The Migration Amendment (Subclass 500 Visas) Regulations 2024 (the Amendment Regulations) amend the Migration Regulations 1994 to focus on the requirement that a Subclass 500 (Student) applicant must intend to genuinely enter and stay in Australia as a student, by removing the requirement that Student visa applicants intend to genuinely stay in Australia temporarily.
The Subclass 500 visa allows international students (and members of their family unit) to enter, study and work in Australia for the duration of the primary visa holder’s studies. Previously, in order for a Subclass 500 visa to be granted, an applicant needed to satisfy the genuine temporary entrant requirement that is the applicant intend to genuinely stay in Australia temporarily, which was a way of assessing that the applicant is a genuine student.
However, the requirement caused confusion and possibly deterred future migration to Australia, as many international students plan to apply for permanent residency after finishing their studies. The Subclass 500 visa can be a genuine route to permanent residency, as the skills gained from studying can help fill skill shortages in Australia.
The amendment aims to enhance the evaluation of a student’s genuine intention to study in Australia and better detect any non-genuine international students entering Australia for reasons other than study. With the amendment, the genuine student criterion enables the decision-maker to assess whether the visa applicant genuinely intends to enter and stay in Australia as a student, taking into account various factors such as the applicant’s situation, immigration history, adherence to visa conditions, and any other relevant factors.
The Instrument is registered on the Federal Register of Legislation on 18 March 2024 and commenced on 23 March 2024. It is currently in force.
To access the instrument, click here.
