Student visas offer international students the opportunity to live and study in Australia on a temporary basis.
The main and organic purpose of a study visa is for international students to have the opportunity to study at good Australian educational institutions and then take what they have learned back to their country and apply it to their job to better their future. But that’s not happening.
Every year numerous international students on Australian study visas decide that Australia would be a good place to call home permanently. People overseas who don’t already have a study visa hope to gain one so they can permanently stay in Australia. But when it comes to study visas, only certain courses offer a pathway to permanent residence.
Study Visa Eligibility
In order for a study visa to be granted, applicants must be considered genuine students. This means they need to apply for an Australian course in their field of study. For example, if an international student has obtained their Engineering degree in their home country, then they apply for a Master of Engineering in Australia that would classify them as a genuine student, therefore, making them eligible for a study visa.
The problem with this for many of these overseas students is that their field of study or applicable course may not offer a pathway to permanent residence. And for someone whose primary goal is to make Australia their permanent home, the genuine student label isn’t going to help them. So, what’s the solution?
How can these international students with the sole intention of becoming Australian permanent residents achieve this outcome in the fastest, possible way?
The Fast Track to Permanent Residence, and It’s All Legal!
An international student can apply for a student visa as long as they are enrolled in a full-time course registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) in their field of study.
Once a student visa has been issued and the international student arrives in Australia, they are able to change to a course of study that puts them on a fast track to permanent residence such as commercial cookery, hairdressing, motor mechanics, and other trades etc.
These courses offer one of the fastest and cheapest pathways to permanent residency.
Many may question, why not just apply for these fast-track to permanent residence courses in the first place?
The reality is, if an international student is offshore and were to apply for a study visa based on wanting to study commercial cookery or any other course that could potentially fast-track their permanent residence in Australia, their application would be denied. By being onshore, the student visa has already been granted and as long as the course is on CRICOS then there’s no issue and if there is, the applicant can take it to the Administrative Appeals Tribunal which could take time but now they’re in Australia so waiting is no issue.
It’s all perfectly above board even if it may be considered unethical.
Why Is It Allowed to Happen?
It’s no secret that this practice is occurring, and the Department of Home Affairs is well aware of it. There’s nothing wrong with someone wanting to come to Australia and study something that will provide a pathway to permanent residence, but the Department of Home Affairs has set up the rules so overseas students can only gain a student visa based on studying a course relevant to their previous area of study. It leaves the process open to exploitation.
A parliamentary inquiry into international education commenced in April to evaluate the challenges and opportunities presented in this sector since the re-opening of Australia’s borders. Findings from the review of Australia’s Migration Program were also released in April.
If you would like to learn more about student visas, Australian permanent residence, or any other aspect of migration, contact the Visa Solutions Australia team. Book a consultation.
