Brief analysis on upcoming student visa (SSVF) post July 2016
Recently the Department of Immigration and Border Protection (DIBP) announced they would be making changes in student visas. Previously, there used to be 8 subclasses where as with the changes now there will be only 2-visa subclass – the student visa (subclass 500) and student guardian visa (subclass 590). This is called Simplified Student Visa Framework (SSVF). These changes will not affect current student visa holders and is only effective for applications made from 1 July 2016.
Dropping the number of student visa subclasses to just one equates to there being only one set of eligibility criterion and regulations to contend with. Before, DIBP used to assess every country by their assessment levels and applicant had to provide documents on the basis of passport hold. But now with no assessment levels, a passport holder with higher assessment level like Nepal will be assessed at similar level with a passport holder from any other low risk country.
This new single immigration risk framework combines ‘country immigration risk’ with ‘education provider’ immigration risk to determine if a visa applicant needs to provide evidence of financial soundness and meeting a certain English language proficiency, which means that in certain cases, a proof of enrolment (certificate of enrolment (COE)) could determine whether you need further evidence or not.
The requirements, for a student subclass 500 visa are:
Enrolment in a Registered Course (COE)
You need to submit a Confirmation of Enrolment (COE) in a registered course (CRICOS: Commonwealth Registered Courses for Overseas Students) for your application.
Genuine Temporary Entrant (GTE) Requirement
Nothing has been changed in this requirement. The Genuine Temporary Entrant Requirement (GTE) is Australia suggests that it want to make sure you aren’t taking on a student visa in attempt to stay longer in Australia. GTE will still be used as a screening tool to refuse student visas if the DIBP think your intentions are not right.
Changing Course
There will be a new condition on the SSVF where, in the event of a change in course, visa holders are required to maintain enrolment at the same level or a higher Australian Qualification Framework (AQF) level for which they were granted a visa, unless moving from a doctoral to a master’s degree, or must otherwise apply for a new visa to complete the change. Disregarding this rule might result in your visa being cancelled.
Financial capacity requirement
Needless to say you / your family needs to be well capable of funding not just your course fees but also your stay in Australia. Despite the elimination of assessment levels, the DIBP will still decide (based on your citizenship and education provider) if they want to request for evidence that your study and stay will be properly financed. This can be in the form of bank statements or a minimum annual income of $60K in Australian dollars and must show that the funds are actually available for use by the visa applicant (e.g. relationship to funds holder, previous visa history). Read more.
Come 1 July 2016, there will be a functional online tool available that will ‘pre-assess’ you to determine if you will need to provide any additional evidence, so that you can make a decision ready application. This tool to be accessible both prior and during your online application process.
English Language Requirement
While there are no more assessment levels, the DIBP retains discretion to request for documents that evidence your meeting a minimum competency in English depending on the passport you hold and on your education provider. Read more.
Health and Character Requirement
All international students have to be of good character and must hold Overseas Student Health Cover (OSHC) for a successful visa grant.
Student guardian visa (Subclass 590)
The student guardian visa only require the applicant to be able to support themselves, the nominated student and any secondary applicants. Unlike the student visa, there are no assessment levels or immigration risk framework what will apply. Financial capability has to be evidenced by an available income of $70K or more or evidence showing funds that will suffice to cover all necessary costs (travel plus 12 months living for all parties).
There are bits of this new system that sounds promising but also slightly convoluted. Come 1 July, we’ll definitely be checking out the online tool that is to become fully functional to see how it works. In the meantime we will be sure to provide you with any further updates that go live.
Source:
http://www.border.gov.au/Trav/Stud/student-visas-1july2016
http://www.border.gov.au/Trav/Stud/Stud
http://www.border.gov.au/Trav/Stud/changes-financial-requirements
http://http://www.border.gov.au/Trav/Stud/info-education-providers
http://http://www.border.gov.au/Trav/Stud/changes-english-requirements