March 23 2024:
Expect shifts to your part-time workforce due to Student Visa Law Changes

Australia is introducing laws to action its Migration Strategy focus of reinvigorating the Student Visa program. This has a direct impact on businesses and employers.

Addiontally, the government has the the added pressure of reducing #nettmigration. The student visa program is a targeted area to achieve this.

With potential reductions in available employees who are student visa holders (#internationalstudents), employers and businesses will need to strategise how to supplement their workforce.

Law & Policy Changes

Introduction of a new “Genuine Student Test”

The Genuine Student Test (the “GS Test”), commenced for all applications lodged 23 March 2024. Applications lodged prior to this date will be assessed under the previous test, the “Genuine Temporary Entry” test (the “Old Test”).

The Old Test required a 300-word statement from the visa applicant as to why they should be considered a Genuine Temporary Entrant.

The GS Test instead includes specific questions aimed to provide context to the documentary evidence provided in the application. This will enable the decision maker to assess the applicant’s reasons for wanting to study in Australia.

The GS questions cover:

• Details of current circumstances, including ties to family, community, employment and economic circumstances.

• Why the applicant chose the course and why Australia is the chosen study destination. 

• How the applicant will benefit from studying the chosen course. 

• Details of the study history in Australia (if any).

• If a person is onshore and already holding a visa other than a Student visa, why they are applying for a Student visa.

• Any other relevant information

The Student visa declaration has also changed. It requires visa applicants to confirm that they:

• understand what it means to be a genuine student

• have read, understand and commit to comply with student visa conditions and to notify the Department of Home Affairs if your circumstances change.

• understand that while post-study pathways to permanent migration are available, only a limited number of graduates will be eligible. 

Increased English language requirements for student and graduate visas

The English language requirements have been raised, to improve students’ education experience and to reduce potential workplace exploitation

The test score required for a Temporary Graduate visa will increase from an International English Language Testing System (IELTS) score (or equivalent) of 6.0 to 6.5.

The test score required for a Student visa will increase from IELTS (or equivalent) 5.5 to 6.0.

The test score required for students undertaking an English Language Intensive Course for Overseas Students (ELICOS) before their main course of study will increase from IELTS (or equivalent) 4.5 to 5.0. The test score required for students undertaking university foundation or pathway programs that deliver reputable English language training will be IELTS (or equivalent) 5.5.

Increased use of “no further stay conditions” / visa conditions to reduce the number of onshore applications.

The “No Further Stay” Condition is often imposed on visitor visas to prevent visitors who, after entering Australia, to apply for a further visa while onshore. The Department of Immigration will impose these conditions more frequently on visitor visas. The aim is to support the “Genuine Student” nature of the program. If a visa applicant intends to study, this change forces them to apply for a Student Visa while offshore, and avoid entry on a visitor visa.

Establishment of an Integrity Unit to combat fraudulent VET providers

The Australian Government is introducing new measures to strengthen the integrity and quality of Australia’s education programs for international students.

A new VET Integrity Unit will be run by the Australian Skills Quality Authority (ASQA) to ensure you receive the highest quality education and training.

Education providers will be given more access to education agent data to help providers work with high-quality education agents.

Implementation of powers to suspend high-risk education providers from recruiting international students

The Education Services for Overseas Students Act 2000 (ESOS Act) has been amended to strengthen the existing ‘fit and proper’ provider test for education providers registered to deliver programs to international students.

Section 97 of the ESOS Act has come into force, giving the Government the ability to suspend high-risk education providers from recruiting international students. In the coming weeks, the highest risk providers – otherwise known as ghost colleges and visa factories – will be issued with warning notices. They’ll be given 6 months to enact improvements, or be suspended from recruiting international students.

Anticipated rise in visa refusals

With the above changes, along with the demand to reduce soaring net-migration, student visa refusals are expected to rise. Employers and businesses are encouraged to consider strategies to manage this anticipated reduced workforce pool.

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