Major Changes to Australian International Student Visas

More Work Rights – Less Automatic Visa Cancellations

The overseas student sector of Australian education is one of Australia’s largest export sectors, worth AUD 16.4 billion dollars in 2010-11. The benefits this sector provides to Australia are enormous, contributing a large source of income to Australian education institutions and local communities from money spent on accommodation and other living costs by overseas students who have been granted a student visa.

In recognition of the importance of international students to businesses and local communities the Australian government will be implementing the recommendations of the Knight Review (www.immigov.au/students/knight/) to enable Australian Educational institutions to remain competitive in the international market.

The earliest changes will commence on 5 November 2011, under stage 1 of the Knight Review changes. A significant benefit to many international students will be a reduction in the financial requirements that must be established making education in Australia far more accessible for overseas students from higher risk countries such as India, Bangladesh and China, to be granted a student visa.

For internationals students in Australia that graduate in bachelors, masters and PhD courses form Australian universities, the Australian immigration department also plans to create a 4 year post graduation working visa pathway which, should give international students meaningful opportunities to obtain employment and develop Australian permanent residence pathways also.

Plans by the government to enable university graduates in under a student visa access to a post-study work visa that will allow them to remain and work in Australia for up to four years after graduation, More flexible work entitlements are also proposed which will permit to work up to 40 hours per fortnight as opposed to the current 20 hours a week limitation

Another beneficial proposed change is the abolishment of automatic visa cancellation. This represents a significant change in the Australian government’s attitude towards, and treatment of, international students in Australia. As previously commented on, the automatic cancellation process of student visa for international students in Australia is unfair and draconian. This change is expected to be implemented early 2012 and is welcomed.

The Australian newspaper, The Daily Telegraph, recently reported that over 15,000 Australian international student visas were cancelled last year alone and over 3,000 international students in Australia currently face deportation. Many international students are also returning to Australia after holidays abroad only to find out that their student visa was cancelled without notice while out of the country. These students are denied entry to Australia and sent back to their country of origin.

If an international student has their Australian visa cancelled the consequences include potential detention, deportation, loss of work rights, denial of further study in their degree programmes and loss of Australian permanent residence and citizenship pathways.

If your student visa is at risk of cancellation, or you require Australian immigration information or assistance related to your study in Australia please contact either Stewart Coulson or Ray Turner  by phoning +61 (0)2 9264 4654 or emailing us at info@tcilawyers.com.au

This article should not be taken as legal advice and cannot be relied upon as a complete or accurate representation of the law. It is meant to be indicative only and should be seen as a general informative guide.