Student Visa Program&The Knight ReviewApril 2013
• In December 2010, the Hon Michael Knight AO wasappointed to conduct the first strategic review of thestudent visa progra...
The Knight Review cont…• To date:– 28 recommendations have been implemented– 13 are ongoing as they involve liaison with o...
GTE requirement• Came into effect 5 November 2011• Explicitly addresses whether the individualcircumstances of an applican...
Streamlined visa processing• From 24 March 2012, streamlined visa processing existsfor international students enrolled in ...
Post Study Work Visa• Provides eligible graduates the opportunity to gainpractical work experience in Australia following ...
Post Study Work Visa cont…• Must hold or have held eligible student visa• Be in Australia and aged under 50• Meet the Aust...
Automatic/Mandatory Cancellation Framework• Automatic cancellation occurred when a student visaholder was reported by thei...
Discretionary Cancellation Framework• On 13 April 2013, the automatic/mandatory frameworkwas abolished and a new discretio...
Old v New RegimeOld Regime New RegimeEducation Providers were required under theESOS Act and National Code to enter detail...
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Student Visa Program and the Knight Review

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In the wake of the challenges that began to rock the Australian international education sector in 2008–2009, some of the highest-profile and most anticipated government moves to counter declining enrolments have been with respect to streamlining visa processing for international students - now available to public universities, selected private colleges, and TAFEs (Technical and Further Education colleges).

Private-sector providers, meanwhile, are still waiting. And while they wait, they are at a distinct competitive disadvantage relative to other Australian institutions with respect to visa processing times for incoming students.

Read our accompanying ICEF Monitor article ''Australian private-sector providers continue to call for visa reforms'' here http://bit.ly/1AdDuVx.

And for those of you interested in further information on how the government's changes are impacting the sector, please see our article and video interview here: on http://monitor.icef.com/2012/12/the-changing-face-of-agency-engagement-with-australia/

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Student Visa Program and the Knight Review

  1. 1. Student Visa Program&The Knight ReviewApril 2013
  2. 2. • In December 2010, the Hon Michael Knight AO wasappointed to conduct the first strategic review of thestudent visa program• Intention of review was to examine how the studentvisa program could best support Australia’sinternational education sector whilst also preservingthe integrity of Australia’s migration system• Review resulted in 41 recommendations to enhancethe quality, integrity & competitiveness of Australia’sinternational education sector & student visa program• Australian Government, in-principle, supported allrecommendationsThe Knight Review
  3. 3. The Knight Review cont…• To date:– 28 recommendations have been implemented– 13 are ongoing as they involve liaison with otheragencies• Of major interest are:– The Genuine Temporary Entrant (GTE) Criterion– Streamlined Student Visa Processing– Post Study Work Visa– Cessation of Automatic & Mandatory VisaCancellation
  4. 4. GTE requirement• Came into effect 5 November 2011• Explicitly addresses whether the individualcircumstances of an applicant indicate that theirintention is for a temporary stay in Australia.• An integrity measure that underpins other KnightReview changes aimed at increasing thecompetitiveness of Australia’s international educationsector, such as streamlined visa processing• Will not make it more difficult for genuine students toobtain a visa BUTwill provide a useful way to identifyapplicants who are using the student visa program formotives other than gaining a quality education• Holistic Approach
  5. 5. Streamlined visa processing• From 24 March 2012, streamlined visa processing existsfor international students enrolled in Bachelor, Masters orDoctoral courses at participating universities• 41 of Australia’s 42 universities are participating• Prioritised Processing that recognises that universitiesare lower-risk, higher-quality education providers• Qualifying students, regardless of their country of origin,are now treated as though they are lower risk• Can package courses with eligible business partners• Does not guarantee visas will be granted but lessens theevidentiary requirements
  6. 6. Post Study Work Visa• Provides eligible graduates the opportunity to gainpractical work experience in Australia following theirstudies.• Allows graduates who have completed a Bachelorsdegree, Masters degree or a Doctoral degree access toa work visa for 2, 3 or 4 years• Allows Australian education providers to be morecompetitive in the international sector as it is not linkedto skilled migration• Allows students to focus on a quality education ratherthan seeking courses that will provide them with amigration outcome
  7. 7. Post Study Work Visa cont…• Must hold or have held eligible student visa• Be in Australia and aged under 50• Meet the Australian Study requirement• Meet English, Character, Health & Security requirements• Health insurance for duration of stay• No skills or occupation requirements• Graduate with an eligible degree level qualification from aregistered Australian educational institution• Have applied for and been granted first student visa onor after 5 Nov 2011
  8. 8. Automatic/Mandatory Cancellation Framework• Automatic cancellation occurred when a student visaholder was reported by their education provider for notmaintaining satisfactory course progress or classattendance.• Mandatory cancellation occurred when a student wasreported by an education provider for unsatisfactoryattendance and course progress.• Unless exceptional circumstances applied, DIAC musthave cancelled the visa.– Also occurred when a student breached their visa conditionsrelating to work rights for either working in excess of 40 hoursper fortnight or before their study commences.
  9. 9. Discretionary Cancellation Framework• On 13 April 2013, the automatic/mandatory frameworkwas abolished and a new discretionary framework wasintroduced.• Discretionary cancellation involves a DIAC decisionmaker examining a case and taking the individualcircumstances of the breach into account when makinga decision on whether or not to cancel a visa.• The move from automatic and mandatory cancellationto discretionary cancellation will lead to fairer outcomesfor student
  10. 10. Old v New RegimeOld Regime New RegimeEducation Providers were required under theESOS Act and National Code to enter detailsof an alleged breach of academic progress orattendance requirements in PRISMS.Education Providers are required under theESOS Act and National Code to enter detailsof an alleged breach of academic progress orattendance requirements in PRISMS.When an alleged breach of academic progressor attendance requirement was entered intoPRISMS a s20 notice was generated. TheEducation Provider sent this notice to thestudent.When an alleged breach of academic progressor attendance requirement is entered intoPRISMS a s20 notice will not be generated.DIAC had a limited ability to considercircumstances of breaches, including whetherto cancel a visa.DIAC will be able to support fairer outcomesfor students with the ability to differentiatebetween genuine and non-genuine students.
  11. 11. Questions
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