Australia bans students from filing visa applications from within the country to end ‘visa hopping’

Australia Student Visa, ban, Temporary Graduate visa holders, application, employer-sponsored

If you are applying for an Australian student visa, make sure that you start your Student visa application from offshore and not from within the country. Starting July 1, 2024, holders of certain visas, including Visitor and Temporary Graduate visas, will no longer be able to apply for Student visas while in Australia. The Australian government is accepting student visa applicants with a genuine intention to pursue studies in Australia from those who applies for a Student visa from offshore (outside of Australia).

Visitor visa holders, Temporary Graduate visa holders and other specified visa holders cannot apply for Student visas while they are in Australia. However, student visa applications lodged in Australia before July 1, 2024 will not be affected by this change and will be processed. Holders of Working Holiday Maker and Work and Holiday visas will also be not be impacted.

The government of Australia has made it clear that temporary graduates should depart Australia at the end of their visa or consider job opportunities that might lead to employer-sponsored visas or permanent residency if they want to remain in Australia.

In their recent Graduates in Limbo report, the Grattan Institute found that 32 per cent of Temporary Graduate Visa holders are returning to study when their visa expires to prolong their stay in Australia.

This change makes it clear that graduates should be finding skilled jobs and becoming permanent residents, or departing the country when they are more likely to become ‘permanently temporary’.

These changes support a range of other changes that are being implemented for Temporary Graduate visa holders on 1 July. These include significantly shorter post-study work rights, reduced age limits from 50 to 35 years of age, and increased English language requirements which were implemented in March.

One can apply for their Student visa offshore and travel to Australia to wait for the outcome of their visa application. However, they need to hold or be granted a visa that allows them to enter and remain in Australia for that time. Also, Offshore Student visa applicants cannot get a Bridging visa to stay in Australia while waiting for their application to be processed.

According to the new rules, visitor visa holders may continue to study for up to three months while holding their visa. Those intending to study for periods longer than three months will need to apply for a Student visa outside Australia.

This measure is in response to the trend of ‘permanent temporariness,’ where individuals who may not meet the eligibility criteria for permanent residency extend their stay through multiple visa applications. Australia ihas brought about the changes to Student visa applications to prevent ‘visa hopping.’

Visa Holders Banned to Apply While Onshore

Temporary Graduate, Maritime Crew and Visitor visa holders can no longer apply for a Student visa while onshore in Australia. These are the specific visa subclasses that are impacted:

Subclass 485 (Temporary Graduate)
Subclass 600 (Visitor)
Subclass 601 (Electronic Travel Authority)
Subclass 602 (Medical Treatment)
Subclass 651 (eVisitor)
Subclass 988 (Maritime Crew)

This is in addition to the following visas. It is already not possible to make a valid Student application from these visa types:

  • Subclass 403 (Temporary Work) International Relations)) – Domestic Worker (Diplomatic or Consular) stream
  • Subclass 426 (Domestic Worker (Temporary) – Diplomatic or Consular)
  • Subclass 771 (Transit)
  • Subclass 995 (Diplomatic Temporary) – primary visa holders only

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