New Laws to take effect on 1 July 2024
The Australian Government is holding true to their commitment to tighten visa requirements in hopes to strengthen the integrity of visa programs – including the Student Visa Program.
Earlier this year, with the release of the Migration Strategy, announcements were made to propose changes to the Student Visa Program to ensure that Subclass 500 visas were only granted to genuine students. These changes are an effort to curtail individuals from ‘visa hopping’ and using the Student Visa Program to remain in Australia without genuine intentions to study.
Effective 1 July 2024, Visitor/Tourist, Temporary Graduate, and Maritime Crew visa holders will no longer be able to apply for a Student Visa while in Australia. As there are visa holders already subject to this restriction, the following is a complete list of visa holders who are unable to apply for an onshore Student visa:
- 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 stream)
- Subclass 426 Domestic Worker (Diplomatic/Consular stream)
What are the alternatives?
At the end of their visa period, Temporary Graduate Subclass 485 visa holders are encouraged to either depart Australia, find a skilled job and/or seek alternative visas, including those with permanent visa pathways, as for example:
- Subclass 482 Temporary Skilled Shortage visa (with a pathway to Subclass 186 Employer Nomination Scheme); or
- Subclass 189 Skilled Independent visa; or
- Subclass 190 Skilled Nominated visa.
For Visitor and other restricted visa holders who wish to study, will need to first depart Australia and lodge a Student visa from offshore.
HOW CAN WE ASSIST?
At Agile Legal, we are a team of specialised immigration lawyers who have successfully assisted many organisations in sponsoring overseas workers including post-sponsorship matters relating to non-compliance of sponsorship obligations.
As the migration process is complicated, please do not hesitate to contact us at info@agilelegal.com.au for your immigration enquiries.
We are here to help.
Who are we?
Agile Legal Consulting is a boutique law firm in the heart of Melbourne CBD. We support and assist our clients in all areas of law, with a specialisation in immigration law, commercial law, and property law.
Led by our Accredited Immigration Law Specialist – Jensen Ma (LPN 5511737), together with a dedicated immigration law team with over 60 years of collective experience, we are passionate about providing our clients with comprehensive, client-focused solutions.
Our multi-lingual lawyers offer assistance on a broad spectrum of immigration matters. Come speak to us in English, Mandarin, Cantonese, Korean or Bahasa Melayu – we are always available to answer your questions.