Student Visa Issues

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Student Visa Issues GSM Informationfor Qld
University of Technology students
DIAC Brisbane, General Client Services July 2007
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Overall Objectives

• To familiarise you with your student visa
  conditions.
• How to apply for permission to work.
• To familiarise you with some pending changes to
  General Skilled Migration programme.
• To point you in right direction for further
  assistance

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• What YOU need to know about your student visa

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Responsibilities as a Student Visa Holder

• Student visas have certain conditions
• It is your responsibility to know and understand
  your visa conditions
• While you hold a student visa, you must follow
  the conditions that are set on your visa.
• If you do not follow any of the conditions, the
  visa could be cancelled

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Knowing about your visa

• Many visas have a label (sticker) in your
  passport
• The label has important information, including
  visa conditions and date of expiry
• Where you do not have a label for your visa
  check the letter or e-mail you received when your
  visa was granted for your visa information
• If you applied online, you may be able to check
  your visa information online

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How to read a visa label

• 1. Visa holder details
• 2. Visa Class Subclass
• 3. Visa Number
• 4. Period of Stay
• 5. Visa Conditions

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• Important Visa Conditions

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Maintaining Studies, Performance Changing
Provider

• Condition 8516
• Must maintain your eligibility for a student visa
  while in Australia
• Condition 8202
• Must maintain attendance and satisfactory
  academic performance
• Condition 8206 doesnt exist anymore
• However, your obligations under ESOS Act means
  you must still liaise with your principal
  education provider for release, if you are within
  first 6 months of your principal course.

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Notify Address Health Cover

• Condition 8533
• Must notify education provider of your address
• Must notify education provider of any change of
  address within 7 days
• Must notify education provider if you change
  provider
• Condition 8501 Health Cover
• All international students must have health
  insurance while in Australia (with few exceptions
  only).
• OSHC provides self-funded medical and hospital
  cover for students and family members
• For more information http//www.health.gov.au
  and search OSHC

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Working in Australia

• Condition 8101 No Work
• Students can apply for permission to work after
  course commencement
• Condition 8105 Work Limitation
• Students are eligible to work up to 20 hrs per
  week when their course is in session
• During formal vacation periods, there is no
  restriction on the number of hours a student can
  work

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Important Points to Remember!

• Your visa could be CANCELLED if you do not comply
  with your conditions
• You must update DIAC of new CoE number if your
  enrolment changes in any way email
  students.centre_at_immi.gov.au
• You must complete your entire course within the
  expected duration
• Extra responsibilities apply if youre lt18

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Applying for Permission to Work
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Permission to Work

• There are only two available methods of lodgement
• eVisa (internet lodgement)
• On Paper Form 157P (mail or in person)
• Cost is 60.00AUD unless you are in an approved
  scheme (eg. AusAID or Defence sponsored student)

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Permission to Work Online

• To lodge electronically you
• Must be in Australia
• Hold a valid 570-576 subclass student visa,
  subject to condition 8101 (no work)
• Have an electronic confirmation of enrolment
  (unless you are an AusAid or Defence sponsored)
• Apply after you have commenced course
• Be able to pay by credit card or B-pay

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Permission to Work Online

• To lodge an application online (e-visa) you need
  to
• First, have the school electronically confirm
  commencement of the course
• Wait 2 24 hours before applying online for PTW
• Log-on to e-visa, follow the steps to lodge the
  application ensuring all information is correct.
• Usually the visa will auto-grant and an email
  sent to you the next business day (in some cases
  the visa will not auto-grant, this will delay
  processing as it will need to be granted manually)

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Permission to Work Online

• Who cannot apply electronically?
• Students under 18 years of age (proof of parents
  permission is required)
• AusAid or Defence sponsored students (must
  provide a letter of support from the relevant
  sponsoring agency)
• These applicants must lodge a paper application
  using Form 157P and mail it to their nearest DIMA
  Office.

PO Box 1269, Cairns QLD 4870 or GPO Box 9984,
Brisbane, Qld, 4001
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Permission to Work Paper

• If you have tried to e-lodge and it doesnt work,
  print out a copy of your screen showing error
  message. Attach it with following documents
  required to make valid paper application
• Form 157P (fully completed, including a
  residential address and signature)
• Fee 60
• Evidence from the education provider that they
  are currently enrolled (COE)
• The education provider signs/stamps the 157P that
  the student has commenced their course
• Please note paper applications can take up to six
  weeks to process, so preference is obviously for
  e-visas.

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PTW Final Word

• All main applicants who are given permission to
  work will have a limited work condition
  (Condition 8105)
• Please remember you only need to lodge once, and
  include your dependent on the same application as
  a dependent.
• Please note you will lose all work rights if you
  overstay your visa, or transition to a tourist
  visa.

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Lodging Application for Further Student Visa in
Australia

• Application process onshore
• Lodgement methods
• Basic requirements for the consideration of an
  application
• General requirements
• Service standards

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Lodgement Methods

• E-visa
• Characteristics
• Quicker, simpler application form
• Can be accessed anytime anywhere
• Priority processing case officer allocated and
  acknowledgement within 24 hours
• May require supporting documents or possible
  interview if exceptional circumstances

• Paper
• Characteristics
• Can be in person or by mail
• No appointment long waiting times
• Requires an appointment (unless emergency)
• Can only be lodged during office hours
• If lodged by mail needs to consider delivery
  times
• More flexible with exceptional circumstances

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You need to have a valid application!

• Before we can even accept and consider an
  application, the application must first be deemed
  valid.
• What is a valid application?
• Completed and signed Form 157A (including where
  applicable, a passport photo)
• Payment for the application fee 430
• A current COE or Letter of Offer (this can also
  be a confirmation of enrolment letter issued by
  the relevant institution)
• If under 18 parental consent and welfare
  arrangements

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You need to have a valid application!

• If lodging the application online the applicant
  must have
• A current COE
• A credit card or B-pay facility (B-pay should
  only be used when the applicant has at least 7
  days left on their current visa)
• In some cases, certain applicants will not be
  able to lodge an application online, in any such
  circumstances a paper application must be lodged.
  (Eg. Students under 18, non-eligible visa held,
  etc.)

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The application process for e-visa

• Step 1
• The student lodges the application, anytime,
  anywhere.
• Step 2 (within 24 working hours)
• The application is allocated to a case officer
  who will process and handle the application
  through to the decision.
• The case officer will send the applicant an
  e-mail requesting the relevant documentation and
  directing them to the document checklist and
  website and provides their contact details
• In the case of an Assessment Level 1 student, the
  application may be granted without the need for
  further documentation
• Step 3
• The applicant must obtain then send the relevant
  documentation to the case officer (preferably by
  registered mail), in some cases an appointment
  may be arranged.

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The application process for e-visa

• Step 4
• The documents are assessed against the criteria
  prescribed in the legislation.
• Step 5
• The case officer will either
• Make a decision based on the information provided
• Request more information (in this case steps 3 to
  5 will repeat)
• Step 6
• The case officer will notify the applicant of the
  decision and provide a grant or refusal letter
  with all the relevant information
• If the visa was granted the client can request a
  visa label

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The application process for paper

• Step 1
• Applicant makes an appointment by calling 131881
  (if the applicant does not have an appointment
  they may experience long waiting times)
• Once the appointment is made the applicant will
  receive a confirmation e-mail containing a
  document checklist
• Step 2
• The applicant attends the appointment and
  provides the relevant documentation as prescribed
  by the checklist
• Step 3
• The case officer they see at the interview will
  look after your application from start to finish.
  At the interview the officer will
• Assess the documentation against the criteria in
  the legislation
• Request further information as needed

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The application process for paper

• Step 4
• The applicant must obtain then send the relevant
  documentation to the case officer (preferably by
  registered mail) or drop off the documents at
  reception, who will then pass documents to case
  officer.
• Step 5
• The case officer will
• Assess the information/documents provided against
  the criteria
• make a decision on the application
• Step 6
• The case officer will notify the applicant of the
  decision and provide a grant or refusal letter
  with all the relevant information
• If the visa was granted the client can obtain a
  visa label

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General Requirements for thegrant of a student
visa

• Once an application is deemed valid and
  accepted it must be assessed against the criteria
  set out in the legislation.
• The basic requirements for all students are
• Evidence of Enrolment in a registered course
  (COE)
• Evidence of OSHC
• Adequate funds to support living expenses,
  tuition fees and travel
• Acceptable health and xray results (where
  appropriate)
• Are there any other requirements?

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Specific Requirements?

• Yes!! There may be other requirements for you,
  such as English requirements, evidence funds are
  from acceptable source, police check etc.
• You may also need to show evidence satisfying
  general requirements to a higher or lower degree
  depending upon your assessment level.
• The assessment level is determined by your
• Country of Citizenship, AND
• Educational sector you seek to study in
• www.immi.gov.au/allforms/pdf/1219i.pdf

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Documents Checklists

• To assist applicants through the application
  process, DIMA has created document checklists
• They are a simplified version of the criteria set
  out in the legislation
• They outline in great detail the documents the
  applicant will need to provide to meet specific
  criteria.
• Each document checklist is tailored to the
  assessment level and educational sector
• www.immi.gov.au/students/checklists/index.htm

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Final Word

• E-visa is better!
• Lodge complete applications!
• Student visa processing times
• AL1 and 2 2 weeks
• AL3 and 4 1 month
• Try to make appointments!

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• Brief Comments on
• Permanent Residency Pathways in Australia

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Some September 2007 Changes to GSM

• Simpler visa regime to 9 visa classes.
• English language threshold increased for all
  visas to IELTS 6.0 in each category.
• 12 months work experience (within last 12
  months), or professional year, mandatory for all
  visas.
• Changes to the two year study requirement also.
• New temporary visa (onshore and offshore) to act
  as pathway to PR with no restrictions on work or
  study
• Note there are offshore equivalents too!.

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Basic things to keep in mind

• There is base threshold criteria that must be met
  for a valid application including holding an
  eligible visa, satisfying 2 year study
  requirement, having 12mths work experience, age,
  health, character competent English need for
  skills assessment to be lodged.
• Once valid application lodged, there is need to
  satisfy points requirement (120 for independent
  visas or 100 points for sponsored visas) for
  grant. Points will reward applicants with
  proficient English, younger age, advanced
  tertiary qualifications, qualifications in
  occupations of demand, those with a job offer,
  those with a sponsorship, or those prepared to
  work in areas of demand, to name a few. These
  are in addition to points you get for the
  occupation youve nominated.
• Skills assessment must have also been satisfied.

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Other Important Information

• Applications lodged on or before 31 August 2007
  will be processed under the current GSM
  structure. http//www.immi.gov.au/allforms/990i/pr
  ofessionals.htm
• Applications lodged on or after 1 September 2007
  will be processed under the new GSM visa
  structure. http//www.immi.gov.au/skilled/general-
  skilled-migration/changes/index.htm
• All applications for GSM will need to be lodged
  via the Adelaide Skilled Processing Centre
  (ASPC).
• Pre lodgement enquiries should be directed to
  1300 364 613.

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New GSM Visa Class Structure
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Pathways for students via the Graduate visa

OR
OR
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Information Sources Visa Issues

• Website
• www.immi.gov.au
• Type of information and services you can access
• Relating to a lodged application
• Case officer
• General pre-lodgement inquiries
• Contact centre 131881
• General e-mail, students.centre_at_immi.gov.au

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Information Sources Education Issues
Your University Qld University of
Technology Federal Department of Education
Science Training General Inquiries esosmailb
ox_at_dest.gov.au Phone (02) 6240
5069Fax [phone] Website http//www.des
t.gov.au/sectors/international_education/policy_is
sues_reviews/key_issues/esos/default.htm