Change in visa rules in Australia – how will it impact Indians

01/07/2024

Effective July 1, 2024, individuals applying for an Australian student visa must begin their application process from outside the country, rather than within Australia. This change affects holders of specific visas, such as Visitor and Temporary Graduate visas, who will no longer be allowed to apply for student visas while in Australia. The Australian government emphasizes that it will only consider student visa applications from offshore applicants who can demonstrate a genuine intention to pursue studies in Australia.

Visitors, Temporary Graduate visa holders, and other specified visa holders currently in Australia are ineligible to apply for Student visas under the new rules. However, student visa applications already lodged within Australia before July 1, 2024, will continue to be processed unaffected by these regulations. Holders of Working Holiday Maker and Work and Holiday visas are also exempt from these changes and will not face any impact on their current visa statuses.

Australia's government has clearly stated that temporary graduates should plan to leave the country when their visa expires or explore job opportunities that could lead to employer-sponsored visas or permanent residency if they wish to remain in Australia. According to the recent "Graduates in Limbo" report by the Grattan Institute, 32 percent of Temporary Graduate Visa holders are opting to return to study to extend their stay in Australia beyond their visa's duration.

These changes align with additional reforms scheduled for implementation on July 1 for Temporary Graduate visa holders. These reforms include notably shorter post-study work rights, a reduction in age eligibility from 50 to 35 years old, and heightened English language proficiency requirements introduced in March.

Prospective students can apply for their Student visa from overseas and travel to Australia while awaiting their visa decision. However, they must possess or be granted a visa that permits entry and stay in Australia during this period. It's important to note that offshore Student visa applicants are ineligible for a Bridging visa to remain in Australia while their application is processed.

Under the new regulations, holders of visitor visas are permitted to study for up to three months while their visa is valid. Individuals planning to pursue studies exceeding this period must apply for a Student visa from outside Australia.

Certain visa holders in Australia, including Temporary Graduate, Maritime Crew, and Visitor visa subclasses, are now prohibited from applying for a Student visa while within the country. Specifically affected visa types include Subclass 485 (Temporary Graduate), Subclass 600 (Visitor), Subclass 601 (Electronic Travel Authority), Subclass 602 (Medical Treatment), Subclass 651 (eVisitor), and Subclass 988 (Maritime Crew). Additionally, holders of Subclass 403 (Temporary Work) under the International Relations (Domestic Worker - Diplomatic or Consular) stream, Subclass 426 (Domestic Worker (Temporary) - Diplomatic or Consular), Subclass 771 (Transit), and Subclass 995 (Diplomatic Temporary - primary visa holders only) are already ineligible to lodge valid Student visa applications while in Australia.

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