Answers to Questions from Agents Education Agent Briefings in Beijing, Shanghai, Guangzhou and Chengdu June 2012 Important Note: "This information below seeks to answer a range of questions that agents in China have asked in recent months about Student visa issues. While the Department of Immigration and Citizenship (DIAC) hopes that this information will be of assistance, agents should still refer to the relevant Australian legislation and policy as their primary source of information on Student visa requirements." Streamlined visa processing (general questions) 1. If a student meets the streamline processing requirements, does he/she still need to provide financial evidence? For the purposes of lodging a visa application, no. Universities need to be satisfied regarding a client's financial capacity, and each university would have their own requirements for applicants in this regard. If the universities issue clients an ecoe, then the client would not then need to provide the evidence to the department, unless specifically asked by the decision maker. 2. If a student meets the streamline processing requirements, and wishes to take their dependants to Australia, will they need to provide extra financial evidence to show his/her ability of supporting the dependants' lives in Australia? No. Family unit members of eligible higher education students or eligible university exchange students (exempt from the AL framework) are not required to provide financial evidence regardless of whether they applied for their visa at the same time as the student or not. Rather, students eligible for streamlining must declare that they will have, for the duration of their visa, sufficient funds to support each member of their family unit, regardless of whether the family unit member is in or outside Australia when the student is granted their visa and whether the family unit member will be accompanying the student or not. This only applies to dependants who are applying to enter Australia as the family member of the primary student visa holder. 1
3. Will the new streamline processing policy apply to exchange students? Yes. Streamlining visa processing is available to applicants who are enrolled in 2 plus 2 (or 3 plus 1) arrangements with partner universities; and semester or year-long non-award courses at a university in Australia as part of their home university s degree course and/or as part of an agreed student exchange between universities. This in addition to applicants enrolled in Bachelor degrees, Masters Degrees by coursework, Masters Degrees by research and Doctoral degrees. Streamlining is also available to students enrolling in English Language Intensive Courses for Overseas Students (ELICOS) and/or foundation and other preparatory courses, including Vocational Education and Training (VET) courses, which are explicitly packaged with an eligible university course at the time when the offer of enrolment is made. 4. Often in China, applicants had not yet obtained their high school graduation certificate to align with Australian course start dates. Would a Year 12 student, wishing to enrol in time for Australian university term commencement, have to submit his/her graduation certificate to the immigration office? Would it be possible for applicants to enrol in streamline-eligible courses without evidence that they had completed their Year 12 studies successfully? The responsibility to ensure that applicants have appropriate educational qualifications to undertake their proposed course of study falls to prospective education providers. Qualification certificates are not a visa requirement. This question goes to issues around individual university eligibility requirements and is not in itself related to visa requirements. We would think, however, that universities would require evidence of the appropriate qualification in the form of a graduation certificate, to be satisfied that the applicant had successfully completed their course. 5. Students applying for Streamlined Visa Processing are only required to sign the declaration form to meet the financial requirement. How can the immigration officer be able to distinguish students with genuine study purposes? If there are any concerns about the application, will a student need to submit a deposit certificate? DIAC understands that some universities have agreements with agents to do some of this integrity checking on their behalf. This is an arrangement between universities and agents, not between universities and DIAC. Applicants for Streamlined Visa Processing must meet the Genuine Temporary Entrant requirement. Decision makers have discretion to request further evidence if necessary. 2
Streamlined visa processing (evisa Issues) 1. The Streamlined Visa Processing checklist is not updated on evisa system for agents to check. Would we be able to find any updated checklist in accordance to the changes? The checklist leading into the evisa pages is up to date and should be used, rather than the checklist in the evisa system itself. We understand the frustration and confusion this is causing agents, and the China Visa Offices will continue to follow this up with the department s National Office. The streamlined visa processing checklist is available at the following link on the department s website: http://www.immi.gov.au/students/checklists/. Work is continuing to resolve this issue. However as it involves a significant systems change it cannot be implemented quickly. In the interim we will be updating website information and checklists to clearly advise streamlined applicants to use the streamlined checklists available from the department s website. 2. If a student visa can be granted 4 months beforehand, does it mean the student can fly to Australia 4 months beforehand as well? Yes, although the student would not have work rights until their course commences. Students should also be aware that on-campus accommodation may be hard to source, given that often on-campus accommodation only starts with the commencement of studies. It is important to note that unaccompanied student visa holders under the age of 18 must not enter Australia until welfare arrangements have commenced. 3. The current evisa website only allows the agent to lodge application 124 days ahead of commencement date of the school. Is possible to make it more far ahead than 124 days? Clients in this situation should be lodging paper applications (which are also eligible for streamlining). It is a policy requirement that these applications not be lodged before 124 days on the evisa system. Grant of the extra time is not automatic: decision makers onshore will need to be satisfied that the applicant meets legislative requirements for grant of the visa. 4. Why can students not lodge a student visa application more than four months in advance of the course start date? These applications receive close scrutiny from decision makers. Generally, applicants who are eligible to make an online application must do so within the 124 days before their course commences. There is no time restriction on lodgement of paper applications by post or in person. Applications made more than 124 days are carefully assessed and may be refused if it appears an applicant is lodging far in advance of the commencement of a course to enter Australia for reasons other than those related to their study. 3
5. A Bachelor s student wants to extend a visa onshore for Master degree. The visa officer requested him to provide 3 months of financial savings. Isn't he eligible for Streamlined Visa Processing? The applicant is eligible for streamlined visa processing if undertaking an eligible course at a participating education provider. The English language and educational qualification requirements rely upon the satisfaction of the education provider. In the great majority of cases, financial requirements may be satisfied by a declaration made by the applicant. However the decision maker has discretion to request further information if required. If agents have questions about a specific processing issue concerning a client s case they should contact the Adelaide Offshore Student Processing Centre via the email: estudents.adelaide@immi.gov.au (evisa) or offshore.student.processing.adelaide@immi.gov.au (paper applications). 6. If a student is eligible for Streamlined Visa Processing arrangements and the student meets the requirements of the education provider, would the student still have to meet any other requirements from DIAC at all? Yes. The student will still need to meet the Genuine Temporary Entrant requirement, as well as the relevant public interest criteria as they relate to health, character and security. The department reserves the right to request further information from the applicant to be satisfied that they meet these requirements. Further advice required 1. A student is generally allowed to take ELICOS course for up to 50 weeks. Is it possible to extend that limit? As some student may need to re-study the language course many times to pass the test. The maximum periods of ELICOS study allowed to be undertaken by international students vary depending on the education sectors (Student visa subclasses) and the Assessment Levels (ALs). While there are no limits of ELICOS study for AL1 and AL2 applicants, those subject to AL3 or above must not exceed the maximum periods of ELICOS study specified in the legislation (see Schedule 5A and Schedule 2 (Reg. 57x.234)). The specified limits cannot be extended. However, limits of ELICOS study do not apply to international students who are eligible for the streamlined visa processing arrangements (students with a Confirmation of Enrolment from a participating university at Bachelor, Masters or Doctoral degree). 2. For a student under 18 years old who has a legal guardian in Australia, the education provider is not issuing CAAW form. The evisa system, however, still requests the form. What is the solution? DIAC policy is that Student visa holders under the age of 18 and in Australia will only be able to lodge their application online if their welfare arrangements are approved by their education provider. Only student visa applicants who have a CAAW form can apply via evisa. Students who have a legal guardian in Australia will not be able to apply online. Students who 4
do not have a CAAW form are able to apply by paper. This is to ensure that welfare arrangements that are not formally arranged by education providers are checked by the department. 3. A student under 18 years old has signed up for a language and main course. There is a one month gap on the CAAW. Neither of the two schools is willing to extend the welfare coverage period, but the visa officer requests the document. Does the student have to return to China? Student visa applicants who are onshore, and who hold a valid student visa at the time of application, must have welfare arrangements currently in place. The student cannot remain in Australia without welfare arrangements. Therefore, in the scenario described above, the visa can only be granted for the length of the first CAAW plus seven days. If the student wishes to stay between these two courses, welfare arrangements must be in place. 4. Are there any plans to extend streamlined visa processing to other sectors, including the Schools sector? The Department recognises that high-quality, low-risk education providers operate across all education sectors, including the Schools sector. Extending the streamlined visa processing arrangements currently available to universities has been one approach considered under the Review of the Student Visa Assessment Level Framework. It is expected that the Department will report the Review s findings to Government in mid-2012. 5. If a student finished a one year Master Degree, went back to China and then returned to Australia and finished another one year Master Degree, would the student be eligible for a Post Study Work visa? Is there any requirement regarding the period between qualifications for applicants to meet the 2 year study requirement? The new post-study work arrangements will be available to graduates who complete their qualifications and meet the Australian study requirement. Please be aware that the legislation that sets out the particular eligibility requirements for the new poststudy work arrangements is still being developed. It is expected that, for the purposes of the new arrangements, the Australian study requirement will operate largely as it currently does for the Temporary Skilled Graduate (subclass 485) visa. As it currently operates, where an applicant seeks to satisfy the Australian study requirement as a result of more than one course, the courses of study need not have been undertaken within a 24 month period. It is possible to have a break between completing the first course and commencing the second. 5
Student Visas General Questions 1. Chinese student visa holders can travel to Australia label free but does a student have to get evidence of the visa once arrive in Australia? No. Clients and employers can apply for access to system which allows them to check work rights; providers can check permission to study online too. Visa evidencing onshore is not required. 2. Where can non Chinese nationals apply for student visas and what forms should they submit? Most third country nationals applications in China are processed in Australian missions in Beijing, Shanghai and Guangzhou. The current Assessment Level (AL) system depends on the citizenship of applicants and the proposed sector of study (not where they apply). AL1 applicants can lodge online. All other non-chinese applicants residing in China who are AL2 to AL4 must apply by paper at the nearest office of the department within China. For information on contact details for the department s offices in China, applicants can check the department s website at www.immi.gov.au/contacts/overseas/c/. 3. If a student holds Hong Kong ID with yellow travel document but he is not holding a Hong Kong blue passport, where can they lodge their application? Hong Kong Document of Identity holders (assuming these are the same as yellow travel document holders ) are able to apply for a Student visa at the nearest office of the department. They are not able to lodge online. They are, however, still assessed according to the AL for Hong Kong nationals, which is currently AL1 across the board (as at July 2012). A client with a Hong Kong Document of Identity who is resident in China should lodge their paper Student visa application at the Australian Embassy in Beijing. 4. If a student s aunt (on the father side) wants to be the financial supporter for the student, what certificates should a student provide? A Subclass 573 applicant eligible for Streamlined Visa Processing does not have to have a financial sponsor and there is no certificates required as a part of the visa application process, other than the usual custody and guardianship documents required for minor children applicants. Other applicants subject to Assessment Levels 3 and 4 must demonstrate that financial support comes from a specific person/relation, and evidence of relationship may be required. The evidence of relationship provided will depend on nationality of client and country of residence. For China, this will usually be a Hukou (household registration), but may also include a series of birth certificates. Applicants need to show family relationship between applicant and their sponsor as per the Regulations (ie. for an uncle, applicants can't just show relationship to client's father, but also need to demonstrate relationship between client and father -- in other words, the whole chain). 6
5. Can all student visa holders can work in Australia and can they all work full time? Student visa holders cannot work more than 40 hours per fortnight once their course has commenced, other than work which has been registered as a part of the course. However, there are no work limitations once the course is out of session. Please note that no work limitations apply if the applicant has commenced a Masters-byresearch or Doctorate course in Australia. As for family members, they are restricted to 40 hours of work per fortnight once the student has commenced their course of study. The only exception is dependants of students who have commenced a Masters or Doctoral degree. These dependants have unlimited work rights. 6. A year 11 student, who was yet to obtain their final graduation certificate, could not be enrolled in a university course in Australia (and therefore wouldn't be eligible for a Subclass 573 visa), whereas they could be if they applied in other countries. Why is this the case? This question goes beyond visa requirements. 7. A year 9 student in China will normally receive his /her graduation certificate at the end of June or after, which means that if the student lodges his/her 571 application in an attempt to enrol in time for Australian term start, he/she will not be able to submit high school graduation certificate to the immigration officer. Can the student actually lodge the 571 without the graduation certificate? This question goes towards specific detail around visa criteria unrelated to the recent Knight Review changes. However, it is not possible to be granted a visa without the certificate. Subclass 571 applicants are not eligible for streamlined visa processing. Schedule 5A requirements for Subclass 571 students at AL4 level require an applicant to provide evidence that the applicant has successfully completed secondary schooling to at least Year 9 level. 8. For junior 3 students, if they choose to go to Australia early before the course commencement in July, they need to lodge a/n in May or June. At that time, school could not issue completion statement. Visa applications require student to provide graduation or completion certificate. What action should we take? See above. 9. A Subclass 572 student was studying in Melbourne undertaking language studies as well Certificate III and IV courses. Due to better job prospects and other reasons he decided to move to Sydney and quit his study at Melbourne. The Melbourne school did not allow this student to quit and thus did not issue a release letter to him. The student left anyway. He paid the tuition fee and started a new term in the Sydney school. The school could not issue new ecoe and thus this student returned to the Melbourne school for the letter requested for visa renewal. However, the old ecoe in the Melbourne school was cancelled already. What action can this student take to continue with his study? This question goes beyond visa application requirements. It is not possible to answer the question without knowing the full details and circumstances of the case. 7
Clients who are experiencing problems with education providers should contact Australia Education International s Tuition Protection Service for advice (see: https://tps.gov.au/information/students/how). It is a condition of student visas that visa holders maintain enrolment in a course of study. Clients who have concerns or questions about their visa should approach their nearest DIAC office for further advice. 10. Should agents accept student applicants who have previously failed courses? I am concerned they would not meet the Genuine Temporary Entrant requirement. The GTE requirement explicitly addresses whether the individual circumstances of an applicant indicate that their intention is for a temporary stay in Australia. Factors that the department considers as part of the GTE requirement include: - circumstances in the applicant s home country; - the applicant s potential circumstances in Australia; - the applicant s immigration history; - the value of the course to the applicant s future; and - any other matter relevant to the applicant s intention to stay temporarily. Consideration of an applicant having previously failed courses may occur when looking at the applicant s potential circumstances in Australia, for example whether the applicant may be using the Student visa for maintaining residence in Australia. However it is important to note that findings are not made on the basis of one of these factors alone. All of an applicant's personal circumstances must be weighed up. For this reason, some applicants who have previously failed courses may satisfy the GTE requirement, while others may not. 11. Is there a possibility to have a recognised clinic in Chongqing area for applicants to have health check? It is difficult to travel to Chengdu only to do this. While the department regularly reviews its availability of panel doctors in China., there are currently no plans to list a panel doctor in Chongqing. Post Study Work arrangements 1. Does the new policy regarding Post Study Work visa after graduation only apply to students who lodged an application after 5 November 2011? Is it possible to extend the policy to students who lodged just a few days earlier? The new post-study work arrangements are due to come into effect in early 2013, so the legislation that sets out the particular eligibility requirements is still being developed. More details on the new post-study work visa arrangements will be released as they are developed and information will be updated on the Department of Immigration and Citizenship s website. 2. In relation to Post Study Work visa, there is a two year requirement for applying for this visa. What does this mean? 8
New post-study work arrangements will be available to graduates who complete their qualifications and meet the Australian study requirement. For the purposes of the new arrangements, the Australian study requirement will operate largely as it currently does for the Temporary Skilled Graduate (subclass 485) visa. The Australian study requirement is defined as study in Australia in a course registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) for a period of at least 2 academic years (92 weeks). The course itself should be conducted in English and should be completed in no less than 16 calendar months. 3. If a Bachelor degree graduate will be eligible to obtain a two-year work visa in Australia, what will happen to a student who has studied only one year in Australia? Will he/she be able to have an equivalent work visa in Australia of a lesser length? No. To be eligible for the new post-study work arrangements, applicants will need to complete their qualification and satisfy the two year Australian study requirement. 4. Does a student have to lodge a Post Study Work visa immediately after completing the course or is there no timeframe for this? For example, if a student studied in Australia and went back to his/her home country and then applied for a Post Study Work visa within five years after the completion of the course, would the student qualify? It is expected that applicants will need to have completed their qualification in the six months immediately prior to applying for the new post-study work arrangements. 5. Would an applicant who completed a one year's Masters course and then another one year's Master's course be eligible for a Post Study Work visa? 6. Regarding the Post Study Work visa, if a student studies a Graduate Certificate (6 months) and a Master degree, would the student qualify? 7. Is a student with one 1 year of Bachelor study and a further year of Masters study eligible for the Post Study Work visa? For questions 5, 6 and 7 The legislation that sets out the particular eligibility requirements for the new post-study work arrangements is still being developed. Further information about the eligible study arrangements will be posted on the Department's website as it becomes available 8. What if the student finished their Bachelor s study in Australia for one year, and then returned to China for half a year, and then he came back to finish one year Master s Course? The legislation that sets out the particular eligibility requirements for the new poststudy work arrangements is still being developed. It is expected that it will be possible for applicants to have some overseas experience, provided that they can still satisfy the Australian study requirement with a course having been completed in the six months prior to lodging an application. 9
The Australian study requirement is defined as study in Australia in a course registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) for a period of at least 2 academic years (92 weeks). The course itself should be conducted in English and should be completed in no less than 16 calendar months. 9. Can a student study one course and then qualify for additional courses? The legislation that sets out the particular eligibility requirements for the new poststudy work arrangements is still being developed. Further information about the eligible study arrangements will be posted on the Department's website as it becomes available 10. Does a student need a sponsor or employer to be able to lodge a Post Study Work visa? No. Also, the new post-study work arrangements are not linked to skilled migration. Graduates will not be required to work in an occupation that is related to their field of study. 11. After the implementation of the Post Study Work visa, would students have to meet the English proficiency requirement? Yes. Applicants will need to demonstrate that they meet the English language requirement, which will be competent English. Competent English is a minimum score of 6 in each of the four components of the International English Language Testing System (IELTS) test or the equivalent score in another English language test that may be specified by the Minister for Immigration and Citizenship. 12. If students need to demonstrate their English proficiency by taking IELTS, would it be IELTS Academic or IELTS General? It is expected that applicants will need to demonstrate their English proficiency by submitting the results of an IELTS General test. 13. Post Study Work visa will be implemented in 2013 and the details of PSW have not been worked out yet. Does it mean there would still be changes on PSW arrangements? Therefore, I cannot tell my students if they apply for a student visa and study 2 years, they will qualify for a PSW visa. Correct. The legislation that sets out the particular eligibility requirements for the new post-study work arrangements is still being developed and will be subject to the Governor-General of Australia s assent. Furthermore, it is also worth noting that agents should not be guaranteeing any particular visa outcomes or visa pathways to clients (including access to post-study work arrangements or Skilled Migration) as visa requirements are subject to change without notice. Students should select their courses based on the educational outcome, not their potential eligibility for other visas. 10