Existing and new student visa holders studying online outside of Australia due to COVID-19 may count this study towards their Australian study requirements for a post-study work visa (visa subclass 485). More information is available here. For more information, see www.homeaffairs.gov.au/covid19/visa-information/international-students/temporary-graduate-visa. 99.1 The Committee heard that a related problem is the high and increasing number of student visa appeals. For example, Rost estimated that 12% of all students whose visas are cancelled pass the MRI. [1079] The ESOS evaluation report found that the number of appeals against MRT related to the cancellation of student visas has increased. [1080] The ESOS evaluation report commented on the high proportion of visa cancellations set aside by MRI – „an average of 39% over the past three years.“ [1081] The Committee notes that this does mean that more than one in three DIMIA annulment decisions appealed under MRI are set aside. The Committee considers this rate to be unacceptable, particularly in view of the impact on students whose visas have been wrongly cancelled. These consequences include personal and financial hardship for the student and family, not to mention the possibility of ending up in immigration detention. 10.26 Ms. Michaela Rost has been very critical of these mandatory cancellation regulations.
At the same time, LIV expressed concern about the application of these conditions by DIMIA. [1064] This issue is discussed later in this chapter. 10.18 The Committee asked IMIA what steps it had taken to ensure that international students were aware of their visa requirements and the consequences of not complying with those requirements. DIMIA responded that it had a number of measures, including: Note: Students from New Zealand do not need a student visa to study in Australia. Current data shows that the visa application process for international students dropped sharply by 4.7% from March 2020 to June 2020. This happened because Australia closed its border to Australian students due to the pandemic. 10.35. Nevertheless, IMIA`s 2004-05 Annual Report noted that „since the 2001 student visa reform, there has been a steady improvement in compliance with all key indicators.“ [1076] In particular, DIMIA reported that „the number of student visa holders who became illegal in 2004-05 was 1,514, a 33% decrease from 2003-04.“ [1077] 10.32 Ms. Rost suggested that a system of fines for visa offences might be more appropriate.
[1070] Here are the new rules for the 2022 Australian student visa: International students in Australia must obtain approval from the Minister before they can change their courses. The Australian government has announced that international students who meet one of the following criteria will be exempt from the usual limit of 40 hours of work per fortnight: As they do not have a student visa now, they are no longer considered students, even if they have paid fees in advance, have learning materials in their possession and their parents owe huge sums of money for their Australian education. [1067] Other Australian rules and restrictions on student visas include: If someone wants you to verify your employment rights, provide them with a copy of your visa issuance letter or a link to Visa Entitlement Verification Online (VEVO). For more information, see Study and Training Visas on the Australian Department of Home Affairs website and the English Language Requirements Education Provider`s website. 10.31. Ms. Rost gave the Committee a number of unfortunate and disturbing examples of students who had found themselves in this situation. [1068] Ms. Rost argued that automatic cancellation for student visa violations was too severe: student visa holders (including dependents) who arrived in Australia before March 19, 2022, can apply for a refund of their visa application fees until December 31, 2022.
Further information is available on the website of the Ministry of the Interior. If you work in one of the above sectors or have a job offer and have completed your course, you may be eligible for a COVID-19 pandemic visa (subclass 408). You can only apply for this visa 90 days before your student visa expires. While there is an obvious drop in numbers, it must be taken into account that there will be no limit or cap on the total number of partner visas for Australia that can be issued in 2022-2023. According to one estimate, approximately 40,500 partner visas are expected to be issued by Australia during the program year. 20 July 2020: Students and graduates who have been affected by travel restrictions since 20 March 2020 can now apply for and obtain a temporary higher education visa (subclass 485) from outside Australia. What are the different types of student visas and their validity? 10.25. Another important condition raised during the Committee`s investigation was „condition 8202“, which requires the visa holder to meet certain conditions of enrolment, participation and courses (e.g. academic performance). [1057] Again, violation of this condition is grounds for mandatory cancellation of a student visa. [1058] However, DIMIA informed the Committee that the Migration Regulations were amended on October 8, 2005 to „take into account exceptional circumstances beyond the student`s control before a student visa is cancelled for violation of condition 8202.“ [1059] You could be one of the international students planning to study your advanced degrees in Australia.
Of course, you don`t want to have to change course when you couldn`t? 10.33 The ESOS evaluation report also expressed concern about the lack of flexibility regarding non-compliance with student visas: 20 July 2020: Graduates who had a student visa can now apply for a post-study work visa if they are outside Australia and cannot enter the country due to travel restrictions. 10.55 The Committee was also concerned that some international students whose visas have been cancelled end up in immigration detention. Ms. Michaela Rost was concerned that the consequences for a student whose visa is cancelled could be very serious: alarming concerns about „how DIMIA applies student visa requirements“ that „go beyond the provisions of the regulation“. [1095] The Careers and Employability team helps students find employment during and after graduation. Current job vacancies can be found on the Online Careers: Job Table. This interim measure allows eligible temporary graduate visa holders to enter or remain in Australia to live and work until they can apply for a replacement temporary graduate visa from 1 July 2022. Further information is available on the website of the Ministry of the Interior: www.homeaffairs.gov.au/covid19/visa-information/international-students/temporary-graduate-visa. 2) That you are only staying in Australia temporarily (and do not exceed your visa). The Ministry of Interior website has a document checklist that gives you a list of documents required for your particular situation.