//Preface//
Australia's immigration policies are undergoing several significant reforms, particularly concerning adjustments relevant to international students. These policy changes are set to take effect this week!
Attention to all recent recipients of requests for additional documents for parent migration!
The immigration department has issued a series of S56 document requests.
Failure to submit these documents could result in rejection of your application!
#01:
Changes to Student and Graduate Visas Take Effect,
Language Requirements Tightened, Validity Period Reduced
The previously mentioned reforms to student visas (subclass 500) and graduate work visas (subclass 485), including alterations to language scores and Genuine Temporary Entrant tests, will officially come into effect starting from March 23rd (this Saturday)!
Graduate Work Visa and Student Visa Reforms:
485 Temporary Graduate Visa Language Requirements:
✅ Scores: IELTS Overall 6.5, with no band less than 5.5 (Previously Overall 6, with no band less than 5)
✅ Validity Period: Only accept exam results taken within 1 year (Previously valid for 3 years)
✅ Hong Kong Passport Holders: Scores remain unchanged, maintaining Overall 6, with no band less than 5
Student Visa:
✅ Language requirement for student visa application raised to IELTS 6.
✅ ELICOS language course entry requirement raised to IELTS 5.
✅ Students applying for foundation or certain pathway courses will need an IELTS score of 5.5.
*For citizens of level 1 passport countries such as China (PRC) where English is not mandatory, the immigration department reserves the right to request additional evidence of English proficiency.
Additionally, Details of the New Genuine Student (GS) Visa Unveiled!!!
Set to be Officially Implemented on March 23rd (Applications submitted before this date remain unaffected and will continue to be assessed under GTE).
The new GS version replaces the old GTE version, with the application form now featuring four additional major questions:
1.Applicant's background (family, employment, financial status, etc.)
2.Study intentions (country, institution, and field of study)
3.Significance of completing the education for the individual
4.Other relevant information
Note:
1.Limit of 150 words per question.
2.Supporting documentation must be provided for each question (otherwise may affect visa approval).
3.Additional GS questions are required for onshore extensions (e.g., student visa to another student visa, non-student visa to student visa).
Urgent Reminder for Students Needing to Submit Applications, please ensure you act promptly!
The immigration system will undergo maintenance starting this Friday, March 22nd, at 8:30 PM.
From this Saturday onwards, applications will be processed according to the new requirements. For those needing assistance, please consult promptly!
#02:
Don't Overlook Parent Migration Documents,
Failure to Submit May Lead to Rejection
Recently, the New Horizon Immigration Team has received numerous requests for additional documents for parent migration applications submitted between 2019 and 2020, before entering the queue. This implies that failure to provide the requested documents from the immigration department could result in rejection. One of the most common additional documents requested is proof of settlement in Australia by the sponsor, i.e., the Australian child.
MR 1994 REG 1.03 defines "Settled" for parent migration sponsors as "having lived lawfully in Australia for a reasonable period."
【Interpretation of Immigration Regulations】
Australian immigration regulations clearly define "settled" as "having lived lawfully in Australia for a reasonable period." This "reasonable period" not only includes the time spent residing in Australia on a student or work visa but also takes into account the duration of holding a bridging visa while applying for a substantive visa (such as a PR visa).
"Settled" Conditions for Visa Applications
In most cases, these conditions are considered met, unless the sponsor has been away from Australia for two years before submitting the visa application and remains outside Australia at the time of application submission.
"Settled" Conditions at Visa Grant
Category 1: The sponsor needs to have legally resided in Australia for two years at the time of visa submission (excluding short-term absences not exceeding 4 months). It's okay if they are outside Australia at the time of submission!
Category 2: If the sponsor is currently in Australia but had absences exceeding 4 months in the past two years, evidence of current settlement in Australia is required, such as continuous employment proof, property or lease documents, etc.
Category 3: If the sponsor hasn't been in Australia for the entire two years before submission, reasons for the absence and evidence of settlement are needed, such as company secondment, proof of direct connection with Australia, etc.
Visa officers will consider the documents and the sponsor's time of residency in Australia in the two years before submission to determine if the "settled" requirement is met.
The "settled" requirement for Australian citizens is the same as for permanent residents (PR), but if there are compassionate reasons, residing for 3 months or currently being in Australia is sufficient to sponsor family members!
Summary,
Submitting complete documentation can help increase the success rate of your application! Be sure to provide the required documents on time. Wishing smooth migration to Australia for your parents and reunion with your family! If you have further questions, please feel free to contact our Registered Migration Agent for further consultation.