The Morrison Government has released a plan to reduce congestion in major cities, encourage more skilled migrants to enter and reside in regional areas. On 20 March 2019, Prime Minister Scott Morrison announced that for the next four years immigration will be capped 160,000 migrants per year. While the total amount of immigration will be capped, the number of skilled migrants entering Australia will be raised using regional visas and skilled visa streams.

On 28 February 2019, Immigration SA has introduced some changes to its general skilled migration nomination policies. These changes are aimed to enhance South Australian immigration by encouraging skilled international graduates to remain and reside in South Australia.

Key terms: Australian Student Visa - Subclass 500 - Visa application requirements - financial evidence - Genuine Temporary Entrant (GTE) criterion

The Department of Immigration and Border Protection (DIBP) has announced that the immigration risk rating for all education providers and countries will be updated on 31 March 2017. The immigration risk rating determines the financial, English and other evidences required for the student visa application under the Simplified Student Visa Framework (SSVF).

The DIBP has used data of student visa applications lodged between 1 January to 31 December 2016 to assign new immigration risk ratings to education providers and countries. It is also mentioned that the next update will happen in September 2017, using application data from 1 July 2016 to 30 June 2017.

To determine the type of financial, English and other evidence required for your student visa application you will need to use the online Document Checklist Tool which can be found on the Subclass 500 Student Visa webpage on the DIBP website.

If you need clarification on the evidence required or your circumstances, please contact a Registered Migration Agent to know more before applying. You need to be aware of the new requirements (if any) when you lodge your student visa application after 31 March 2017.

Sources:

http://www.border.gov.au/Trav/Visa-1/500-

 

Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers

It looks like the DIBP will be having a periodic revision of the immigration risk ratings for the Student visa programme. This may be a response to the media reports of student visa scams by education providers 1-2 years ago.

While the immigration risk rating affects the type of evidence required, you are reminded that the basic requirements for the student visas include financial capacity, English and also the meeting of the Genuine Temporary Entrant (GTE) criteria. At Work Visa Lawyers we have received an increase of enquiries from applicants who have had their student visa applications refused. Most of the refusals were on the grounds of not meeting the GTE requirements so I would recommend paying attention to meet the GTE requirements in addition to financial and English requirements.

This information is accurate on 28 March 2017

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956 or +61 8 8351 9956

or   This email address is being protected from spambots. You need JavaScript enabled to view it.

Many overseas students who aim to pursue their dream to come to Australia for further studies have lost the money they provided to Tu Futuro. They were shocked to realise that recently Brisbane based Education Agency – Tu Futuro have disappeared with the money that the students have paid for their tuition and accommodation.

The fraud has been reported to involve approximately 100 young foreigners who have allegedly lost up to $1 million. The students, who were from developing countries, mainly Brazil, were disappointed when they are were able to get in touch with the agency after realising that not all of the providers had been paid by the agency. For many of these students, this education fund represented their life savings or that of their parents.

The Overseas Students Ombudsman had received more than 40 complaints and is currently working with the Government agencies to ensure affected students were assisted in every possible manner. Brazil’s honorary consul in Brisbane has called for an investigation and compensation for the victims. Queensland Police is currently assessing the matter with the other government agencies.

Apply for a 485 Temporary Graduate Visa if you are eligible

There are two streams to the 485 visa which are:

1. Graduate Work Stream 

2. Post-Study Work Stream

Graduate Work Stream

• For international students who graduated with a qualification related to an occupation on the Skilled Occupation List (SOL)

• Requires a positive skills assessment

•  Valid for 18 months from the date of grant

Post-Study Work Stream

• For International students who graduate with a higher education degree from an Australian education provider, regardless of their field of study.

• This stream is only available to students who applied for, and were granted their first student visa to Australia on or after 5 November 2011.

• This visa can be granted up to 4 years from the date the visa is granted, depending on the visa applicant's qualification.

Other criteria require for both streams include:

• meet English language requirements. You have achieved an overall score of at least 6 with a minimum a score of 5 in each of the four test components (speaking, reading, listening and writing) in an International English Language Testing System (IELTS) test that has been undertaken in the three years immediately prior to lodging the visa application.

• meet the 2 years full time Australian study requirement

Many graduates choose to apply for the 485 visa to give them more time to achieve the requirements for General Skilled Migration (GSM) or Employer Sponsored visas. While holding the 485 visa, you could:

• obtain a positive skills assessment

• improve English test scores

• find an employer to sponsor you

• gain more work experience (an application for a Temporary Skills Shortage subclass 482 visa requires 2 years of relevant work experience)

The subclass 485 Temporary Graduate Visa is a good option, but it is not available to all students. Many vocational course graduates miss out and may need to consider other options.

If you cannot apply for one of the two Graduate visas, then you mayneed to consider your other options below. If GSM and Employer sponsorship are not suitable, then you may have to apply for further studies visa.

Apply for a Skilled Visa – Subclass 189, 190 or 491

Apply for a 482 Temporary Skills Shortage Visa

You may be eligible to apply for a 482 visa if you have worked the permitted 20 hours per week for 2 years while holding your student visa. You will also need an employer who is willing to sponsor you for a work visa.
This pathway requires a few stages of work as the employer needs to be an approved sponsor first before sponsoring you. Work Visa Lawyers assists in checking the eligibility of the employer to be a sponsor and the sponsorship application process. If you have an employer willing to sponsor you, do contact us immediately as the preparation involved before your visa application can take some time. It is noteworthy that some employers may sponsor you for a permanent visa immediately.

Apply for a Partner Visa

Apply for a Further Studies Visa

• The course you recently completed does not meet the 2-year study requirement, or
• The course you completed has no suitable occupation to be nominated for a visa application

Pathways Taken By Other Graduates

Rosa

Bruno

Sources:

Immigration SA website

Department of Home Affairs website

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/temporary-graduate-485

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/skilled-nominated-190

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/skilled-work-regional-provisional-491

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/temporary-skill-shortage-482

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-onshore

This information is accurate on 28 February 2020.  Department of Home Affairs will change requirements in an ongoing manner and all current requirements must be established prior to lodging an application.

Do You Need Help?

At Work Visa Lawyers we are experienced in assisting applicants with skilled visa applications such as subclass 189, 190, 489, 485, 457 visas as well as the Regional Sponsored Migration Scheme (RSMS). We also handle family visa applications including Partner, Parent and Child visas.

If you require further information regarding your current visa options you can contact us through:

 (08) 8351 9956 or +61 8 8351 9956 

or This email address is being protected from spambots. You need JavaScript enabled to view it.

*** Read our earlier article about the new Student Visa structure here. ***

The new student 500 and student guardian 590 will commence from 1 July 2016

Features to include:

Three features we can comment on:

1.       The applications will be all electronic.

2.       The financial capacity requirements will be slightly higher:

The financial capacity requirements will be slightly higher:

Student: $19,830

Student Guardian: $19,830

Spouse or de-facto partner of student: $6,940

Any dependent children: $2,970

Simplified Student Visa Framework (SSVF)

The new simplified student visa framework (SSVF) will be influential in terms of the criteria for the student visa:

The DIBP website provides the following information:

“Under the SSVF, the combined immigration risk outcomes of the student’s education provider and country of citizenship will be used to guide the level of documentation relating to financial capacity and English language proficiency that the student would need to provide with their student visa application.”

The following chart if available from a factsheet for education providers:

“In the table S refers to streamlined evidentiary requirements while R refers to regular evidentiary requirements. Where regular evidentiary requirements apply the student will generally be required to provide evidence of their financial and English language capacity with their visa application.”

Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers

The shift to all electronic lodgements will be a major benefit to many applicants.  It will also allow the DIBP/DFAT to save money on staff costs.

We will provide more information about the specific requirements once they are available. In the meantime it is best that you submit your visa applications as early as possible to avoid any delays in starting your enrolled courses.

The simplification in visa classes and risk assessment criteria will be great for all involved.  The current system is very confusing and not user friendly at all.

This information is accurate on 07 May 2016

Sources:

1.     DIBP, SSVF factsheet- General information for education providers, May 2016

2.     Migration Institute of Australia, Reports to Members

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956 or +61 8 8351 9956

or  This email address is being protected from spambots. You need JavaScript enabled to view it.

From 1 July 2016 the Australian student visa programme will be amended to having just two visa subclasses (currently there are EIGHT subclasses). The two visa subclasses will be Subclass 500 (Student) and Subclass 590 (Student Guardian).

By reducing the various student visa subclasses the Department of Immigration and Border Protection (DIBP) aims to introduce and apply the same criteria for all student visa applications. The criteria will include:

• enrolment requirements
• English language requirements
• financial capacity requirements
• Genuine Temporary Entrant (GTE) requirements

Current assessment levels and streamlined visa processing arrangements will be removed with case officers required to consider more factors to assess the genuineness and the need for individuals to provide evidence of financial and English proficiency. Case officers will be assisted by the new combined country and provider immigration risk framework that will help guide student visa evidentiary requirements and create streamlined visa application processing opportunities for education providers across all sectors.

A condition will also be attached to the new student visas to determine if a new student visa is required if you change your education courses. There will also be no restrictions on bringing family for students studying for less than 10 months.

Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers

The changes announced to the student visa programme come as a result of the “Future Directions for Streamlined Visa Processing Report and Recommendations” report compiled in June 2015. While it sounds like the DIBP is heading in the right direction by streamlining the student visa application process, we will need to observe the adjustments made by the DIBP after July 2016 to find out if this is a better system.

We will provide more information about the specific requirements once they are available. In the meantime it is best that you submit your visa applications as early as possible to avoid any delays in starting your enrolled courses.

This information is accurate on 18 April 2016

Source:

1. https://www.legislation.gov.au/Details/F2016L00523/Download
2. https://www.border.gov.au/ReportsandPublications/Documents/reviews-and-inquiries/future-directions.pdf

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956 or +61 8 8351 9956

or   This email address is being protected from spambots. You need JavaScript enabled to view it.

Immigration SA, the South Australia state department which manages state nomination policies and processes state nomination applications, has introduced a new nomination option for international graduates who studied in South Australian public universities.

What is a High Performing Graduate?

According to Immigration SA, you can claim to be a High Performing Graduate for SA state nomination by meeting ALL of the following requirements:

• Currently residing in South Australia
• Studied at a South Australian public university, which includes:
  • Flinders University
  • University of Adelaide
  • University of South Australia
• Completed one of the following qualifications:
  • PhD
  • Masters by Research
  • GPA of 6.0 or above in a Masters by Coursework degree (following completion of a Bachelor degree in South Australia)
  • First Class Honours in a dedicated Honours year (following completion of a Bachelor degree in South Australia)
  • GPA of 6.0 or above in a Bachelor degree

Note: GPA – Grade Point Average

High performing graduates from other South Australian higher education institutes may also be considered on a case-by-case basis. You will need to email your academic transcript to This email address is being protected from spambots. You need JavaScript enabled to view it.

You should check that you meet the requirements above before emailing the Immigration SA team.

What is the benefit of obtaining the state nomination via the High Performing Graduate pathway?

Benefits in seeking state nomination via the High Performing Graduate stream include the following:

• Additional points for your Skill Select subclass 190 or 489 visa application

(Additional 5 points for subclass 190; additional 10 points for subclass 489)

• Access to a more extensive list of occupations on either the State Occupation List or the Supplementary Skilled List, including nominating occupations where “Special Conditions Apply”
• Obtain waivers for Immigration SA’s work experience and English language requirements

If you need further information, please contact Work Visa Lawyers via the contact details listed below.

Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers

South Australia has done it again. Previously the Immigration SA team introduced the High Points sponsorship option, to attract high calibre migrants for state sponsorship. With the introduction of the High Performing Graduate sponsorship pathway, it is expected that more General Skilled Migration applicants will be making South Australia their home. The additional sponsorship pathway is definitely welcomed among international graduates to seek extra points and waivers for their visa application.

Policies like this also make SA a more attractive place for International Studies. High achieving students may choose to study in SA due to the favourable state nomination requirements provided by Immigration SA for SA international graduates.

While the High Performing Graduate sponsorship option is available for graduates of the 3 public universities listed, SA international graduates from other institutes with excellent academic records can still seek SA nomination by sending their academic transcript to Immigration SA for consideration on a case-by-case basis. You should seek Immigration SA opinion if you have excellent grades.

You should also note that there are other criteria that need to be fulfilled, such as obtaining sufficient points in the Expression of Interest (EOI), meeting health and character requirements, and so on.

Always check with a Registered Migration Agent first before starting your visa application.

This information is accurate on 19 February 2016

Source:

1. http://www.migration.sa.gov.au/International-graduates/high-performing-international-graduates-of-south-australia

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as Migration Review Tribunal, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956 or +61 8 8351 9956

or   This email address is being protected from spambots. You need JavaScript enabled to view it.

News streams were flooded with the arrest of 3 individuals running a student visa and employment scam in Melbourne, Victoria. The individuals owned and managed a college, St Stephens Institute in Reservoir and an institute, Symbiosis Institute of Technical Education. The individuals worked with unscrupulous migration agents and applied student visas for applicants who paid up to AUD 10,000 for "enrolment" in the college or institute. There were no classes for students to attend but instead the students were arranged to work as posties or delivery personnel. The work was arranged via one of the individual's business which was a labour hire contractor for the Australian Post. The "students" were underpaid and received no benefits whatsoever but continued working as they were promised a work or residence visa at the end of their student visa.

Another institute that has come under scrutiny is TK Melbourne Education and Training College which allegedly has been issuing fake and back-dated certificates to international students. The Australian Skills Quality Authority (ASQA) has issued a “critical non-compliance” label to the institute for failing to meet with national Registered Training Organisation standards. If students used the fake qualifications to enrol in a separate higher learning course, or to apply for a skilled migration visa, the fake qualification may be overturned and the students will then be refused admission or a visa application.

Don’t get caught up in a scam!

While the government bodies involved – Australia Post, Australian Skills Quality Authority (ASQA) and the new Department of Immigration and Border Protection (DIBP) perform the necessary internal review to prevent such cases from repeating, Work Visa Lawyers would like to educate and remind international students, current or prospective to be fully aware of the objective and obligations of the student visa programme in Australia. Students involved in unlawful and unethical arrangements as above suffer financial loss as well as potentially a negative record on their Australia visa history, which may affect future Australia visa applications.

It is important for international students in Australia to check:

• They are enrolled in the correct education course and institute
• The obligations and conditions for the student visa held, such as work restrictions or education provider restrictions (e.g. streamlined education providers)
• Actual study was conducted before the qualification is deemed complete before a certificate is issued

Student visa holders also need to know that there is no guarantee of a visa at the end of the study duration even though they may be promised so. Student visa holders should always check with the DIBP or other Registered Migration Agents if they suspect that something is amiss with their education courses or permitted employment.

Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers

The DIBP has the power to cancel a visa in a number of scenarios such as the ones listed below:

• if an applicant has provided:
  • “a bogus document or information that is false and misleading in  material particular in relation to:
    1. the application for the visa; or
    2. a visa that the applicant held in the period of 12 months before the application was made”

From Public Interest Criteria 4020

This includes the situation where the applicant did not knowingly provide the false or misleading information with their application.

• if a visa holder violated the visa conditions and obligations (such as working when not allowed to)
• if a visa holder has committed criminal offences that are harmful to the Australian society and its values. The recent focus on cancelling visas of convicted criminals (see our earlier news entry here) is one such example.

Work Visa Lawyers advises all Australian visa holders to:

• Stay away from scams and criminal activities
• Always be aware of your visa conditions and make sure you meet the visa obligations
• Always check with a trusted authority such as the DIBP or Registered Migration Agents in Australia if there is something suspicious in relation to your student or work visa

This information is accurate on 7 August 2015

Source:

1. http://www.smh.com.au/national/australia-post-link-to-visa-crime-racket-claim-20150804-girbiw.html
2. http://www.smh.com.au/national/cash-for-visas-international-colleges-fake-qualifications-in-migration-rackets-20150805-gis11z.html
3. http://www.brisbanetimes.com.au/national/nonsensical-essay-answers-shine-a-light-on-australias-educational-visa-farms-20150805-gis8po.html
4. http://newsroom.border.gov.au/releases/three-charged-and-millions-of-assets-seized-in-joint-agency-investigation

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications, including state sponsorship applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as Migration Review Tribunal, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 7225 5091 or +61 8 7225 5091

or   This email address is being protected from spambots. You need JavaScript enabled to view it.

If you have recently completed your tertiary studies in December 2014, your student visa is likely to be expiring in mid-March 2015, just 2 more months down the road! If you have not sorted out your visa options for further stay in Australia you need to get started immediately. Read on to discover the options you have for extending your stay in Australia post-studies.

Apply for a 485 Temporary Graduate Visa if you are eligible

There are two streams to the 485 visa:

Graduate Work Stream

• For international students who graduated with a qualification related to an occupation on the Skilled Occupation List (SOL)
• Requires a positive skills assessment
• Valid for 18 months from the date of grant

Post-Study Work Stream

• For international students who graduate with a higher education degree from an Australian education provider, in any field of study
• Only applicable for students who applied for, and were granted their first student visa to Australia on or after 5 November 2011
• Can be granted for up to four years from the date of visa grant, depending on the visa applicant’s qualification

Other criteria require you to:

• have at least competent English
• meet the Australian study requirement

The subclass 485 Temporary Graduate Visa is a good option, but it is not available to all students. Many vocational course graduates miss out and may need to consider other options.

Apply for a Skilled Visa – Subclass 189, 190 or 489

It is possible that graduates can immediately qualify for a General Skilled Migration (GSM) visa. There are a range of factors such as having a positive skills assessment, good English skills and state sponsorship for recent graduates. Occupations that are possible to apply for a GSM visa because they do not require 1 year of experience include: Registered Nurses, Engineers and Accountants.

There are various factors to be considered for this pathway as each state and territory has their own sponsorship requirements and benefits (such as Chain Migration for South Australia); and nominated occupations must be on the skilled occupation list. South Australia is one of the states which strongly supports its own graduates in obtaining state sponsorship for further visa applications. Check with Work Visa Lawyers about the various state sponsorship requirements and their implications for your visa application.

Apply for a 457 Employer Sponsored Work Visa

You may have worked the 20 hours allowed per week during your studies and come across an employer who is willing to sponsor you for a work visa. This pathway requires a few stages of work as the employer needs to be an approved sponsor first before sponsoring you. Work Visa Lawyers assists in checking the eligibility of the employer to be a sponsor and the sponsorship application process. If you have an employer willing to sponsor you, do contact us immediately as the work involved before your visa application can take some time. To have an overview of the work visa application read our blog entry here. It is noteworthy that some employers may sponsor you for a permanent visa immediately.

Apply for a Partner Visa

During your studies you may have met someone who is an Australian or an Australian Permanent Resident. If the relationship is genuine and ongoing, you can consider applying for a Partner Visa. The timing of your application and having strong supporting evidence is important. It is advisable that you check with Work Visa Lawyers on your situation before lodging an application for a partner visa. Read here to understand more about Partner Visas.

Enrol in a new course for further studies to increase your skills

This option can be considered if you encounter the following scenarios:

• The course you recently completed does not meet the 2-year study requirement, or
• The course you completed has no suitable occupation to be nominated for a visa application

While this option is costly and you will not be applying for a permanent visa until you complete the new course, it allows you to stay on in Australia to evaluate your options later, as well as obtain another quality Australian qualification. Do note that there are no guarantees that the new course you enrol in will lead to a permanent residence visa.

To be granted a student visa, you will need to meet the genuine temporary entrant requirement. This requires that you study a course with the intention to return to your home country with the newly acquired skills.

Source:

Department of Immigration and Border Protection (DIBP) website

https://www.immi.gov.au/Visas/Pages/485.aspx

https://www.immi.gov.au/Work/Pages/SkillSelect/SkillSelect.aspx

https://www.immi.gov.au/Visas/Pages/457.aspx

https://www.immi.gov.au/Visas/Pages/801-820.aspx

This information is accurate on the 23 January 2015.  DIBP will change requirements in an ongoing manner and all current requirements must be established prior to lodging an application.

Do You Need Help?

At Work Visa Lawyers we are experienced in assisting applicants with skilled visa applications such as subclass 189, 190, 489, 485, 457 visas as well as the Regional Sponsored Migration Scheme (RSMS). We also handle family visa applications including Partner, Parent and Child visas.

If you require further information regarding your current visa options you can contact us through:

 (08) 7225 5091 or +61 8 7225 5091

or   This email address is being protected from spambots. You need JavaScript enabled to view it.

The DIBP has embarked on a campaign to inform students of the risks of changing from a streamlined course to a lower course. 

“Changing course advice for streamlined visa holders

If you want to change to a new course and you were granted a visa under the streamlined visa processing arrangements you must maintain enrolment in a streamlined visa processing eligible course (or package of courses) with an education provider participating in the arrangements.  ... ...

Important: If your new course is not with an education provider participating in the streamlined visa processing arrangements, read the information below about changing education providers.

If you enrol in a course (or package of courses) that is not eligible for streamlined visa processing, you no longer meet the criteria for which your visa was granted and may be considered for visa cancellation.”

From the DIBP Migration Blog:

“Moving from a university to a vocational education course

·         You must complete six months of the highest qualification course in which your visa was granted before changing courses with a different education sector.

·         You must obtain a new visa to study in a different educational sector.

Names of people and education providers in this story are fictional for the purposes of this case study.

Mandeep was enrolled with the Eucalyptus University to study a Bachelor of Accounting. She was granted a  Higher Education Sector (subclass 573) visa.

After commencing her bachelor degree, she was informed by a friend she could study her course faster and cheaper at a different institution. Mandeep thought this sounded like a good option as she wanted to get her degree as fast as possible. She thought she may have a problem with her visa if she changed her course.

Mandeep phoned the Department of Immigration and Border Protection to see if she could move to this cheaper institution. After confirming all the details of Mandeep’s case, the immigration officer told Mandeep her visa was granted under streamlined visa processing arrangements with the Eucalyptus University—if she changed to a non-streamlined education provider while holding a streamlined student visa, she may be in breach of a condition of her visa (condition 8516).

The immigration officer informed Mandeep that if she wanted to change education provider she would have to choose one of the following options:

·         transfer to another streamlined institution

·         remain in her current course and apply for a new student visa (after completing six months of her principal course) with a letter of offer or confirmation of enrolment from the new provider

·         depart Australia, request the voluntary cancellation of her student visa and then apply for a new student visa with a letter of offer or confirmation of enrolment from the new education provider.

Mandeep decided to move to the cheaper institution, regardless of the information she had found out about her visa. Shortly after, the department contacted her and issued a Notice of Intention to Consider Cancellation for her student visa.

Mandeep responded to the notice and provided reasons why her visa should not be cancelled. The department considered her response and proceeded to cancel her student visa for breach of condition 8516.

Mandeep was upset and regretted not abiding by the conditions of her visa. Mandeep no longer held a visa to remain lawfully in Australia and made arrangements to return to her home country.”

Warning: This information is accurate on the 02 February 2014. 

DIBP will change visa requirements in an ongoing manner and all current requirements must be established prior to lodging an application. 

Sources: https://www.immi.gov.au/Study/Pages/changing-courses.aspx

http://migrationblog.immi.gov.au/2014/01/14/changing-courses-changes-everything/

Comment by Chris Johnston, Migration Lawyer and Registered Migration Agent: 

The problem for many students is that this information campaign will be too late and they have already made the change and face student visa cancellation.

Options in this case may include applying for the correct visa prior to any cancellation occuring. 

Do You Need Help in Relation to Australian Visas?

If you require further information regarding Australian visa options you contact our offices on:

 (08) 7225 5091 or +61 8 7225 5091  

or This email address is being protected from spambots. You need JavaScript enabled to view it.

One million student and temporary work visa holders tax records to be targeted for tax fraud by the Australian Tax Office (ATO).

It is most noteworthy that Student Visa holders and 457 visa holders, which together account for hundreds of thousands of visa holders currently in Australia, are being targeting by the ATO.

The visa subclasses to be data matched by Australian Tax Office (ATO) are the following:  “Subclasses 406, 410, 411, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 426, 427, 428, 442, 457, 462, 570, 571, 572, 573, 574, 575, 576, 580”

The period of time to be data matched is: “between the period 01/01/2012 and 30/6/2014 inclusive from the Department of Immigration and Citizenship for the 2012, 2013 and 2014 income years.”

The ATO aims to “to identify potential fraud, and other non compliance with lodgment and payment obligations under taxation law.”

For more details visit original notice from Commissioner of Taxation:

http://www.comlaw.gov.au/Details/C2013G00598

An article from the Age reporting on the data matching:

http://www.watoday.com.au/opinion/political-news/visa-holders-targeted-for-tax-fraud-20130425-2igin.html