In our article earlier this week we highlighted how the Department of Home Affairs is scrutinising past study records more strictly than ever — the core focus is whetheryou have breached clause 8202 by holding a student visa without genuinely undertaking your studies，Home Affairs Has Been Frequently Reviewing Applicants’ Past Study Records in Australia! Anyone Renewing an Australian Visa Must Take Note!
Some students have asked, if I graduate early and no longer have classes to attend but my visa still has several months left, could there be a problem?
Yes — your visa can indeed run into trouble. Today we are opening another dedicated Q&A to help you sidestep the most common pitfalls!
Let us restate one of the most important conditions on a Student visa: clause 8202 — which requires students to remain enrolled in a course and meet attendance requirements for the entire duration of the visa. If you are not enrolled in a course, if the Department of Home Affairs is notified by your provider that your CoE has been cancelled, or if Home Affairs discovers you have not been attending classes, your visa may be cancelled for breaching clause 8202.
A new trend: when assessing a fresh visa application, Home Affairs may also look back over your past study history.
So how can you stay on the right side of the rules? ——
Q: I graduated early and have received notice that my CoE has been cancelled — what should I do?
A: Apply for a new visa within three months — most commonly a Subclass 485, a new Student visa, or another suitable visa.
Q: I graduated early. Apart from applying for a new visa, are there any other options?
A: If you wish to retain your original Student visa, you will need to enrol in another course and obtain a new CoE — for example, finishing a bachelor’s course early and securing a CoE for a master’s programme.
Q: I am graduating six months early and my Student visa still has six months to run — do I need to request or cancel the CoE myself?
A: There is no need to intervene or cancel it yourself. You simply need to transition to another valid visa in time — your provider will normally notify Home Affairs that your CoE has ended and let you know.
Q: I finished a two-year course three months early (or earlier) — can I still apply for a Subclass 485 visa?
A: As long as the total calendar time from course start to course end spans at least 16 calendar months, you are fine.
Q: After finishing a master’s course I went on to study another graduate diploma — will this affect my Subclass 485 application?
A: We do not recommend it. A better option is to study the Graduate Diploma during your 485 Post-Study Work stream instead.
Q: I have been notified that my CoE is cancelled but my Student visa is still valid — can I leave and re-enter Australia?
A: Yes, within three months of graduation. Beyond three months you risk being stopped at the border (for breaching clause 8202 of your visa).
Q: My in-person graduation ceremony is several months after graduation (more than three months), by which time my Student visa will have expired — how can I attend the ceremony?
A: Apply for a Visitor visa or a Temporary Graduate (Subclass 485) visa.-
Over the past year or two, Home Affairs has taken a firm line on Student visas — both at the assessment stage and after the visa has been granted, your history can be revisited. We cannot stress this enough: whenever your visa situation becomes complicated, entrust the lodgement to a qualified professional; the moment your course circumstances change, find out immediately whether your visa is affected. Do not use your own visa as a test case — you risk losing a great deal over a small oversight.
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