Changes to Student and Temporary Graduate visas

Elevating English Language Standards for Student Visas and Temporary Graduate Visas

In alignment with its Migration Strategy released on 11 December 2023, the Australian Government is elevating the English language requirements for Student and Temporary Graduate visas. These changes apply to all Student and Temporary Graduate visa applications lodged on and after the 23 March 2024.

Raising the English language standards aims to enhance the educational experience for international students and recent graduates in Australia while fostering their contribution to the country’s economic growth. Students with strong English proficiency are better equipped to live independently in Australia, engage with the community, and understand their workplace rights, reducing their risk of exploitation.

Here’s a detailed overview of the key changes:

Student Visas

• For Student visas, the minimum English proficiency requirement increases from IELTS 5.5 to 6.0, with similar adjustments for other visa categories.
• The minimum score to undertake a packaged English Language Intensive Course for Overseas Students (ELICOS) course increases from IELTS 4.5 to 5.0 (or equivalent).

For students studying English only through ELICOS, there will be no change.

Temporary Graduate visas (TGV)

• The minimum score required for a Temporary Graduate visa increases from IELTS 6.0 to 6.5 (or equivalent as specified on our website), with a minimum score of 5.5 for each component of the test (reading, writing, speaking and listening).
• Passport holders from Hong Kong and British National Overseas (BNO) are not required to meet this increased minimum English language requirement. for this cohort, the minimum score remains at IELTS 6.0 with a minimum score of 5.0 for each component of the test.
• The validity window for English language test results for Temporary Graduate visa applications decreases from three years to one year. Applicants must provide evidence that they have completed an English Language test no more than one year immediately before the date of the visa application.

Further details on these changes will be communicated to education providers and potential applicants through various channels, including the Department of Home Affairs website, social media, and outreach activities.

Strengthening Oversight in the Education Sector: Section 97 of the ESOS Act

Further changes under Section 97 of the ESOS Act 2000 are anticipated to address high-risk education providers, with additional details to be provided in a forthcoming update. These comprehensive measures underscore the Government’s commitment to ensuring the quality and integrity of Australia’s international education sector, benefiting both students and the broader community.

In an ongoing effort to safeguard the integrity of Australia’s international education sector, the Australian Government has introduced significant reforms under Section 97 of the Education Services for Overseas Students (ESOS) Act 2000. These changes, announced by the Minister for Home Affairs, the Minister for Skills and Training, and the Minister for Education on 26 August 2023, represent a proactive approach to address potential misuse of student visas by education providers. Let’s delve deeper into the specifics:

Under Section 97, the Government has been granted the authority to issue suspension certificates to education providers suspected of exploiting the visa system. This measure is invoked when a significant number of overseas students or prospective students are believed to be entering or remaining in Australia for purposes not in line with their visa conditions. To bolster the implementation of Section 97, new legislation under the Migration Regulations 1994 will come into effect on 23 March 2024. These regulations outline specific criteria that the Immigration Minister may consider when contemplating the issuance of suspension certificates. Factors such as education provider performance scores and other relevant metrics will play a crucial role in this decision-making process.

Performance scores for education providers are generated biannually, providing valuable insights into compliance and effectiveness. Additionally, the Minister may take into account various factors, including the number of visa application refusals due to fraudulent documentation, instances of visa condition breaches, and the prevalence of unlawful stays by former students, when considering suspension. Education providers under scrutiny for potential suspension will receive a Notice of Intention to Consider Suspension. This notice allows providers a minimum of seven days to respond, ensuring procedural fairness and providing an opportunity to address concerns before any definitive action is taken.

Issuance of a suspension certificate carries significant implications for education providers. It entails a prohibition on the recruitment of new international students for a period of six months or for the duration of the suspension. This measure underscores the severity of non-compliance and underscores the Government’s commitment to maintaining the integrity of Australia’s international education sector.

Amitava Deb

• Amitava is a gold medallist from India’s premier technical institute, IIT Kharagpur.
• He has worked with some of the world’s top companies such as Sony Australia Pty. Ltd., Siemens AG Germany, Clarity International Ltd., Reliance Communications and Optus Sydney.
• Amitava is a Chartered Professional Engineer accredited by Engineers Australia. He is a full member of this esteemed association.
• He is a member of the Australian Computer Society, Tele Management Forum and Worldwide Institute of Software Architects.
• Amitava is a well-recognised name in the ICT Professional Community in Australia.