New Genuine Study Test for Student Visa Holders

The government is dedicated to enhancing the quality and reliability of Australia’s international education system and ensuring that students are genuinely in Australia primarily for educational purposes.

The Subclass 500 (Student) visa permits international students (along with their family members) to enter, study, and work in Australia for the duration of the primary visa holder’s studies.

Previously, obtaining a Subclass 500 visa required applicants to demonstrate a genuine intention to stay temporarily in Australia. However, this requirement caused confusion and potentially discouraged future permanent migration to Australia, as many international students aspire to seek permanent residence after completing their studies.

Given that the migration program allows some student visa holders to pursue a pathway to permanent residency upon completing their studies to address skills shortages, this requirement is no longer deemed appropriate. The Migration Amendment (Subclass 500 Visa) Regulations 2024 removes the necessity for Subclass 500 visa applicants to demonstrate a genuine intention to stay temporarily in Australia while maintaining the requirement that the primary applicant must genuinely be a student.

Under this amendment, factors previously considered for assessing the genuine temporary stay requirement will now be directly assessed regarding the applicant’s intention to stay in Australia as a student, focusing on their genuine intent to study in the country. This change aims to deter non-genuine applicants seeking entry for purposes other than study.

The decision-maker will evaluate various factors, including the applicant’s circumstances, immigration history, compliance with visa conditions, and other relevant matters, to determine if the applicant is genuinely a student or, for family members, a genuine applicant for entry and stay as a family member of a student visa holder. These amendments align with the government’s commitment to enhancing students’ educational and employment outcomes, addressing skills shortages in critical industries, and ensuring that students are genuinely in Australia primarily to complete their studies.

Written by Ross Ahmadzai

20 Mar, 2024

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