Certain visa holders no longer able to apply for a Student (Subclass 500) Visa in Australia

On 12 June 2024, the Australian Government announced that from 1 July 2024 onward, Visitor Visa holders and Temporary Graduate (Subclass 485) Visa holders will no longer be able to apply for Student (Subclass 500) Visas onshore. This means that Visitor Visa holders and Subclass 485 Visa holders in Australia must first depart Australia before they are able to apply offshore for a Student Visa.

@inclusivemigration On 12 June 2024 the Australian Government announced that from 1 July 2024 onward, Visitor Visa holders and Temporary Graduate (Subclass 485) Visa holders will no longer be able to lodge onshore Student Visa applications to study in Australia. #migrationlawyer #immigrationlawyer #studentvisa ♬ original sound - Inclusive Migration Lawyer

@inclusivemigration We now have an update and a full list of the visa holders who cannot lodge an onshore Student Visa application from 1 July 2024 onward. #migrationlawyer #studentvisa #studyinaustralia ♬ original sound - Inclusive Migration Lawyer

While Visitor Visa holders and Subclass 485 Visa holders can still lodge valid Student (Subclass 500) Visa applications in Australia before 1 July 2024, they should be mindful that under Ministerial Direction 106, they are currently regarded as applicants who may be subject to further scrutiny when they are being assessed under the Genuine Student test. Under Direction 106, further scrutiny may be appropriate including but not limited to where -

1. information in statistical, intelligence and analysis reports on migration fraud and immigration compliance compiled by the Department indicate the need for further scrutiny;

2. the applicant or a relative of the applicant has an immigration history of reasonable concern;

3. the primary applicant for a Subclass 500 (Student) visa intends to study in a field unrelated to their previous studies or employment;

4. apparent inconsistencies in information provided by the applicant in their visa application;

5. the applicant holds a Subclass 485 (Temporary Graduate) visa, a Subclass 600 (Visitor) visa, a Subclass 601 (Electronic Travel Authority) visa or a Subclass 651 (eVisitor) visa; or

6. the applicant holds a student visa, or previously held one or more student visas.

Which types of Visitor Visa holders are excluded from lodging onshore Student Visa applications from 1 July 2024?

The Australian Government has not yet released details or made the necessary legislative or regulatory changes to specify the types of Visitor Visas that will be affected by this upcoming change, and the exact requirements remain to be seen. Nonetheless, given that Ministerial Direction 106 identifies Visitor (Subclass 600) Visa holders, Electronic Travel Authority (Subclass 601) Visa holders and eVisitor (Subclass 651) Visa holders as being amongst the cohort of Student Visa applicants which may be subject to further scrutiny, it appears likely that all of these Visitor Visa holders would be excluded from lodging onshore Student Visa applications from 1 July 2024 onward.

UPDATE: The Department of Home Affairs has now clarified that from 1 July 2024, the following visa holders will not be able to apply for a Student Visa onshore:

• 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)

To discuss your eligibility for a Student Visa or how to address the genuine student requirement in your Student Visa application, please email info@inclusivemigration.com.au or submit an enquiry using the contact form on our website.