New rules to stop visa hopping students

Foreigners wanting to study in Australia face new barriers to stay in the country after the federal government introduced changes to stop people from visa hopping.

As of July 1, people in Australia on a visitor or temporary graduate visa can no longer apply for a student visa while they are in the country.

People with a “genuine intention” to study in Australia will need to go offshore to apply for a student visa and would not be able to re-enter the country until their application is approved.

The federal government implemented the changes to respond to what it called a “trend of permanent temporariness.”

It occurs when people who do not meet the criteria for permanent residency in Australia so they extend their stay through multiple visa applications.

Australia’s Migration Strategy noted the number of international students staying in Australia on a second, or subsequent student visa had grown more than 30 per cent to over 150,000 people in 2022–23.

The visitor to student pathway has become increasingly prevalent, with the more than 36,000 applications submitted between July 2023 and May 2024.

Last year, the Grattan Institute reported that one in three international students returned to further study in cheaper vocational courses to prolong their stay in Australia.

The report stated the government had identified a growing number of permanently temporary visa holders in Australia as a problem, which included people on graduate visas.

Home Affairs Minister Clare O’Neil said they needed to avoid policies and conditions that created permanent temporariness.

“This means clearer pathways for the skilled workers we need, and clarity for the migrants that have less of a prospect of becoming a permanent resident,” she said.

Australia’s Migration Strategy noted the numbers of international students staying in Australia on a second, or subsequent student visa had grown more than 30 per cent to over 150,000 people in 2022–23.

Australian demographer Peter McDonald said by accepting fewer visa applications from people already in the country would better manage population growth than cuts to the permanent migration intake.

The minister said they had inherited a completely broken migration system.

“Our goal is to build a smaller, better planned, more strategic migration system that works for Australia,” she said.

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

“We need a migration system which delivers the skills we need, but doesn’t trade in rorts, loopholes and exploitation.”