Changes to the GTE requirement for Student visas sc 500 - From 23 March 2024
The Department of Home Affairs has announced that changes to the student visa subclass 500, as outlined in the Migration Strategy released last December, will take effect from March 23, 2024, for applications submitted on or after that date.
The main change pertains to the Genuine Temporary Entrant (GTE) requirement: up to now, international students have been requested to submit a letter of intent along with their visa application. However, this statement will now be replaced by a Genuine Student (GS) requirement.
This new requirement will comprise targeted questions designed to assist case officers in evaluating students' genuine intentions to pursue quality education in Australia, distinguishing their study plans from any future migration aspirations.
The questions will focus on:
Details of their current circumstances, including connections to family, community, employment, and economic conditions.
An explanation for their choice of course and reasons for selecting Australia as their study destination.
Advantages offered by the chosen course.
Educational history for applicants with a prior record of studying in Australia.
Reasons why applicants holding a different visa in Australia require a student visa, and any additional relevant information the applicant wishes to provide.
Although articulated differently, with questions replacing the current statement, many aspects of the new GS requirement will overlap with the GTE. However, the last two points, specifically concerning applicants who are already studying in Australia and those holding visas other than student visas, look particularly aimed at scrutinizing the intentions of applicants already within the country. These applicants will need to demonstrate their genuine student status, if they have previously studied in Australia (for example, showing that they have successfully completed their previous course of studies). If they are onshore on a different visa, they must show that their intentions genuinely revolve around achieving education in Australia. This measure is in place to prevent visa misuse for alternative purposes.
Additionally, amendments will be made to the student visa declaration to ensure that students:
Understand what it means to be a genuine student for the purpose of studying in Australia.
Have read, comprehended, and agreed to comply with the conditions of the student visa, as well as to notify the Department of Home Affairs of any changes to their circumstances.
Recognize that while post-study pathways to permanent migration exist, only a limited number of graduates will be eligible, and those unable to legally remain in Australia must depart.
There is a possibility that changes to the English language requirements for international students, also outlined in the Migration Strategy, will be introduced at this stage; however, there are currently no specific updates regarding this matter.
It's important to note that despite the imminent start date, these changes have not yet been enacted into law. The Department will provide further details closer to the expected implementation date.
NEW STUDENT AND TEMPORARY GRADUATE VISA MEASURES
In the latest migration strategy unveiled in December 2023, significant changes have been outlined for the subclass 500 student visa and the 485 temporary graduate visa.
Let's delve into the details together.
1. English Language Requirements:
Student Visa 500: Currently set at a minimum score of 5.5 IELTS (or equivalent score for another test), the new score will be elevated to 6.0.
For those undertaking an ELICOS English course only, there are no changes. However, if the ELICOS course is part of a study package, the minimum score will increase from the current 4.5 IELTS (or equivalent) to 5.
Additionally, for University Foundation or Pathway programs delivering English language training, the required test score for students will be IELTS 5.5 (or equivalent).
Temporary Graduate Visa (TGV) 485: The minimum score required for a TGV will rise from IELTS 6.0 to 6.5 (or an equivalent score in another test), with a minimum score of 5.5 required for each component of the test (reading, writing, speaking, and listening).
Important: the test validity window for a TGV will be reduced from the current 3 years to 1 year. Therefore, TGV applicants will need to provide proof of having completed an English language test within 1 year immediately before the visa application date.
2. Changes in Student visa Assessment and Decision Procedures:
Ministerial Direction No.107 establishes prioritization of student visas (and Student Guardian visas) caseload based on the risk-level of the schools. Educational institutions are classified according to a risk level ranging from 1 (least risky) to 3 (most risky). While all student visa requests will be assessed, priority will be given to applications made for courses of study at less risky institutions, whereas requests made for riskier ones will experience longer decision times. Visa requests that include children under 18 will also be given priority.
This priority system has already commenced on 15 December 2023.
Attention will be strengthened on key areas of student visa applications, including the circumstances of the applicant, such as their academic or career progression, and the usefulness of the intended study to their future career prospects. The aim is to prevent student visa requests from non genuine- students: those who do not meet the requirements will not have the student visa approved.
We expect these changes to begin early this year.
You can read the Migration Strategy- Student and Graduate visa measures fact sheet here while more info about the Ministerial Direction 107 can be found here.
The Migration Strategy plan has unveiled important changes in the immigration scenario! Check out our blog post about what’s coming!
If you need assistance with applying for your visa, do not hesitate to contact us!
Temporary relaxation of working hours for student visa holders
The Department of Home Affairs and Australian Border Force has approved a temporary relaxation of working hours for student visa holders, when employed in specific sectors.
You can work for more than 40 hours a fortnight if you are:
employed in the tourism and hospitality sector
employed in the agriculture sector
enrolled in a health care related course and you are supporting the health effort against COVID-19 as directed by health officials
employed by an aged care Approved Provider or Commonwealth-funded aged care service provider with a RACS ID or a NAPS ID, before 8 September 2020
employed by a registered National Disability Insurance Scheme provider
The government will review these temporary measures regularly and will announce when these measures no longer apply.
Student visa holders do not have to apply to get these temporary measures but will need to contact their employers.
VISA FEE WAIVER FOR STUDENTS AFFECTED BY COVID-19
To support the recovery of the international education sector in Australia, a new student visa visa fee waiver has been introduced.
A NIL (= $0) visa fee will be available for international students who need to lodge an additional student visa application, to complete their studies.
International students who held a student visa on or after the 1st of February 2020 and who were unable to complete their studies within their original visa, due to covid-19, will be eligible for the new visa fee waiver.
Students must:
apply for a new student visa after midnight on 5 August 2020
attach a 1545 COVID-19 IMPACTED STUDENT form, provided by their educational institution.
Students can be onshore or offshore. The visa fee waiver applies to new student visa applications only.
DEPARTMENT TO RESUME OFFSHORE STUDENT VISA PROCESSING
The Morrison government has announced changes to the student visa arrangements in order to support international students who are struggling due to the current COVID-19 situation. The education sector represents the Australian third largest export, contributing $40 billion dollars annually.
Five main changes have been announced:
1) The government will resume granting student visas to offshore applicants. This means that when the borders re-open, students will already have visas and will be able to make arrangements to travel.
2) International students will be able to submit an additional student visa application for free, if they are unable to complete their studies within the validity of the original visa due to COVID-19.
3) Current student visa holders, studying online outside of Australia due to COVID-19, will be able to use that study to count for a post-study work visa subclass 485.
4) Graduates holding a student visa will be able to apply for a post-study work visa outside Australia if they are unable to return due to COVID-19.
5) Additional time will be given to applicants to provide English language results, if COVID-19 has stopped the access to these services.
Please note that some of the above points will require amendments to the current legislation to become effective.
Student visas - Increase to financial capacity
With the just released legislative instrument 19/198 the Department of Home Affairs has reviewed,
as of tomorrow 24th October,
the requested evidence of financial capacity for student visa applicants.
Not all student visa applications require the applicants to show evidence of funds, however, the Department of Home Affairs has the right to request such evidence.
The previous figures are updated as follows.
Student visa applicant must have access to:
$21,041 for a primary applicant (currently $20,290)
$7,362 for a spouse or de facto partner (currently $7,100)
$3,152 for a dependent child (currently $3,040)
Annual school costs (unchanged)
The Department will be satisfied that the requirement is met where the applicant can demonstrate an annual income of $62,222 (currently $60,000) where there is one only applicant;
$72,592 (currently $70,000) where there is a secondary applicant.
Make sure you meet the above requirement among the others before lodging your student visa application or ask for professional advice.