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Provider Update - Schedule 1 changes - Restricting onshore visa hopping to the Student visa program

Education Provider Update: Schedule 1 Changes - June 2024

The Australian Government is implementing significant reforms to the international education system to maintain integrity and support genuine international students. These changes are part of the Migration Strategy announced in December 2023.

Key Changes Effective from 1 July 2024:

  • Expansion of Legislative Instrument LIN16/016: This will prevent holders of Temporary Graduate, Maritime Crew, and Visitor visas from applying for a Student visa while onshore in Australia. The affected visa subclasses include:

    • Subclass 485 (Temporary Graduate)
    • Subclass 600 (Visitor)
    • Subclass 601 (Electronic Travel Authority)
    • Subclass 602 (Medical Treatment)
    • Subclass 651 (eVisitor)
    • Subclass 988 (Maritime Crew)
  • Existing Restrictions: These changes add to the existing restrictions for the following visas:

    • Subclass 403 (Temporary Work (International Relations)) – Domestic Worker (Diplomatic or Consular) stream
    • Subclass 426 (Domestic Worker (Temporary) – Diplomatic or Consular)
    • Subclass 771 (Transit)
    • Subclass 995 (Diplomatic Temporary) – primary visa holders only

Important Notes:

  • No Bridging Visas for Offshore Applicants: Visa applicants lodging offshore will not be granted a Bridging visa and must remain outside Australia until their visa is decided unless they hold another visa allowing travel and stay in Australia.
  • Compliance with Visa Conditions: Visa holders in Australia must comply with the conditions of their visa, including work and study limitations.

Objective:

These changes aim to:

  • Restrict onshore visa hopping, which undermines the system's integrity and contributes to 'permanent temporariness.'
  • Encourage Temporary Graduate visa holders to either leave Australia or seek skilled jobs and other visa pathways leading to permanent residence.
  • Ensure that those seeking to study in Australia apply for a student visa from offshore.

For more information on these changes, visit the Migration Strategy Page on the Home Affairs website. 

Source: Provider-Update---Schedule-1-changes---June-2024.pdf

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