Australian Immigration Daily News

Provider Update - ESOS - March 2024

The "Provider Update - ESOS - March 2024" document informs education providers about the Australian Government's new legislative measures under the Migration Regulations 1994, which support the Immigration Minister's authority under Section 97 of the Education Services for Overseas Students (ESOS) Act.

Announced on 26 August 2023, these measures enable the Minister to issue suspension certificates to education providers if it is believed that a significant number of overseas students or intending overseas students are not adhering to the purposes contemplated by their visas.

This initiative is part of the Australian Government's Migration Strategy, aimed at ensuring the integrity of Australia's international education sector by allowing access only to genuine students and education providers.

Key points include:

-New regulations prescribing factors for consideration by the Immigration Minister when issuing a suspension certificate, including a provider's score based on immigration outcomes over 12 months.

-Criteria for consideration under Section 97 of the ESOS Act, including the number of refused student visa applications due to fraudulent documents, visa condition breaches, and students remaining in Australia unlawfully.

-Providers under consideration for a suspension certificate will receive a Notice of Intention to Consider Suspension and have at least seven days to respond before a decision is made.

-A suspension certificate prohibits the provider from recruiting new international students for six months or while the suspension is in place.

-The regulations came into effect on 23 March 2024.

-The document also mentions that further details about these changes will be communicated to education providers, including through updates on the Department of Home Affairs website.

Provider Update - English Language Requirements - 23 March 2024

The "Provider Update - English Language Requirements - 23 March 2024" document outlines significant changes to the English language requirements for Student and Temporary Graduate visa programs, effective from 23 March 2024. These adjustments are part of the Australian Government's Migration Strategy announced on 11 December 2023, aimed at enhancing the educational experience of international students in Australia and supporting their contribution to Australia's economic growth.

Key changes include:

For Student Visas:

The minimum test score for English proficiency has been raised from an International English Language Testing System (IELTS) score of 5.5 to 6.0 (or equivalent).

The score requirement for students wishing to undertake a packaged English Language Intensive Courses for Overseas Students (ELICOS) has increased from IELTS 4.5 to 5.0 (or equivalent).

Students enrolled in recognised university foundation or pathway programs that provide reputable English language training now need a minimum score of IELTS 5.5 (or equivalent). These programs will be listed on the Department's website.

There is no change for students studying exclusively through ELICOS.

For Temporary Graduate Visas (TGV):

-The minimum score requirement has been raised from IELTS 6.0 to 6.5 (or its equivalent), with a minimum score of 5.5 in each test component (reading, writing, speaking, and listening).
-Passport holders from Hong Kong and British National Overseas (BNO) are exempt from the increased requirement, maintaining the need for an IELTS score of 6.0 (or equivalent), with a minimum of 5.0 in each component.
-The validity window for English language test results for TGV applications has been reduced from three years to one year. Applicants must now provide evidence of completing an English language test no more than one year immediately before the visa application date.
-The document also mentions that further details about the use of Section 97 of the Education Services for Overseas Students Act 2000 (ESOS Act) for issuing suspension certificates to high-risk education providers will be provided in a subsequent update.

These changes aim to ensure that students with strong English proficiency can independently live, engage with the community, and understand their workplace rights, reducing the risk of exploitation. Further information about these changes will be available on the Department of Home Affairs website, social media channels, and through outreach activities.

See:  Provider-Update---ESOS---March-2024.pdf and Provider-Update---English-Language-Requirements---23-March-2024.pdf