Australian student visa new rules for 2024 | MJ Legal

Student visa new rules - 2024

Amasha
May 29

To ensure the sustainability and integrity of its student visa program, the Australian government has introduced several significant changes in 2024. These updates are designed to improve the overall student experience, ensure student’s welfare and enhance their contributions to the Australia community. The changes that have been implemented are follows:

1. Introduction of the new Genuine Student Test

2. Changes to the financial requirement

3. Increased visa application fee

4. Updated visa conditions

5. New English language requirements

6. Restriction on visa transfers

This blog will analyze all the changes that the student visa has recently undergone in Australia.

Introduction of the Genuine Student Test (GST)

Starting from 23 March 2024, the Genuine Temporary Entrant (GTE) requirement was replaced by the Genuine Student Test (GST). This shift marks a significant change in how student visa applications are assessed. This change aims to focus more on the genuineness of the student’s intention to study in Australia and their potential contributions to the Australian community rather than their intention to return to their home country upon completion of their studies.

Under the GST, the applicants must address five main questions that the Department of Home Affairs considers when reviewing student visa applications. These questions emphasize the applicant’s current circumstances, such as ties to family, community, employment, and economic conditions. Additionally, applicants need to explain their reasons for choosing to study in Australia and at their selected educational institution, the benefits of the course to their future, and other relevant information like their immigration history. How well the applicant will be able to contribute to both the Australian and international communities upon completing their studies is also considered.

If you are applying with dependents, the new rules require that the dependents also demonstrate their genuine intention to accompany the student visa holder by satisfying the genuine student dependent criteria. It’s important for all applicants to not only meet the GST requirements but also provide solid evidence of their genuine interest and commitment to studying in Australia.

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Changes to the financial requirement

As of 10 May 2024, the financial requirements for student visa applicants have increased. The goal behind this change is to ensure that students have sufficient funds to support themselves in Australia, reducing the likelihood of financial distress and the risk of breaching visa conditions by working excessive hours to earn the funds. These changes are designed to ensure that students can focus on their studies without financial pressures and are less vulnerable to exploitation in the workplace.

The new minimum required funds to meet the financial capacity requirement are as follows:

Primary applicant: AUD 29,710

Spouse/ De facto partner: AUD 10,394

Dependent child: AUD 4,449

Increased visa application fee

With the new financial year 2024-2025 the student visa application fee has been increased. The current visa application fee for the primary applicant is AUD 1,600. An Additional applicant who is above 18+ years will have to pay an application fee of AUD 1,190. Any other applicant who is under 18 years of age will have an application fee of AUD 390. 

Updated visa conditions

Two new visa conditions, 8534 and 8535, have been introduced to place restrictions on student visa holders. These conditions limit the ability to apply for most other visas while in Australia.

Condition 8534: If this condition is on your student visa you cannot apply for most new substantive visas such as partner visa or visitor visa, while you are in Australia. You can still apply for a subclass 485 (temporary graduate) visa, a subclass 690 (student guardian) visa or a protection visa.

Condition 8535- This condition is mandatory for students sponsored by the Department of Foreign Affairs and Trade or the Department of Defence. If this condition applies to you, you can only apply for a new subclass 500 visa with commonwealth or foreign government support, or a protection visa.

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New English language requirements

Effective from 23 March 2024, the minimum English proficiency scores required for student visas have been raised. The minimum IELTS test score needed for a student visa has increased from 5.5 to 6.0 (or its equivalent). For students intending to undertake a packaged English Language Intensive Courses for overseas students (ELICOS), the minimum IELTS score has increased from 4.5 to 5.0. For those planning to pursue university foundation or pathway programs that deliver reputable English language training, the required score is now IELTS 5.5 (or its equivalent).

In terms of equivalent scores, the applicants need to achieve at least 50 in each of the four components of the Pearson Test of English Academic (PTE). From 12 February 2024, only results from the paper – based Cambridge C1 Advanced test will be accepted for Australian visas. It is crucial for applicants to note that they must have taken their English Test within two years before making the student visa application.

Restrictions on visa transfers

from the 1st of July 2024 the government has impose restrictions on many visa holders from transferring back to student visas while onshore. This decision is a result of the commitment announced by the Migration Strategy released in December 2023.

Previously the following visa holders couldn't apply for a student visa:

  • 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

The government has now added more visa subclasses where a transition to a student visa is limited. They include:

  • Subclass 485 (Temporary Graduate)
  •  Subclass 600 (Visitor)
  •  Subclass 601 (Electronic Travel Authority)
  •  Subclass 602 (Medical Treatment)
  •  Subclass 651 (eVisitor)
  •  Subclass 988 (Maritime Crew)

Conclusion

These 2024 changes to Australian student visa policies reflect the government’s commitment to maintaining the integrity and quality of its education system. By implementing the Genuine Student Test, increasing financial requirements, updating visa conditions, and raising English language standards, Australia aims to ensure that international students are genuinely committed to their studies and are well-prepared for the challenges of living and studying abroad.

These changes are important for both prospective and current students. Being informed about these changes will enhance your chances of a successful visa application and make the most of your educational experience in Australia.

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