Are you on a student visa? Has your study situation changed? If you want to make changes to your study in Australia, you need to make sure that you continue to meet the conditions of your visa or risk your visa being cancelled. Here’s a list of what you can do if you are stuck in any of these situations:
You want to change your course
If you want to change courses, you need to make sure you continue to meet the conditions. In some cases, you might need to apply for a new visa. If you change courses or education provider, you are not required to do anything because the provider will let us know.
If you want to change to a different education sector, you will need to apply for a new Student (subclass 500) visa. For example, to change from a bachelor degree to a diploma course, you would need to apply for a new student visa. Your current visa subclass would not be the right one for your new course.
Education sectors in Australia include:
- English Language Intensive Course for Overseas Students (ELICOS) sector
- Schools sector (primary and secondary)
- Vocational Education and Training sector
- Higher Education sector
- Postgraduate Research sector
- Non Award sector
- Foreign Affairs or Defence sector
You want to change your education provider but you have not completed 6 months of your main course
If you have completed less than 6 months of your main course, you can only change education providers in some situations. It is important that you first check your education provider’s transfer policy and then contact the institution before you decide to enroll somewhere else. If in any event, your transfer is not approved, do not fret because you still have options. You can either:
- appeal the decision through your education provider’s appeal process.
- appeal the decision to you your state or territory Ombudsman
- appeal the decision to the Overseas Student Ombudsman
You are no longer want to study or attend your course
If you are no longer want to continue study in your chosen course, you might be breaching your visa conditions. If you have stopped attending classes, you might also be breaching the conditions of your visa and your visa might be cancelled. You must always ensure that you continue to meet all the conditions on your visa. However, if you no longer want to study, you must either:
- apply for a new visa or,
- make travel plans to leave Australia within 28 days of ceasing study
If you have applied for a new visa, you must still meet the conditions on your current Student visa until the Department decides your application, so while you wait, you will be required to keep attending your classes
Congrats! You finished your course early!
If you finished your course early, you need to make sure you continue to meet the conditions of your visa. Believe it or not, there are situations where your visa can be cancelled just because you finished your course early. If this happens, you need to either apply for a new visa or make travel plans to go back to your home country within 28 days of finishing your main course. Other situations include:
- You changed courses after your Student visa was granted, and the new Confirmation of Enrolment for your main course has a shorter end date.
- You are studying more than one course on your Student visa, and there is a quite a bit of time (more than 2 months, except where a standard academic year ends and begins) for you to wait before the next course starts.
You want to defer your course due to compassionate or compelling reasons
There are limited circumstances that will permit you to defer your studies if you are a student visa holder. Where your education provider has let you take a leave of absence for compassionate or compelling reasons, they will enter your information in a system so that the Department can see the approval. Your education provider can cancel your Confirmation of Enrolment (CoE), and your visa may be cancelled, if:
- you gave false documents to defer your course
- the situation for deferring has passed and you have not resumed your studies
You can remain in Australia or travel overseas if you have deferred your course for compassionate and compelling reasons and still remain enrolled.
You want to change your welfare arrangements
If you want to change your welfare arrangements, the Department will first need to approve this. If your student guardian needs to leave Australia while you stay here, you must make alternative arrangements. Your student guardian must provide evidence:
- there is a compelling and compassionate reason for their travel
- they have made alternative welfare arrangements for your accommodation, general welfare and support until they return
You can also request approval of alternative welfare arrangements and there are 2 options that you can take:
- Your student guardian can nominate another student guardian. This person must be (except in limited situations) a parent or relative aged 21 years or over.
- Your education provider can take responsibility for your welfare by issuing a Confirmation of Appropriate Accommodation and Welfare (CAAW) letter. This letter must outline the start and end dates of the alternative welfare arrangements.
If your guardian holds a Student Guardian visa, the Department will let you or your guardian know if they have approved the alternative arrangements. Please note, that your guardian cannot leave Australia without you if the Department does not approve the arrangements. If you do not maintain adequate welfare arrangements, your visa can be cancelled.
Our Registered Migration Agents at Migration Centre of Australia have been in the migration industry for many years and have helped thousands of clients onshore and offshore. We are trained professionals in Australian Migration Law and we are trusted providers in the industry for our services. If you are on a student visa and you want to know more about what to do if your situation has changed, or you would like to appeal a decision regarding your request for change, contact us today on (02) 4626 1002 or send us an email at info@migrationcentreofaustralia.com.au and one of my registered migration agents will be ready to help you.
