Know your rights: Applying for a New Student Visa - Swinburne Student Union
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Know your rights: Applying for a New Student Visa Connie Chen, Co-ordinator Shasheema Ruwanpathirana, Registered Migration Agent 1574896 Note: This presentation delivered on 05th August 2020 via Zoom for Swinburne University students, provides some general information accurate at the time presented, and is not intended to be relied on as legal or immigration advice. No one should act based on the information provided in this presentation without first obtaining legal or immigration advice that is relevant to their personal circumstances. All Department of Home Affairs and Commonwealth materials are reproduced for study purpose and all such material is copyright Commonwealth of Australia.
Webinar House-Keeping
Webinar format
No cameras or microphones except for presenters
If you have a question, use the Q&A button at the bottom of the screen.
Questions will be moderated and answered gradually – please be patient! Some
will be answered in text, others by the presenter, and some will be answered at
the end of the presentation.
This webinar is being recorded!
If you are watching this webinar as a recording, please make sure you have the
most up-to-date information as things are likely to change quickly during the
pandemic.
If you ask a question, be aware it may be read out and answered in the
recording.
Webinar House-Keeping
This Webinar is for general information only – we can only answer general
questions about student visas, not questions about your specific circumstances
or other visa types.
If you need more tailored advice, we recommend you see a migration agent.
You can use the MARA website to find a migration agent:
https://www.mara.gov.au/
We will cover:
Process for applying for new student visa
COVID-19 changes and concerns
Questions
Eastern Community Legal Centre
Free legal information, advice and in limited cases, some representation.
Areas of law we give advice in:
Family law (not property settlement)
Family violence
Fines & Infringements
Criminal charges
Consumer law
Motor Vehicle Accidents
Debt & Consumer
Areas of law we do not give advice in:
Migration law
Employment law
Legal Help @ Study Melbourne
Tenancy and renting law
Commercial and business laws
https://www.studymelbourne.vic.gov.au/help-and-support/the-law-and-my-rights/legal-advice
Eastern Community Legal Centre Even if we can’t give you advice in an area of law, we can provide you referrals to someone who can Website: http://www.eclc.org.au Phone: (03) 9285 4822 Leave a voicemail and an intake worker will call you back (Phone upgrade coming soon!) Appointments via phone or Zoom
The Process If your current Student Visa is expiring soon and if you have not yet completed your course, you will need to apply for a new Student Visa – there is no such thing as visa extension and you have to apply for a new Student Visa. Apply online via ImmiAccount Provide required evidence Pay the visa application charge Complete medical examination (if required)
Apply online via ImmiAccount Create an ImmiAccount - https://online.immi.gov.au/lusc/login https://immi.homeaffairs.gov.au/
Apply online via ImmiAccount https://online.immi.gov.au/lusc/login
Apply online via ImmiAccount https://online.immi.gov.au/ola/app
Apply online via ImmiAccount https://online.immi.gov.au/ola/app
How to answer these questions on the form Closure of education provider Is the applicant applying for this visa due to the closure of their Australian education provider? Accompanying members of the family unit Are there any accompanying members of the family unit included in this application? Non-accompanying members of the family unit Genuine temporary entrant
How to answer these questions on the form Funding Do all applicants in this application confirm that they each have access to sufficient funds to support themselves for the total period of stay in Australia and understand that further evidence of funds may also be requested? Overseas Student Health Cover Does the applicant have Overseas Student Health Cover (OSHC)? Visa history Health & Character declarations
Provide required evidence Must provide documents as per Department of Home Affairs’ (the Deaprtment) Documents Checklist Tool https://immi.homeaffairs.gov.au/visas/web-evidentiary-tool Case officer might ask for further documents during processing
Provide required evidence https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/student-500
Provide required evidence https://immi.homeaffairs.gov.au/visas/web-evidentiary-tool
Requirements to make a valid visa application Must be online or authority to lodge a paper application Must hold an eligible visa, if in Australia Evidence of intended study – COE or letter of offer Additional requirements, if not holding a substantive visa Additional requirements, if under 18
Criteria to be met
Evidence of enrolment – COE/on-going marking of the postgraduate
thesis/foreign affairs or defence student
Genuine temporary entrant - GTE
English language proficiency – if required
Genuine access to funds – applies to ALL applicants
o the costs and expenses of the applicant during the applicant’s intended stay in Australia; and
o the costs and expenses of each member of the applicant’s family unit (if any) who will be in
Australia.
Arrangements for health insurance (OSHC)during the period of intended stay in
Australia
Health and character testFamily members Member of the family unit – MOFU Genuine temporary entrant - GTE Genuine access to funds Arrangements for health insurance (OSHC)during the period of intended stay in Australia Arrangements for the education of the school age dependents in Australia Foreign affairs/defence student MOFU has the support of the foreign/defence minister Health and character test
Pay the visa application charge Base application fee - AU$ 620 Additional applicant (family member) over 18 – AU$460 Additional applicant (family member) less than 18 - AU$150 Subsequent temporary application charge – AU$700 (if making second or subsequent Student Visa in Australia)
After lodging your application
Once lodged, you will receive BVA to remain in Australia during processing
BVA does NOT have travel facilities
If require overseas travel after Student visa expired and while on the BVA, need to obtain
BVB before travelling – be careful about current travel ban
Health examination – check ImmiAccount to find out whether you need to undertake a
medical examination. If you need to undertake another medical examination and if;
o Onshore – you have to make an appointment with BUPA Medical Visa Services, see
here: http://www.bupamvs.com.au/
o Offshore – you have to make an appointment with the appropriate Australian government approved panel
physician, see here (you have to select your location and then click "Panel
Physician"): https://immi.homeaffairs.gov.au/help-support/contact-us/offices-and-locations/list
Note: health examination appointments can be cancelled or reduced due to current COVID-
19 situation and you will be granted additional time to complete medicals if you cannot
undertake health examination within given timeframe. Please request an extension of time to
complete your medicals providing evidence from the local panel physicians/ BUPA Medical
Visa Services regarding unavailability of appointments.
1. http://www.bupamvs.com.au/
2. https://immi.homeaffairs.gov.au/help-support/contact-us/offices-and-locations/listAfter lodging your application Biometrics – you will need to provide biometrics if you are offshore (or onshore in certain situations) and if you are from a country that is part of biometrics program. See here for countries included in biometrics program https://immi.homeaffairs.gov.au/help-support/meeting-our- requirements/biometrics#content-index-8 Change in circumstances – you have to update the Department if your circumstances change during processing AND before you first enter Australia (if offshore) on that visa Incorrect information – as soon as possible, you have to inform the Department if you have made a mistake and have provided incorrect information in the application form. This obligation remains even after you are granted a visa and enter Australia Visa outcome – the Department will inform you in writing (via email) the outcome of your application including visa conditions. Can be in or outside Australia when granted https://immi.homeaffairs.gov.au/help-support/meeting-our-requirements/biometrics#content-index-8
COVID-19 FAQ and Student Visa
Most up to date information here:
https://covid19.homeaffairs.gov.au/student-visa
Can I under enrol/study part time without breaching a visa condition? - Yes. The Department of Home Affairs does not
regulate mode or load of study requirement – as long as the provider monitors your progress and arrange to under-
enrol/study part-time, and you are able to maintain your enrolment, you are not in a breach of a visa condition. Please
discuss your situation with the Swinburne University.
Can I study online more than one third of my study, will this affect my Student Visa? – The Tertiary Education Quality and
Standards Agency (TEQSA) and the Australian Skills Quality Authority (ASQA) is flexible and students can study online either
in Australia or offshore -1. Provider has to assess student’s situation on case-by-case basis. Further, the Department of Home
Affairs does not regulate mode of study requirement – as long as the provider monitors your progress and arrange online
study and you are able to maintain your enrolment, you are not in a breach of a visa condition.
My student visa is expiring soon and I cannot go to my home country due to COVID-19 travel restrictions, what are my
options to remain in Australia? – If your student visa is expiring and cannot leave Australia due to COVID-19 travel
restrictions, you must apply for a suitable visa. If you have not completed your current course, you have to apply for a new
Student Visa to remain in Australia to complete your course. If you have completed your course but cannot leave Australia,
you may be eligible to apply for a Visitor Visa to remain in Australia.
My student visa is expiring soon and I have completed my course, can I apply for a work visa? – If you have completed an
eligible course and you meet requirements, you may be eligible to apply for Temporary Graduate (Subclass 485) Visa that
gives you full work rights. Also, if you are not eligible to apply for Temporary Graduate (Subclass 485) Visa, but work in a
critical area for COVID-19 (such as healthcare, disability and aged care, childcare and agriculture), you may be eligible to
apply for Temporary Activity (Subclass 408) Visa.
1. https://www.teqsa.gov.au/latest-news/articles/joint-teqsa-and-asqa-statement-relating-flexible-deliveryCOVID-19 FAQ and Student Visa, Cont. My student visa is expiring soon and I have not yet completed my course. I am stuck overseas due to travel ban – do I need to apply for a new Student Visa? – If you have received a new COE you can apply for a new Student Visa. However, please note followings; o You do NOT need a Student Visa to study online in your home country o The Government will recommence granting offshore student visas - when borders re-open, you will already have a visa and be able to travel to Australia -1 o Nil VAC for a further student visa application, if you are unable to complete your studies within your original visa validity due to COVID-19 – 1 (will be online midnight tonight 5 August 2020) (Note – this information is in relation to apply for a new Student Visa to complete your qualification. Requirements for Temporary Graduate (Subclass 485) Visa is not intended to discuss during this presentation). 1. See full media release here - https://ministers.dese.gov.au/tudge/supporting-international-students-support-australian-jobs
Resources
LEGENDcom - http://www.border.gov.au/Trav/Visa/LEGE
Migration Act 1958
Migration Regulations 1994
Procedure Advice Manual 3
Department of Home Affairs website - https://www.homeaffairs.gov.au/
Department of Home Affairs – COVID-19 & Student Visas -
https://covid19.homeaffairs.gov.au/student-visa
Joint Tertiary Education Quality and Standards Agency (TEQSA) and Australian Skills Quality
Authority (ASQA) statement relating to flexible delivery - https://www.teqsa.gov.au/latest-
news/articles/joint-teqsa-and-asqa-statement-relating-flexible-delivery
Joint Media Release, Department of Education, Skills and Employment -
https://ministers.dese.gov.au/tudge/supporting-international-students-support-australian-jobs
BUPA Medical Visa Services - http://www.bupamvs.com.au/
Swinburne University website - https://www.swinburne.edu.au/courses/visas/applying-for-your-
visa/Any Questions?
We appreciate your feedback - : https://www.surveymonkey.com/r/G69FMX3
To seek migration advice – please visit MARA https://www.mara.gov.au/ to find
a registered migration agent
EASTERN COMMUNITY LEGAL CENTRE
Even if we can’t give you advice in an area of law, we can provide you referrals
to someone who can
Website: http://www.eclc.org.au
Phone: (03) 9285 4822
Leave a voicemail and an intake worker will call you back
Appointments via phone or ZoomYou can also read
