Newsletter 188

Over 90,000 kids to benefit from a boost to language schools 

A Chinese language institution in Toowoomba and a Ukrainian educational center in Perth are among the 600 community language schools slated to receive support under the Albanese Labor Government’s initiative aimed at maintaining children’s language connections.

Recently announced, the $15 million program is intended to directly benefit over 90,000 students studying 84 different languages at non-profit Community Language Schools across all states and territories.

This funding will aid schools in enhancing their capacity to educate more students, whether through acquiring educational resources, improving accessibility for underprivileged students, bolstering online teaching capabilities, or establishing additional campuses.

Such an investment aims to facilitate broader access for Australian children to learn the languages and traditions of their migrant families, ensuring the preservation of our diverse cultural heritage for future generations.

Changes to the Temporary Graduate visa program – proposed 1 July 2024

Graduate Work stream

The Graduate Work stream is set to undergo a name change to become the Post-Vocational Education Work stream.

The upper age limit for applicants to the Post-Vocational Education Work stream will be lowered to 35 years old or younger. However, Hong Kong and British National Overseas passport holders can still apply as long as they are under 50 years old. Those who no longer qualify for the Post-Vocational Education Work stream due to the age adjustment may find eligibility for alternative visa options.

Post-Study Work stream

The Post-Study Work stream is slated to undergo a name change to become the Post-Higher Education Work stream.

The upper age limit for applicants to the Post-Higher Education Work stream will be lowered to 35 years old or younger. Nevertheless, individuals holding Hong Kong and British National Overseas passports can still apply, provided they are under 50 years old. Those who no longer meet the age requirement for the Post-Higher Education Work stream may find eligibility for various other visa options.

The ‘select degree’ 2 year extension will cease.

Stay periods will change to the following:

• Bachelor degree (including honours) – up to 2 years
• Masters (coursework and extended) – up to 2 years
• Masters (research) and doctoral degree (PhD) – up to 3 years.

Hong Kong and British National Overseas passport holders may be able to stay for up to 5 years.

Stay periods for Indian nationals, as agreed in the Australian Indian – Economic Cooperation and Trade Agreement (AI-ECTA), remain as:

• Bachelor degree (including honours) – up to 2 years
• Bachelor degree (with first class honours in STEM, including ICT) – up to 3 years
• Masters (coursework, extended and research) – up to 3 years
• Doctoral degrees (PhD) – up to 4 years.

Second Post-Study Work stream

The Second Post-Study Work stream will be renamed the Second Post-Higher Education Work stream. There are no other changes to this stream.

Replacement stream

The Replacement stream will cease.

Student Visa English Requirement through Eligible Pathway Program

Earlier this year, on 23 March 2024, the Department introduced changes to English tests and exemptions for student visa applicants (subclass 500), including eligibility through a pathway program if they did not meet the English score requirement.
What is an eligible pathway program?

It is a course recognized by the Department, offering successful completion leading to an academic entry pathway to second-year Australian undergraduate study, along with reputable English language training.

Now, the Department has released the list of courses and colleges eligible for the pathway program. Click the link to find out:

1. The English requirement table and how it impacts your eligibility for the pathway program.
2. Universities/colleges and registered courses eligible for the pathway program.

Health Assessment for Subclass 309/100 Visa Applications regarding Secondary applicants aged 23 years or older

Health requirements for visa applicants

All applicants for the Subclass 309/100 visa are mandated to undergo permanent IMEs (Immigration Medical Examinations) at one of the Department’s approved medical facilities for assessment against Public Interest Criteria 4007, which pertains to the health requirement. During these IMEs, panel doctors collect information regarding the applicant’s medical history, including details about various medical conditions.

Applicants pledge on their visa application forms to provide accurate and complete information concerning their visa application. Any failure to furnish accurate and complete information during the IME process, such as providing misleading responses to queries posed by the panel doctor regarding their medical history, may be viewed by the Department as a violation of this declaration.

Current issues of interest observed by the Department

The Department has observed recent occurrences within the Partner (Provisional) – Subclass 309 application group concerning secondary applicants aged 23 years or older, following this specific sequence of events:

• The secondary visa applicant completes an Immigration Medical Examination (IME) during which no significant health concerns are reported or raised.
• The secondary visa applicant receives a ‘Meets Health’ outcome, indicating no apparent medical issues.
• Later on, through the natural justice process, the secondary visa applicant is informed that they cannot meet the ‘Member of Family Unit’ visa requirements due to being 23 years of age or older.
• In response to the natural justice letter, additional medical information is provided, revealing that the secondary visa applicant has a significant medical condition requiring assistance from another person. This new medical information appears to contradict the previous ‘Meets Health’ outcome, and there is no indication it was disclosed to the panel doctor during the IME.

The Department’s position on the provision of health information to panel doctors

While the Department acknowledges situations where secondary applicants age out due to factors beyond their control, this does not justify the provision of false or misleading information to meet visa requirements. The Department maintains that any pre-existing medical condition likely to result in total or partial loss of bodily or mental functions, or significant enough to hinder future employment or independent living, should be disclosed during the initial IME process.

The Department finds it concerning when such medical information is provided after a health clearance based on an IME, without prior mention. In the future, the Department may require visa applicants to undergo a repeat health examination if inconsistencies arise between a previous health clearance and subsequent medical information. In such cases, visa applicants would be asked to provide additional medical information to a panel doctor during the repeat health examination.