Did you hold a Student visa on 8 February 2010?
New web page for Student visa holders who were affected by the skilled migration reforms announced on 8 February 2010.
There is a new web page for current and former Student visa holders who held a Student visa on
8 February 2010, when the Australian Government announced the skilled migration reforms.
The new web page can be found here.
Increasingly in the years leading up to the reforms, the composition of the skilled migration program was being determined by those who wished to apply, rather than by labour market demand. A series of reforms were necessary to reposition the program as demand driven and able to respond better to Australia’s skilled labour needs.
One of the key changes was the withdrawal of the Migration Occupations in Demand List (MODL) and the introduction of a new Skilled Occupation List (SOL). The SOL is a list of occupations that are eligible for independent, or unsponsored, skilled migration. The new SOL consists of 192 occupations, down from more than 400 on the old list, and delivers a skilled migration program that is tightly focused on high value skills that will assist in addressing Australia’s medium to long term skill needs.
When these reforms were announced, the Australian Government also announced generous transitional arrangements for those who held Student visas when the changes were announced. The new web page includes information about these transitional arrangements, as well as other information about extending a Student visa, and also information about the skilled migration program. We plan to expand the page with further information in the coming months.
It is important for students to be aware that the Student visa program and the skilled migration program serve different purposes. A Student visa allows a person to come to Australia and study for a specified period. On the other hand, the skilled migration program has an economic focus. It is designed to meet the needs of the Australian labour market and strengthen the whole economy. Because of this, the requirements for skilled migration may change depending on the economic circumstances of the time, and that is why students should study a course based on their academic interests, rather than to achieve a particular migration outcome.
Student visas are temporary visas, so students should be mindful of their visa expiry date so they can consider their options early. It takes time to apply for another visa, and if a person is unable to obtain another visa they must depart Australia before their Student visa expires. There can be serious consequences for overstaying a Student visa and becoming unlawful, including being unable to return to Australia for up to three years.
Some students might be thinking about lodging an Expression of Interest (EOI) in SkillSelect when their student visa expires. An EOI is not the same as a visa application. It is an indication that a person would like to apply for a skilled migration visa, rather than an application itself. A Bridging visa will not be granted after submitting an EOI. If a person is not invited to apply for a skilled migration visa before their existing visa expires, they will need to obtain another visa or depart Australia.
Further Knight Review changes to the Student visa program
At the end of 2010, the Hon Michael Knight AO was appointed to conduct the first independent review of the Student visa program (the Knight Review).
Mr Knight made 41 recommendations in his report, Strategic Review of the Student Visa Program 2011, to improve the competitiveness of the Australian international education sector and to strengthen the integrity of the Student visa program. All of the recommendations have been accepted in principle by the government. For more information, visit www.immi.gov.au/students/knight/
Staged implementation
Stage one of the Knight Review changes was implemented in late 2011 and a number of key stage two Knight Review changes were implemented recently on 24 and 26 March. The remaining stage two changes are proposed to be implemented later in 2012 and in early 2013.
Changes implemented for applications made on or after 24 March 2012
- Streamlined visa processing for applicants studying Bachelor, Masters and Doctoral courses at participating universities in Australia are assessed as though they are a lower risk (similar to the current Assessment Level 1), regardless of their country of origin. This means that these applicants will generally have reduced evidentiary requirements when applying for a Student visa.
- The maximum period of English language study that a Schools sector (subclass 571) visa applicant subject to Assessment Level (AL) 3 and above can undertake, has been increased to 50 weeks. Prior to 24 March 2012, the maximum period of English language study for Schools sector applicants was 40 weeks for AL 3, 30 weeks for AL 4 and nil for AL 5. The arrangements for AL 1 and AL 2 applicants remain unchanged, with no English language study period restrictions.
- New Student Guardian (subclass 580) visa holders can undertake English Language Intensive Courses for Overseas Students (ELICOS) study on a part-time basis (less than 20 hours per week) for the duration of their visa. However this change only applies to ELICOS study—other study restrictions remain unchanged.
Changes implemented on 26 March 2012
- More flexible work conditions for Student visa holders have come into effect. Postgraduate Research (subclass 574) visa holders can now work unlimited hours once their courses have started and all other Student visa holders work entitlements are now 40 hours each fortnight instead of 20 hours each week.
- The above changes apply to both new and existing Student visa holders.
More information
You can access Mr Knight’s full report, fact sheets and frequently asked questions on the stage one and stage two Knight Review changes on the department’s website: www.immi.gov.au/students/knight/
Talking skilled migration at the NSW International Student Festival
Last Sunday, Department of Immigration and Citizenship representatives from the skilled migration policy areas joined our colleagues from the NSW Student Visa Centre at the NSW International Student Festival.
Our stall was one of the busiest, with students from across the state enquiring about Student visas,
Post-Study visas, Skilled Migration visas and in particular, SkillSelect. It was a fantastic opportunity for us to talk directly to students and receive their feedback on our Student visa and Skilled Migration programs.
There was a lot of interest in skilled migration among the students we talked to. Many of the students were in their final year of study and were considering their options for permanent migration to Australia. While we welcome this interest it is important for student visa holders to be aware that a Student visa is a temporary visa and there is no guarantee of a permanent migration outcome.
Skilled migration to Australia is highly competitive. It remains possible for students to compete for a place in the program, however to do so you must meet the eligibility requirements in place at the time you lodge your application. Students who do not meet the requirements for another visa should make arrangements to depart Australia before their visa expires. There are serious consequences for overstaying your visa that may affect any future visa applications you may make.
It is also important to remember requirements for skilled migration can change from time to time. For this reason students should choose their field of study based on their academic interests and not in the hope of achieving a particular migration outcome.
With SkillSelect being introduced on 1 July 2012 it was great to see so many students taking an interest in how the new system will affect the Skilled Migration program.
The festival allowed us to answer some of the key questions around SkillSelect. Some of the most common SkillSelect questions we received were:
Will I be granted a Bridging visa when I lodge my expression of interest (EOI)?
No. The EOI is not a visa application and you will not be granted a Bridging visa. A Bridging visa would only be considered once a valid visa application is lodged.
If you do not receive an invitation to apply before your student visa expires you will need to apply for another visa if you want to remain in Australia, or leave Australia before your visa expires.
Can I submit an EOI at any time?
You may submit an EOI from 1 July 2012. However, in order to submit a complete EOI you must meet the necessary requirements for the visa you are expressing an interest in.
Will SkillSelect be able to find me a job?
SkillSelect is not an employment service and will not be able to help you find a job.
If, in your EOI, you choose to be considered for an Employer Sponsored visa, employers will be able to access some of your details in SkillSelect (such as your occupation, work experience and English ability). This information will assist them to consider you for employment. In this way SkillSelect may be able to assist you in finding an employer sponsor.
For more information on SkillSelect, please visit our previous blogs or visit the SkillSelect website .
Some of the other skilled migration questions we received over the course of the day were:
What visa options are available within the Skilled Migration program?
Within the Skilled Migration program there is a range of permanent and temporary visa options. For an overview of the different Skilled Migration visa categories see our fact sheet.
We advise students looking to progress to a Skilled Migration visa to confirm the requirements of the visa they wish to apply for before they lodge their application or submit an EOI.
What are the new post-study work arrangements for students?
Graduates of an Australian Bachelor degree, Masters by coursework degree, Masters by research degree or Doctoral degree will have access to a new post-study work visa scheduled to be introduced in early 2013.
Further information is available on our website.
Do I need to use a migration agent to lodge a skilled migration application or EOI?
No. You do not need to use a migration agent to lodge your application. However, a registered migration agent can advise on visa requirements, help you lodge a visa application and deal with the department on your behalf—usually for a fee.
You can choose to use a migration agent to assist you in submitting an EOI. However, you will only have one login to access your EOI account. You can only specify one email address to be contacted by SkillSelect about any invitations or messages in relation to your EOI account. All email notifications will be sent to your nominated email address and it will be your responsibility to ensure you can access your emails and update your account with any change of email address.
We wish international students all the best with their studies in Australia. If you are a current or former student with a general question about skilled migration, feel free to post it here and we will try to answer it as best we can.
DIAC attends International Higher Education Conference
Yesterday I attended the International Higher Education Conference in 
Melbourne. It was a great opportunity to listen to some interesting presentations and hear the views of the industry and their thoughts about the Knight Review of the Student Visa Program. This blog was mentioned at the conference so I hope some of the attendees stop by and have a look.
Peter Speldewinde, who has posted on this blog before, spoke at the conference. His presentation topic was ‘the role of DIAC in assessment and monitoring standards in the new era’. The new era refers to how international education will operate in a post-Knight Review environment where education providers and key stakeholders work closely, in a partnership with government. Peter’s presentation gave an interesting perspective to the group, as it provided context about how the recent reforms to skilled migration support a sustainable international education sector.
Before I touch on the key points Peter raised, I’ll provide you with a brief background. The international education sector experienced unsustainable growth in the 2008-09 period. Growth in parts of the sector brought major issues around quality in some parts of the sector and high levels of fraud in the student visa program. Following this period, a number of key changes to both the student visa and migration programs were necessary to maintain the integrity of these programs.
During his presentation Peter explained the impact of this growth, which I’ll paraphrase here.
While there had been an increase in the number of students coming to Australia, the majority of these international students were staying in Australia, reaching a point where close to four times as many people were arriving on a temporary student visa than were departing.
This had an impact on Net Overseas Migration (NOM) – which is the difference between inflows and outflows of long-term residents. This rapid acceleration of visas granted to students with no intention of returning home not only put pressure on the department to maintain the integrity of the student visa program, this rapid growth led to questions about credibility in our international education sector.
The reforms announced by the Australian Government on 8 February 2010 and the subsequent introduction of the Skilled Occupation List (SOL) have resulted in a critical shift towards a labour market demand-driven program. They have effectively decoupled the international education and migration programs, breaking a link that had led to negative outcomes for both international education and the skilled migration program.
The interesting trend Peter discussed was the immediate effect this reform package has made in contributing to a decline in NOM, which has now almost halved from its peak of more than 315 000.
The purpose of the Knight Review was to examine how the student visa program could best support Australia’s international education sector while at the same time preserving the integrity of Australia’s migration program. The changes that are occurring as a result of the Knight Review should ensure the student program remains broadly NOM neutral, as we expect to see genuine students coming to Australia, with the view to complete their courses and then return home – unless they have been sponsored by an Australian employer or have been offered a place in the Australian independent skilled migration program.
Discussion paper on the Review of the Student visa Assessment Level Framework
A Discussion Paper on the Review of the Student visa Assessment Level (AL) Framework was published on our website on 31 January 2012. The department uses Student visa ALs to manage immigration risk in the Student Visa Program, and a review of the AL Framework was a key recommendation of the Strategic Review of the Student Visa Program undertaken by the Hon Michael Knight AO.
We’d welcome your submission on the paper, which you can send by email to Student.Policy.Projects@immi.gov.au, or post to:
Department of Immigration and Citizenship
Student Policy Projects
Attn: Lisa Curtin
PO Box 25
Belconnen ACT 2616
The Discussion Paper is open for comment until 16 March 2012.
Student Visa Program Quarterly Report
The 5th edition of the Student Visa Program Quarterly report was published on our website on January 27. Since the first edition was published in February 2011, the report has been well received by stakeholders in the international education sector.
The report provides general information about the student visa program and data on applications, grants, grant rates and processing times over a period of time. It also provides insight into emerging student visa trends. The December 2011 quarterly report shows that student visa applications and grants increased during the period July to December 2011, compared to the same period in the previous year.
A copy of the latest quarterly report, yearly student visa trends and comprehensive data on student visa grants by sector and country are available on the department’s website at: www.immi.gov.au/media/statistics/study/
