How strict have Australian student visa conditions become?

SBS – Tue, 24 Oct 2023 00:30:00 GMT – 0

As part of the Australian government's reforms to improve the integrity of international education, international students have already encountered restricted work hours. Now they will be further restricted from enrolling in two courses simultaneously during the initial six months of their stay and face increased attendance monitoring.

KEY POINTS

The Albanese government is intensifying efforts to curb the exploitation of the visa system.
The government plans to enhance supervision of student attendance, and will prevent cross-ownership of colleges between providers and education agents.
Former Victoria Police commissioner Christine Nixon's long-awaited review of the country's immigration and visa procedures has been released, outlining several key recommendations.

Education Minister Jason Clare recently confirmed that the number of international students in Australia has nearly returned to pre-COVID levels.

"According to my Department, an industry worth $40 billion before the pandemic is now almost worth that much again," Mr Clare said.

"I know this is an industry that has also been hit harder by the pandemic than most. The borders were shut. Students were told to go home, so they did. Others were forced to stay and ask charities and friends for help," the minister added.

Mr Clare stated that with the return of international students, the Albanese government is intensifying efforts to curb the exploitation of the visa system.

"Dodgy agents and providers looking to exploit students. Trying to exploit you. Looking to make a quick buck. A lot of bucks." Education Minister Jason Clare

"They are a threat to our international reputation. To our good name as a place where the best and brightest from around the world can come and get the best education in the world ... And that’s why we are acting," he said.

Key changes to international student visa policies

In July, the government announced that international students would no longer have unlimited working hours, restricting them to a maximum of 24 hours per week.

"That was the first step in reducing the lure of getting a student visa as a backdoor just to work here," the education minister said.

In August, the ‘concurrent certificate of enrolment’ loophole that has allowed agents and providers to shift international students who have been here for less than six months from one course to another was also closed.

The government also increased the amount of savings that international students now will need in order to get a student visa. From this month, a student will need to show evidence of $24,505 in savings.

This month, the federal government announced that it will take steps to prevent cross-ownership of colleges between providers and education agents.
American visa

The changes will also prevent agents from earning commissions when students switch between education providers in Australia.

The government is also looking at using the powers under section 97 of the ESOS Act to issue suspension certificates to high-risk education providers which would prevent them from recruiting international students.

In addition, the government will also increase monitoring of student attendance.

"As part of its response to the Nixon Review, the Government will build risk indicators across the international education system. These risk indicators will inform a monitoring framework that will drive targeted compliance by education regulators, and we will increase monitoring of student attendance." Education Minister Jason Clare

The Nixon Review, conducted by former Chief Commissioner of Victoria Police, Christine Nixon, was a government-commissioned investigation in Australia aimed to tackle extensive abuses within the visa system.

One of the other significant changes on the horizon involves a reform that will enable international students to express their intention to immigrate. This marks a departure from the current Genuine Temporary Entrant (GTE) rule to the Genuine Student Test.

Previously, students were restricted to pursuing a high-quality tertiary education and had to clearly demonstrate their intention not to permanently settle in Australia.

Expert's view

Dr Abul Rizvi, the former deputy secretary of the Department of Immigration, pointed out that since February 2022, offshore student visa applications have consistently broken monthly records.

Official statistics released by the Department of Home Affairs show that in the last fiscal year (2022-23), almost 500,000 student visas were issued, with nearly 90,000 of them going to students from India.

"Much of this would have been driven by unrestricted work rights. Reports of student visa fraud by a range of stakeholders including Christine Nixon (former Victoria Police commissioner) had to be addressed," he said.

"Measures announced to date, including restrictions on agent commissions and students dual COEs (certificates of enrolment), will help but government will need to do more.

"A key will be forthcoming replacement of ‘Genuine Temporary Entry’ requirement with a ‘Genuine Student Test.’ How that is designed will be crucial to the future of the overseas student program," Mr Rizvi added.

Expressing similar opinions, Ravi Lochan, the director of an education agency, remarked that the 'Genuine Student Test' would encourage honesty regarding students' intentions, possibly even indicating their interest in skilled immigration.

"What I hear reliably is that it could even by March or April before we see the changes being applied and so students arriving in Australia for the next intake in 2024 may still have the same criterion for visas," he said.

Mr Lochan said closing existing loopholes, including those related to concurrent certificate of enrolment usage, could curb student recruitment by onshore colleges facilitated by migration agents, but the move needed more clarity and the implementation of some measures might prove challenging.

How strict have Australian student visa conditions become?

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How strict have Australian student visa conditions become?

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