Changes to requirements for onshore Student visa applications

Previously, persons applying for a Student (Subclass 500) visa in Australia were able to provide letters of offer from an Australian educational institution at the time of application, as an alternative to a Confirmation of Enrolment (COE).

On the other hand, the Migration (Evidence of Intended Course of Study for Student Visa Applications) Specification 2024 (LIN 24/109) legislative instrument was made on 19 December 2024, changing the way onshore Student visa applicants can now provide evidence of an intended course of study in Australia.

From 1 January 2025 onward, letters of offer will no longer be accepted as evidence of enrolment in a CRICOS-registered course for onshore Student (Subclass 500) visa applications. This means that all Student visa applicants, whether applying onshore or offshore, must now provide a CoE when lodging their Student visa application. Not providing a CoE at the time of application will render a Student visa application invalid, and onshore Student visa applicants who lodge an invalid Student visa application will not be eligible for the grant of a bridging visa.

@inclusivemigration Have you heard of these changes to the Student visa? This is general information only and does not constitute legal advice. #studentvisa #studyinaustralia #immigrationlawyer #migrationlawyer ♬ original sound - Inclusive Migration Lawyer

According to the Department of Home Affairs, this change will align the requirements to provide evidence of an intended course of study for both onshore and offshore Student visa applications, as providing a CoE at time of visa application demonstrates a stronger commitment by the student to study at that institution, and will thereby increase certainty for Australia’s international education sector.

All Student visa applicants are reminded to provide evidence of their satisfaction of the new Genuine Student test, which replaced its predecessor - the Genuine Temporary Entrant (GTE) requirement (which previously required that Student Visa Applicants demonstrate their genuine intention to remain in Australia temporarily). Under the new Genuine Student Test, the Department will now assess whether a Student Visa Applicant is a genuine student in Australia, as opposed to someone who is utilising the Student Visa Programme to maintain residence in Australia for other inconsistent purposes (e.g. for the primary purpose of working).

Additionally, persons who intend to lodge an onshore Student visa application are reminded that from 1 July 2024 onward, certain temporary visa holders are no longer able to apply for a Student visa in Australia.

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

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