New Visa Conditions by Australian Government | Big Changings for Australian Immigration 2024

Let’s talk about the new conditions on the student visa. Other than that let’s talk about direction 106. Students have a lot of questions, I’ll try to read text, do interpretation… And try to tell you what will be its implications and the impact of it. Today’s topic is about student visas, and the changes that were brought about… By the department of home affairs on 23rd of March. First of all they made announcement and said that we will implement a condition. Keep one thing in mind regarding th

is, they said that we “may” apply this condition. “May” here suggests that the condition can or cannot be implemented. May shows that a situation is optional and not compulsion. So this condition is 8534. So, what 8534 says, first understand this. Later on, we will interpret the condition to understand what they are trying to say… And what will be the practical implications of this. “Condition 8534, The holder will not be entitled… To be granted a substantive visa, other than… A protection visa,

or a subclass 485 (Temporary graduate visa)... A subclass 590 (Student graduate visa) while the holder remains in Australia.” It means that if these conditions will be implemented what will it be for a visa holder. He can either apply for a protection visa or he can apply for subclass 485 visa. Or obviously he can apply for 590 while they are in Australia. You can apply for only these visas while living in Australia… But you can also choose other options if you are living outside Australia. Kee

p one thing in mind, if we look into the implications let’s interpret it… Let’s try to unpack the whole thing. Let’s comprehend it this way: A person came to Australia for masters… It is a 2 year program. Suppose a medical mishap happened to him… And he had to take a deferment for one semester… Now once he had taken the deferment of his visa that was for 2 years… Now it is left valid for 1.5 years but the course is still of 2 years. What will happen in this case? Will the department offer an exe

mption for such cases? It might be possible. Will the department implement it on a prior visa? It can happen. Another scenario is that a lady comes to Australia and she gets pregnant… Now she had to take one or two deferments and… Her proposed course will not be completed within the due time. So, will she have to apply from offshore? Yes, she has that option. But did she have to take an exemption if she wants to apply onshore. These things are still under review. It might be possible that the de

partment does further interpretation on that. In my opinion it is possible that, on your first student visa… The condition 8534 will not be implemented. Or it might get implemented on a selective course. There is no clear stance announced regarding this policy. Either the policy be implemented on all or not The word used during the announcement was “may”... Which means it can or cannot be implemented. One thing is the condition and either it will be implemented on 1st or 2nd or 3rd visa. There w

as a direction 69 prior to this one, that was in effect. This direction was maintaining the GTE criteria, students were assessed on that. Now Ministerial Direction 106 has been announced. If we look into direction 106 it is more or less like direction 69. There is a point to be noted in direction 106. I’ll read it for you. These are the points that are given to the case officer… To keep in view while assessing a student visa. Ministerial Direction 106 states that “the applicant holds subclass 4

85 visa… A subclass 600 visa, or a subclass 601 visa or… A subclass 651 visa or the applicant holds a student visa… Or previously held one or more visas. These are the instructions that are given to the case officer… Under Ministerial Direction 106 while assessing student visas. They said that the case officer must check if the student is a 485 visa holder. Or is the applicant a 600 or 601 or a 651 visa holder. Or is he a student visa holder for more than one time. When checking the factors whil

e assessing a student visa… Case officer will look into these aspects as well. That what is the visa background of the applicant. Keep in mind that these things were not present in the ministerial direction 69. But these factors are added in the Ministerial Direction 106. If you are a 485 visa holder you can apply for a student visa… Uptil and unless there is no new condition on 485. The case officer was instructed that if you are assessing an application… You must check the applicant of student

visa holder is not a 485 visa holder. And if he is a 485 visa holder you will have to give a weightage… Whether you will grant him a visa or not. Means they haven’t said anything about the condition on 485 visa. Third thing is that the current student visa holder will have to comply with… The already implemented conditions, it will not be changed. Just like that the 485 visa holders’ condition will remain as it is. How is it applicable to them? It's applicable in a way that they will look into

all these factors… While assessing your student visa. So today’s discussion defines the condition 8534 and Ministerial Direction 106. We will keep you posted whenever there will be an update about it. Follow For More. THANK YOU!