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Restricting Visa Hopping for Students and other Temporary Visa holders

On 13 July 2024, as part of the “Migration Strategy” the Australian government has earmarked further changes to the migration system. It is making it more difficult what it calls “visa hopping”. This term refers to individuals repeatedly applying for short-term visas to stay in Australia indefinitely without a clear pathway to citizenship or residency.


student visa and visitor visas
Changes to temporary visa holders in Australia

Changes


Under the new system, applicants who hold certain temporary visas will not be allowed to apply for a student visa while in Australia. Instead, visa applicants who want to apply for a student visa will have to apply while outside Australia.


This measure aims to discourage individuals from exploiting temporary visas to circumvent our immigration laws. As Minister for Home Affairs Clare O’Neil stated:


Our Migration Strategy outlines a clear plan to close the loopholes in international education and this is the next step in delivering that plan.


Temporary visas


From 1 July 2024, in addition to existing visas from which it is already not possible to apply for a student visa onshore, the complete list of visa holders that will be unable to apply for a

student visa onshore are:


  • Subclass 485 (Temporary Graduate)

  • Subclass 600 (Visitor)

  • Subclass 601 (Electronic Travel Authority)

  • Subclass 602 (Medical Treatment)

  • Subclass 651 (eVisitor)

  • Subclass 771 (Transit)

  • Subclass 988 (Maritime Crew)

  • Subclass 995 (Diplomatic Temporary) – primary visa holders only

  • Subclass 403 (Temporary Work) International Relations)) – Domestic Worker (Diplomatic or Consular) stream

  • Subclass 426 (Domestic Worker (Temporary) – Diplomatic or Consular)


These changes, among other things, aim to reduce overseas migration to the country and put into place a migration system that delivers the skills that Australia needs but does not trade loopholes and exploitation. Ad Minister O'Neil stated Australia needs "a migration system which delivers the skills we need, but doesn't trade in rorts, loopholes and exploitation".


Do you require further assistance


If you have further questions about the above, or have any other immigration related query, please get in touch with our experienced team. Contact us by email at hello@canberramigrationservices.com.au or by phone at +61451757287.


This article does not constitute legal advice or create an attorney-client relationship. Please consult an immigration professional for up-to-date information.

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