The End of Visa Hopping: What It Means for Travelers and Migrants
What is "Visa Hopping"? How does it Affect me?
"Visa hopping" refers to the practice where temporary visa holders, particularly international students, apply for a new Student visa to extend their stay in Australia even when they have little prospect of gaining permanent residency (PR). This has resulted in a growing number of individuals who remain in Australia without a clear pathway to PR, contributing to the phenomenon of being "permanently temporary."
How will the changes of ending Visa Hopping be implemented?
New Restrictions on Student Visa Applications
Starting on 1 July 2024, as part of its Migration Strategy, the Department of Home Affairs announced significant changes, especially for visitors and graduate visa holders. These changes will prevent visitors and graduate visa holders from applying for further Student visas while onshore in Australia. The eligibility criteria for applying for a Student (Subclass 500) visa will expand.
Currently, certain visa holders are ineligible to apply for a student visa onshore, including visa holders of:
Certain Domestic Worker visas
Certain Diplomatic Visas
Transit Visas
This list has expanded, including visa holders of:
Visitor visas (including Subclass 600 visa, eVisitor, and ETAs)
How do The changes practically work?
These changes effectively prevent the specified visa holders from making valid applications for a student visa while in Australia. However, they will still have the option to apply for a student visa from outside of Australia. To do so, they must:
Satisfy the “Genuine Student” (GTE) criteria: This includes demonstrating a legitimate intention to study, a strong study history, and a sound immigration history.
Wait outside Australia: Applicants must remain outside Australia until their Student (Subclass 500) visa application is approved or they have another valid visa to enter.
How Can Agape Henry Crux Help
These changes underscore the importance of strategic visa planning for those on Student or Graduate visas. Maximizing the duration of stay on a Graduate (Subclass 485) visa and exploring viable pathways to permanent residency where applicable is crucial. Contact us at Agape Henry Crux, our Accredited Specialist Immigration Lawyer(s), and our team of immigration lawyers and migration agents specialising in handling highly complex matters. You may schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or email us at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese and Malay. If this isn’t your language, we can also help you arrange an interpreter.
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