Changes in policy regarding student visa to Australia
In November 2011, the Australian government passed an amendment that changed the method of evaluating student visa applications. Before that, any applicant who wanted to study in Australia had to convince the authorities that he/she was indeed a true student, proficient in English, financially stable, and sincere in his/her desire to study in a certain field. This process was not reliable in checking an applicant’s capability as a temporary alien under a student visa.
Australian law requires the authorities to confirm that the applicant intends to stay in Australia temporarily by looking at the personal circumstances of the applicant, his/her history of immigration, his/her chosen courses, and any other details that could show that the applicant might not intend to leave at the end of his/her studies (for example, unstable political situation in the applicant’s country of origin or having a relationship with a resident of Australia). The result of this law is that if the authorities are not completely convinced that the applicant is intending to stay temporarily in Australia, then the authorities refused to grant the visa. This created a high amount of student visa refusals.
It is important to remember that there are no clear and uniform criteria in deciding whether the applicant intends to stay in Australia temporarily. This means the quality of evidence providing when submitting the application is very important. Additionally, the examiner wants to be convinced that the applicant’s studies in Australia will benefit the applicant’s future studies and career. Therefore, proof that you have been working, and specifically working in the field in which you want to study, will contribute a lot for your application.
When applying for the student visa, it is important to focus on the benefits the applicant will receive from studying in Australia, including the applicant’s future career. For example, an applicant, who has an undergraduate degree from outside Australia and wants to continue his/her studies in the same or similar field in Australia, is likely to be granted a visa for graduate studies as long as the applicant can prove he/she had a good quality of life in his/her country of origin and if he/she can prove the usefulness of his/her studies to the chosen career. However, if the applicant has a lack of connection between his/her studies and the chosen future career, or if the applicant cannot prove they had a good quality of life in his/her country of origin, then the applicant may be refused a visa.
If an applicant applies for the student visa while already in Australia, which would extend his/her temporary stay in Australia, it is even more difficult for the applicant to receive the student visa. Applicants in this situation must have extraordinary reasons for applying for the student visa. Examples of this include an applicant who receives a full scholarship to a specific institution, or an applicant who was asked to join a special research group.
Although the process for applying for student visa from Australia is not easy, the help of an experienced immigration attorney could improve the chances of success of the visa application.
All said and explained in this article does not constitute a legal opinion and does not replace legal advice. Responsibility for using the wordings and opinions conveyed in this article relies solely and entirely on the reader.
This article was written by Dotan Cohen Law Offices, working in the field of immigration law in the United States, Canada, Australia and England.
