Commencing 1 July 2024, a significant change will be implemented. Certain visa holders in Australia will no longer be eligible to apply for Student visas while within the country. This crucial regulation, announced by the Minister for the Department of Home Affairs, Clare O’Neil, is a pivotal step towards enhancing the efficiency and integrity of Australia’s immigration programs.
For more detailed insights on this topic, you can read the article we wrote about the Australian Government’s crackdown on student visas here.
Affected Visa Subclasses
According to the Migration Regulations 1994 – Specification of Categories of Visas that Preclude a Person from Lodging a Student Visa Application in Australia 2016/016 – IMMI 16/016, the following visa subclasses are affected:
- Subclass 403 (Temporary Work (International Relations)) – Domestic Worker (Diplomatic or Consular) stream only
- Subclass 426 (Domestic Worker (Temporary) — Diplomatic or Consular) – The whole subclass
- Subclass 485 (Temporary Graduate) – The whole subclass
- Subclass 600 (Visitor) – The whole subclass
- Subclass 601 (Electronic Travel Authority) – The whole subclass
- Subclass 602 (Medical Treatment) – The whole subclass
- Subclass 651 (eVisitor) – The whole subclass
- Subclass 771 (Transit) – The whole subclass
- Subclass 988 (Maritime Crew) – The whole subclass
- Subclass 995 (Diplomatic (Temporary)) – Subclass 995 visa granted to an applicant who satisfies the primary criteria
For more information, please refer to the link: Federal Register of Legislation – Migration (Specification of Categories of Visas that Preclude a Person from Lodging a Student Visa Application in Australia) Amendment Instrument (LIN 24/051) 2024
Implications for Affected Visa Holders
If you hold one of the above visa subclasses and are currently in Australia, you will be precluded from applying for a student visa from within the country. This change is significant and could have a profound impact on your plans for further study, as you must now apply for a student visa from outside Australia. Please be assured that we are here to support you through this transition.
The Rationale for the Changes
These changes are part of the Department of Home Affairs’ new measures to streamline and enhance immigration programs. By implementing these restrictions, the Department is purposefully ensuring that the student visa program is used appropriately and maintaining the integrity of Australia’s immigration system.
Steps to Take if You Are Affected
If you are affected by these new changes, understanding your options and planning is essential. Here are a few steps you can take:
- Consult with an Immigration Lawyer: Understanding how these changes impact your situation can be complex. An experienced immigration lawyer can provide clarity and guidance on the best course of action.
- Explore Other Visa Options: Depending on your circumstances, alternative visa pathways may be available to you. An immigration lawyer can help you explore these options.
- Plan for Offshore Applications: If you need to apply for a student visa, you must do so from outside Australia. Planning your departure and application process can help ensure a smoother transition.
Contact Kris Ahn Lawyers
At Kris Ahn Lawyers, we specialise in navigating the complexities of Australian immigration law. If these new changes affect you, contact us today to discuss your options. Our team of experts is here to help you understand your situation and provide the best possible guidance and support.
For more detailed advice and assistance, contact Kris Ahn Lawyers to ensure you are taking the right steps to comply with these new immigration regulations.
Disclaimer: Not Legal Advice
The information provided in this blog post/article is for general informational purposes only. It does not constitute legal advice or create a representative-client relationship. While we strive to provide accurate and up-to-date information, the content may not reflect the most current legal developments or specific circumstances.
Do not rely solely on the information presented here – but please book in a consultation with us to see how you this information applies to you and may benefit you. Any reliance on the material in this post is at your own risk.
Australian immigration law is arguably one of the most complex laws in Australia. Seek professional legal advice tailored to your individual needs before making any decisions based on the content of this post.
