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On 1 November 2000 important changes to the Migration Regulations took
place affecting overseas students in Australia. These are as follows:
1. Confirmation of Enrolment
From 1 November 2000, immigration law has been amended to require
student visa applicants other than AusAID and secondary exchange students
to present a "Confirmation of Enrolment" in order to be granted
a Student Visa subclass 560 or 562.
2. Change of Provider
From 1 November 2000 students must remain with the principal course
education provider for at least the first 12 months of the principal
course. Student visa holders undertaking pre-requisite studies such as an
ELICOS or EAP course must therefore complete that course and 12 months of
the principal course. If a principal course is for a period of less than
12 months duration the student visa holder can not change provider prior
to the end of that course.
3. Enrolment and Course Requirements
From 1 November 2000, immigration law has been amended to ensure that
student visa holders attend at least 80 per cent of the classes and
tutorials during scheduled contact hours at their place of study.
Contact hours for a course or for a period now means the total number
of hours in the period for which students enrolled in the course are
scheduled to attend classes for teaching purposes, course-related
information sessions, supervised study sessions and examinations.
The amendment also allows the Department to review and cancel the visa
if there is evidence that the student has not attended 80 per cent of
classes and tutorials during scheduled contact hours. The attendance
record provided by the college may not be sufficient if there is other
evidence that the student has not attended 80 per cent of scheduled
contact hours.
This applies to all student visa applications granted on or after 1
November 2000. Visas granted before 31 October 2000 are not affected.
4. Mandatory Cancellation When Work Rights Breached
From 1 November 2000 immigration law has been amended to make visa
cancellation mandatory rather than discretionary where a student visa
holder works in excess of the 20 hours work rights available under
Conditions 8104 and 8105.
5. Notification of Change of Address
From 1 November 2000, immigration law has been amended to impose a new
visa condition 8533 on Student visas subclasses 560 and 562. Visa
condition 8533 has replaced visa condition 8506 which required the student
visa holder to notify Immigration at least 2 working days in advance of
any change in the holder's address. Visa condition 8533 requires instead,
that where the student visa is granted at an overseas post the holder must
notify their education provider within 7 days after arrival in Australia
of their Australian residential address and in all cases notify the
education provider of any change of address within 7 days of the change
occurring.
6. Principal Student Visa Holder's Work Rights
From 1 November 2000, two amendments have been made to Student Visa
Condition 8105.
The first amendment provides that "course related work" that
is not included in the 20 hours of private work permitted under this
condition is only work that is an integral part of the course for the
award to be obtained.
The second amendment stipulates that student visa holders must not
engage in work in Australia for more than 20 hours per week when the
holder's course is in session. (The work limitation previously applied
when the holder's institution was in session).
7. Student Visa Applicants Aged Under 18
Changes to student visa requirements and conditions regarding
accommodation and welfare arrangements for students under 18 years of age
took effect from 1 November 2000.
Applicants for student visas who have not turned 18 and are not
proposing to live with a parent or guardian, a relative or a person
nominated by their parent or guardian while in Australia, must obtain an
undertaking from the nominated education provider that the provider is
satisfied that suitable accommodation and general welfare arrangements
have been made.
A new student visa condition (8532) is mandatory for all principal
student visa holders who have not turned 18 years at the time of visa
grant. Student visa condition 8532 requires a student visa holder who has
not turned 18 years of age to maintain accommodation and general welfare
arrangements provided by the education provider in cases where they do not
propose to live with a parent or guardian, a relative nominated by their
parents or guardian while in Australia.
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