Rumors to Reality: Student Visa Revision Ensue

Insights

Temporary visa holders in Australia will no longer be able to lodge a student or Student Guardian visa application while in Australia.

The changes affect several groups, including people already staying in Australia, other temporary visa holders, and dependants. The new settings may significantly change the pathways available to those hoping to extend their stay in Australia.

Exemption

Current Visa Holder

Current Student visa holders may still be eligible to apply for another Student visa while in Australia under limited circumstances.

One exemption allows students who need up to 12 additional months after their original course end date to complete their studies to apply onshore. However:

• The student must continue studying with the same education provider.
• For students enrolled in a package of courses, the course requiring additional time must be their main course.

Current Student visa holders may also be eligible to apply for another Student visa onshore if they:

• Are sponsored by the Department of Foreign Affairs and Trade (DFAT) or Defence;
• Are applying to study a PhD;
• Are applying to undertake primary or secondary school studies;
• Have completed their main course at an Australian Qualifications Framework (AQF) level and are progressing to a course at a higher AQF level;
• Have completed school studies and are progressing to a course that does not have an AQF level;
• Have completed a course without an AQF level and are progressing to a course with an AQF level; or
• Cannot continue their course because their education provider has defaulted.

Students completing a higher education course who rely on the AQF progression exemption must progress to another higher education course delivered by a higher education provider.

Other Temporary Visa Holder

Other affected temporary visa holders who were considering transitioning to a Student visa will face greater restrictions. Unlike eligible current Student visa holders, there are no exemptions allowing affected holders of other temporary visas to lodge a Student visa application onshore.

Instead, they must leave Australia before lodging their Student visa application and must also be outside Australia when the visa is granted.

This particularly affects people who planned to use further study as a pathway to extend their stay in Australia and forms part of the Government’s approach to reducing visa hopping.

Affected applicants may include:

• Temporary Graduate visa holders;
• Visitor visa holders;
• Other affected temporary visa holders seeking to transition to a Student visa while remaining in Australia.

Dependants

The changes also introduce significant restrictions for partners and dependent children.

Student visa applicants will no longer be able to include family members in their application unless they meet one of the specified exemptions. This restriction also applies when applying for a further Student visa.

Current Student visa holders can also no longer add family members as subsequent entrants after their Student visa has been granted. There are no exemptions to this restriction.

However, applicants may still be able to include family members when they qualify under one of the limited exemptions, including:

• PhD students;
• DFAT or Defence-sponsored students;
• Recipients of a foreign government scholarship; and
• Eligible students from Pacific countries or ASEAN member countries.

If family members are already included on the applicant’s current Student visa, they may be eligible to be included again in the applicant’s next Student visa application.

Existing family members may also be included in certain applications lodged inside or outside Australia where the student needs up to 12 additional months to complete their main course, or where a further Student visa is required because their education provider has defaulted.

The primary applicant and all family members included in the application must be in the same location when the application is lodged.

What Should You Prepare After These Changes?

With the new rules now in effect, early preparation is more important than ever. Students and other temporary visa holders should review their current situation before making decisions about further study, travel or a new visa application.

Consider preparing the following:

• Check your current visa expiry date and understand how much time you have remaining in Australia.
• Review your study plan and confirm whether you can complete your course by the original expected end date.
• Speak with your education provider early if you believe you will need additional time to complete your studies.
• Check whether you qualify for an onshore exemption before planning to lodge another Student visa in Australia.
• Review your family arrangements, particularly if you intend to include a partner or dependent children in a future application.
• Prepare for offshore lodgement if required, including potential travel, accommodation and financial arrangements.
• Keep your documents up to date, including your passport, Confirmation of Enrolment (CoE), academic records and other supporting documents.
• Seek professional advice early if you are unsure how the changes apply to your individual circumstances.

Most importantly, do not wait until your current visa is close to expiring. Understanding your available options early can give you more time to adjust your study, travel and visa plans.