia and contribute to the country’s economy post-graduation. The restrictions will discourage visa hopping, where individuals on temporary visas remain in Australia without a genuine intent to study.

Opportunities for Temporary Graduate Visa Holders

While the new rules prevent onshore applications for Student Visas, Temporary Graduate Visa holders can explore skilled work opportunities in Australia, which may lead to other visa pathways, such as skilled migration or employer-sponsored visas, potentially resulting in permanent residency.

Conclusion

These changes, part of Australia’s broader Migration Strategy, are designed to safeguard the integrity of the Student Visa program and ensure it remains a pathway for genuine students. Visa holders impacted by the new restrictions should seek alternative visa pathways or consider offshore applications if they intend to study.

Contact us

If you’re affected by these changes or need help exploring visa alternatives, contact VisaTasker Pty Ltd today. Our registered migration agents can provide expert guidance on your visa options and ensure you take the best possible path forward.

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