The last decade has seen an influx of international students accessing Australia’s world class education system. The Sydney Morning Herald noted in an article on 2 Mach 2018 that from 2015 to 2017 the number of overseas students at Sydney universities increased from 55,000 to 75,745, or a 37.7% increase in just 2 years. [1] As a result of these increased numbers, education is now Australia’s third biggest export ($28B) following Iron Ore ($62.8B) and Coal ($54.3B), and in 2016 the fee income from overseas students in NSW universities surpassed the fee income from domestic students for the first time (going from $1.3B in 2012 to $2.3B in 2016).[2]
Student Visa Cancellation
International students who seek to study in Australia are required to obtain the relevant visa to do so. At this point in time, this is a visa granted under the Student (Temporary) (Subclass 500) (Class TU) program. Unfortunately, the lucrative education industry has seen an increase of inexperienced agents and led to “massive fraud within our Student, Skilled Migration, 457 programs.”[3]
In response to this fraud, the Department of Home Affairs (DOH) has taken steps to cancel visas under various provisions under the Migration Act (1994) (Cth). One of these cancellation provisions is s116 which creates a general power to cancel visas and provides, among other things, a ground for cancelling a visa if… you have not complied with a condition of your visa. Given that many students are caught out because of a lack of information or incorrect advice from their agents, this article focuses on the conditions that Student visas are granted with.
Student Visa Conditions
Student visas are granted with mandatory and optional conditions depending on whether they are a primary visa holder or the secondary visa holder (dependent). A summary of the mandatory conditions for all primary and secondary applicants are below:
Primary Visa Holder |
Secondary Visa Holder |
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8105: The Applicant must not work before course of study commences AND that work must not be more than 40 hours per fortnight whilst study is in session. |
8104: The holder must not engage in work for more than 40 hours a fortnight while the holder is in Australia. |
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8202: If the holder is (1) a Defence Student, Foreign Affairs Student or secondary exchange student, the holder must be registered in a full-time course of study. If (2) any other student, the holder must be enrolled full time in a registered course that will provide a qualification from the Australian Qualifications Framework that is at the same level as, or at a higher level than, the registered course in relation to which the visa was granted. |
8501: The holder must maintain adequate arrangements for health insurance while the holder is in Australia. |
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8501: The holder must maintain adequate arrangements for health insurance while the holder is in Australia. |
8516: The holder must continue to be a person who would satisfy the primary or secondary criteria, as the case requires, for the grant of the visa. |
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8516: The holder must continue to be a person who would satisfy the primary or secondary criteria, as the case requires, for the grant of the visa. |
8204 (if Iranian national and enroled in higher education): Must not change course without approval from Minister. |
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8517: The holder must maintain adequate arrangements for the education of any school-age dependant of the holder who is in Australia for more than 3 months as the holder of a student visa (as a person who has satisfied the secondary criteria). |
8518 (if younger than 18): Adequate arrangements must be maintained for the education of the holder while he or she is in Australia. |
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8532: If less than 18, the holder must stay with a specific person. |
8201 (if older than 18): While in Australia, the holder must not engage, for more than 3 months, in any studies or training (exceptions apply). |
| 8533: The holder has obligations to notify the education provider of a change in address or education provider within 7 days. |
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8203 (if Iranian and higher education): Must not change course without approval from Minister. |
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8204 (if Iranian and in higher education): Must not change course without approval from Minister. |
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8535 (if Foreign Affairs or Defence student): The holder cannot be granted a further substantive visa (unless Student visa or Protection visa) whilst in Australia. |
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Optional conditions for primary and secondary applicants may also apply:
Primary Visa Holder |
Secondary |
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8535 (if receiving financial assistance from Commonwealth or foreign country): The holder cannot be granted a further substantive visa (unless Student visa or Protection visa) whilst in Australia. |
8303: The holder must not become involved in activities disruptive to, or violence threatening harm to, the Australian community or a group within the Australian community. |
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8303: The holder must not become involved in activities disruptive to, or violence threatening harm to, the Australian community or a group within the Australian community. |
8534: The holder cannot be granted a further substantive visa (unless Student visa or Protection visa) whilst in Australia. |
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8534: The holder cannot be granted a further substantive visa (unless Student visa or Protection visa) whilst in Australia. |
Conclusion
Failure to comply with conditions can lead to visa cancellation. If you believe you have failed to comply with one of your conditions, or if you have received a Notice of Intention to Consider Cancellation, please contact us immediately for further advice at [email protected] or (02) 2 8005 1484.
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[1] https://www.smh.com.au/interactive/2018/international-student-boom/
[2] https://www.smh.com.au/interactive/2018/international-student-boom/
[3] http://www.abc.net.au/news/2016-06-27/corruption-and-widespread-rorting-undermining-immigration/7537270
