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Australia’s latest migration policy reforms explained: ban on moving to lower-level courses on student visas, WHV ballots and condition 8503 for visitor visas

Key points

How will Australia’s student visa reforms restrict lower-level study after graduation and visa renewals?

After graduation, students will only be allowed to progress to higher-level courses, to curb visa hopping through lower-level study. Extensions because of failed subjects or illness, and changes to a course at the same level at the same institution, are considered normal visa renewals.

  • The proposed reforms will restrict family secondary applicants on most student and Subclass 485 Graduate Work visas; existing Subclass 485 or 500 secondary visa holders will be unaffected, and PhD students will be exempt.
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Seven areas targeted

Summary of migration reform policy areas announced by the Australian Federal Government
Image: the six policy areas targeted by the Australian Federal Government’s announced migration reforms.

The core measures in seven areas of Australia’s migration reforms explained

New Subclass 500 Student visa rules: curbing visa hopping and banning study at a lower level

The aim is to strengthen the integrity of the student visa system and curb visa hopping—repeatedly changing visas to extend a stay in Australia. This specifically refers to taking a lower-level course after graduation. In future, students will only be allowed to progress to higher-level courses. Extensions because of failed subjects or illness, and changes to a course at the same level at the same institution, are considered normal visa renewals and do not count as visa hopping.

Subclass 500 Student visas and Subclass 485 Graduate Work visas: restrictions on family members as secondary applicants

Most student visa and Subclass 485 Graduate Work visa holders will face restrictions on bringing family members as secondary applicants. Existing secondary visa holders on Subclass 485 or 500 visas will not be affected. The main aim is to prevent further growth in overall numbers, and PhD students will be exempt.

Tony said that permanent residents and citizens who want to sponsor an overseas partner for migration have to wait several years, while international students can bring their families over within a few months. This is clearly unreasonable.

Condition 8503 for visitor visas to close off a route to remaining in Australia

A No Further Stay condition will be added to all visitor visas, with an exception for refugee visas. The aim is to prevent applicants from entering on a bridging visa, lodging a family migration application and then remaining in Australia for a long time while waiting for a decision.

The intention is to make waiting times fairer for family migration applicants in Australia and overseas, with particular reference to partner migration. Someone who enters on a Subclass 600 visa and lodges an application can remain on a bridging visa throughout, which is unfair to those waiting overseas for a Subclass 309/100 visa. If relatives want to visit or need to enter Australia for a particular reason, condition 8503 on a Subclass 600 visa does not prevent this.

Skilled migration changes: more priority industries and changes to points for trade qualifications

Ministerial Direction 119 will be updated to ensure priority processing for skilled migration applications in a range of key industries: health, construction, education, law enforcement, defence, resources, agriculture, aquaculture and fisheries. This adds occupations in resources, agriculture, aquaculture and fisheries.

Changes to the points-based system

Applicants with particular skills will receive more points. Trade qualifications were mentioned as receiving the same points as higher education qualifications.

Working holiday visas: ballots for second- and third-year renewals

Changes to working holiday visas will introduce a ballot for second- and third-year renewals, along with regional work requirements to support regional development. Processing times for working holiday visa applications will also be stabilised at around 3 months.

Cracking down on false refugee claims and unlawful stays, and tightening access to long-term stays on bridging visas

The crackdown targets false refugee claims: after renewing visas again and again, applicants who have run out of options apply for a refugee visa, then appeal to the ART to continue staying in Australia.

Tony said most of the announced reforms had essentially been settled in February this year.

Net overseas migration falls to a four-year low as overall migration numbers remain under control

The previous quarter’s net overseas migration (NOM) figures are out. In the quarter to March this year, NOM fell to 101,1005, its lowest level since mid-2022.

When the new policies will take effect and their impact on applications being processed

The two main questions now are when the measures will take effect and whether applications already being processed will be affected. The minister said almost nothing about timing, but we believe legal instruments will follow one after another, and very soon. All previous indications have been that the Labor Government is doing everything it can to implement the measures as quickly as possible.

Questions and answers

Can relatives still enter Australia to visit on a Subclass 600 visa with condition 8503?

Condition 8503 on a Subclass 600 visa does not prevent relatives from visiting or entering Australia for a particular reason.

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