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Australia's new visa rules kick in; here's how they will affect Indians

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Synopsis

Starting July 1, individuals seeking Australian student visas must apply from outside the country. This change affects holders of certain visas, including Visitor and Temporary Graduate visas, who can no longer apply for Student visas while in Australia. Applications submitted within Australia before July 1, 2024, will still be processed, and Working Holiday Maker and Work and Holiday visa holders remain unaffected.

If you're planning to apply for an Australian student visa, you'll now need to submit your application from abroad instead of from within Australia. This change affects holders of certain visas, including Visitor and Temporary Graduate visas, who will no longer be permitted to apply for Student visas while residing in Australia.

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The rule has come into effect from July 1.

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The Australian government emphasized that it will only consider student visa applications from offshore applicants who demonstrate a genuine intention to pursue studies in Australia.

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Under the new regulations, visitors, Temporary Graduate visa holders, and other specified visa holders currently in Australia are not eligible to apply for Student visas. However, student visa applications submitted within Australia before July 1, 2024, will proceed without being affected by these new rules. Additionally, holders of Working Holiday Maker and Work and Holiday visas are exempt from these changes, and their current visa statuses will remain unchanged.

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Australia's government has clearly stated that temporary graduates should plan to leave the country when their visa expires or explore job opportunities that could lead to employer-sponsored visas or permanent residency if they wish to remain in Australia. According to the recent "Graduates in Limbo" report by the Grattan Institute, 32 percent of Temporary Graduate Visa holders are opting to return to study to extend their stay in Australia beyond their visa's duration.

These changes are in line with further reforms set to take effect on July 1 for Temporary Graduate visa holders. The reforms will include significantly shorter post-study work rights, a decrease in the age eligibility from 50 to 35 years, and stricter English language proficiency requirements that were introduced in March.
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Prospective students may apply for their Student visa from abroad and travel to Australia while waiting for their visa decision. However, they must have or obtain a visa that allows entry and residence in Australia during this time. It is important to note that offshore Student visa applicants are not eligible for a Bridging visa to stay in Australia while their application is being processed.

Under the new regulations, holders of visitor visas are permitted to study for up to three months while their visa is valid. Individuals planning to pursue studies exceeding this period must apply for a Student visa from outside Australia.
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Certain visa holders in Australia, including Temporary Graduate, Maritime Crew, and Visitor visa subclasses, are now prohibited from applying for a Student visa while within the country. Specifically affected visa types include Subclass 485 (Temporary Graduate), Subclass 600 (Visitor), Subclass 601 (Electronic Travel Authority), Subclass 602 (Medical Treatment), Subclass 651 (eVisitor), and Subclass 988 (Maritime Crew). Additionally, holders of Subclass 403 (Temporary Work) under the International Relations (Domestic Worker - Diplomatic or Consular) stream, Subclass 426 (Domestic Worker (Temporary) - Diplomatic or Consular), Subclass 771 (Transit), and Subclass 995 (Diplomatic Temporary - primary visa holders only) are already ineligible to lodge valid Student visa applications while in Australia.

(With TOI inputs)
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