Ending “Onshore Visa Hopping”: New immigration measures

Zhanna Heenan

Visa News

At Heenan & Browne Visa and Migration Services, we are committed to keeping you informed about the latest changes in Australia’s migration policies. One of the key commitments in the Migration Strategy released last year was to end ‘visa hopping’ within the Student visa program, closing the loopholes that allow students and other temporary visa holders to extend their stay in Australia indefinitely.

The Growing Concern of Visa Hopping

The Migration Strategy highlighted that the number of international students staying in Australia on a second or subsequent student visa has grown by over 30 percent, reaching more than 150,000 in 2022–23. Renowned Australian demographer Peter McDonald pointed out that severely curtailing visa hopping by accepting fewer visa applications from people already in the country would better manage population growth than cuts to the permanent migration intake.

Government Actions to Address Visa Hopping

To address this issue, the Government has implemented several measures:

– No Further Stay Conditions on Visitor Visas: This has been crucial in preventing visitor visa holders from applying for student visas onshore unless they can demonstrate credible course progression.

– Genuine Student Requirement: Implemented in March, this requirement has stopped thousands of students from hopping from one student visa to another.

– Additional Policies: Ending unrestricted work rights and discontinuing the former Government’s COVID visa are among more than a dozen policies introduced to restore integrity to the international student system.

New Measures Effective from 1 July 2024

The Albanese Government is taking further steps to restrict onshore visa hopping:

  1. Visitor Visa Holders: From 1 July 2024, Visitor Visa holders will no longer be able to apply for Student Visas onshore. This pathway, used to subvert strengthened offshore student visa integrity measures, has seen over 36,000 applications since 1 July 2023.
  2. Temporary Graduate Visa Holders: Similarly, Temporary Graduate Visa holders will be prohibited from applying for Student Visas onshore. The Grattan Institute’s recent report revealed that 32 percent of Temporary Graduate Visa holders were returning to study when their visas expired to prolong their stay in Australia.

Additional Changes for Temporary Graduate Visa Holders

Several changes are being implemented for Temporary Graduate visa holders on 1 July 2024:

– Shorter Post-Study Work Rights

– Reduced Age Limits (from 50 to 35 years)

– Increased English Language Requirements (implemented in March 2024)

Comprehensive List of Affected Visa Holders

Effective from 1 July 2024, the following visa holders will be unable to apply for a Student visa while in Australia:

– 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 (Diplomatic or Consular) stream

– Subclass 426 (Domestic Worker (Temporary) – Diplomatic or Consular)

Location at the time of student visa application for the affected applicants

Visa applicants who apply from outside Australia are not eligible for a Bridging visa related to their application. They must stay outside Australia until a decision is made on their visa, unless they hold a different visa that permits them to enter and remain in Australia for their intended purpose.

The Government’s Commitment

Minister for Home Affairs and Cyber Security Clare O’Neil stated, “The migration system we inherited was completely broken, and our goal is to build a smaller, better planned, more strategic migration system that works for Australia. Our Migration Strategy outlines a clear plan to close the loopholes in international education, and this is the next step in delivering that plan. We need a migration system which delivers the skills we need, but doesn’t trade in rorts, loopholes, and exploitation.”

Ensuring Genuine Student Visas

The Government’s focus remains on strengthening the integrity of the Student visa program to ensure that visas are granted to genuine students, enabling them to contribute to Australia’s economic growth.

Temporary Graduate Visa holders are encouraged to either depart Australia or seek skilled jobs and other visa pathways, including those leading to permanent residency. Visitor visa applicants intending to study must apply for their Student visa from offshore. Genuine student visa applicants can apply outside Australia and, if they meet the criteria, will be granted a Student visa.

For further information or assistance with your visa application, please book an appointment with Heenan & Browne Visa and Migration Services. We are here to help you navigate these changes and secure your future in Australia.

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