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Sunday, April 27, 2008

Various Visa conditions

The following post describes various conditions which can be imposed on your student visa. You must know what visa conditions are on your student visa and what their implications are.

Most of the conditions explained in the post are on student visas. Conditions imposed on the family members accompanying students are also listed in the post.

8105

  • You cannot work more than 20 hours per week* when your course is in session (other than work which has been registered as a part of the course).
  • Note: No work limits apply during recognised periods of vacation offered by your education provider.
  • You cannot undertake work until you have commenced your course in Australia.
  • *A week begins on a Monday and ends on the following Sunday.

8202

  • You must remain enrolled in a registered course (unless you are an AusAID/Defence student or secondary exchange student in which case you must maintain full-time enrolment in your course of study or training).
  • Note: a registered course is one that is on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS).
  • See: CRICOS website
  • You must maintain satisfactory attendance in your course and course progress for each study period as required by your education provider.
8501
  • You must maintain adequate arrangements for health insurance during your stay in Australia.
  • Note: Under policy, this means that you must maintain Overseas Student Health Cover (OSHC).
8516
  • You must continue to satisfy the requirements for grant of your student visa. This means, for example, that your main course of study must continue to be a course in the education sector that matches your student visa, and that you must continue to have sufficient financial capacity to support your study and stay in Australia.
8517
  • You must maintain adequate schooling arrangements for your school-age dependents who joined you Australia on a student dependent visa for more than 3 months.
8532

If you have not turned 18 you must maintain adequate arrangements for your accommodation, support and general welfare for the duration of your stay in Australia.

To maintain adequate arrangements for welfare you must stay in Australia with:

  • your parent or legal custodian
    or
  • a relative who has been nominated by your parents or custodians who is aged over 21 and is of good character
    or
  • accommodation, support and general welfare arrangements that have been approved by your education provider.

Note: You must not change those arrangements without the written approval of your education provider.

If your welfare arrangements are approved by your education provider you must not travel to Australia until your welfare arrangements are due to commence.

8533

  • You must notify your education provider of your residential address in Australia within 7 days of arriving in Australia. You must notify your education provider of any change in your residential address within 7 days of the change. You must notify your education provider of a change of education provider within 7 days of receiving the electronic Confirmation of Enrolment certificate or evidence of enrolment.
8534

You are not entitled to be granted a further substantive visa, other than:

  • a Student visa with Permission to Work
    Note: if you apply for and are granted Permission to Work, this will change only the work conditions on your Student visa, all other conditions will remain the same including 8534
  • a further Student Guardian visa
    or
  • a visa to engage Australia's obligations under the 1951 United Nations convention relating to the status of refugees.
8535

You are not entitled to be granted a further substantive visa, other than:
  • a Student visa with permission to work
    Note: if you apply for and are granted permission to work, this will change only the work conditions on your Student visa, all other conditions will remain the same including 8535
  • a Student visa that is supported by the sponsoring government agency
    or
  • a visa to engage Australia's obligations under the 1951 United Nations convention relating to the status of refugees.

Note: The effect of this visa condition is that, except in extremely limited circumstances, it will not be possible for you to remain in Australia beyond the date authorised by your visa.

8101

  • You cannot work in Australia.
    Note: You may apply for a new Student visa with Permission to Work when you have arrived in Australia and commenced your course.
    See: Working While Studying
8203
  • You must not change your course, or your thesis or research topic, unless the department has granted approval.
8204

You must not undertake or change a course, or a thesis or research topic for a:
  • graduate certificate
  • graduate diploma
  • masters degree
  • doctorate
    or
  • a bridging course required as a prerequisite to a course of study or research for a master degree or a doctorate. Unless the department has granted approval.
8303
  • You must not become involved in any activities that are disruptive to, or in violence threaten harm to, the Australian community or a group within the Australian community.
8523
  • Your family unit members must not leave Australia later than you.
8534

You are not entitled to be granted a further substantive visa, other than:
  • a Student visa with Permission to Work
    Note: if you apply for and are granted Permission to Work, this will change only the work conditions on your student visa, all other conditions will remain the same including 8534
  • a Graduate-Skilled (subclass 497) visa
  • a further Student Guardian visa
    or
  • a visa to engage Australia's obligations under the 1951 United Nations convention relating to the status of refugees.

Note: The effect of this visa condition is that, except in extremely limited circumstances, it will not be possible for you to remain in Australia beyond the date authorised by your visa.

8535

You are not entitled to be granted a further substantive visa, other than:
  • a Student visa with permission to work
    Note: if you apply for and are granted permission to work, this will change only the work conditions on your student visa, all other conditions will remain the same including 8535
  • a Student visa that is supported by the sponsoring government agency
    or
  • a visa to engage Australia's obligations under the 1951 United Nations convention relating to the status of refugees.

Note: The effect of this visa condition is that, except in extremely limited circumstances, it will not be possible for you to remain in Australia beyond the date authorised by your visa.


Junaid

Migration Agent Registration Number: 0964018

18 comments:

Anonymous said...

hi, if i apply for a visa of 1-year postgraduate course would I be entitled to bring my husband? thank you.

Junaid Noor said...

**************

hi, if i apply for a visa of 1-year postgraduate course would I be entitled to bring my husband? thank you.

*************************

While you are certainly entitled to bring your husband along with you, however, the decision is still with the immigration officer to grant your husband visa or not.

Cheers

Junaid

Anonymous said...

hi junaid,

I am completing my 2 year course in Nov-08, and my visa is untill March-09. Untill what time i can lodge PR,if i meet all the points for PR.?

I have 3 queries as follows:-

1) can i lodge by March-09(within 6 mths) by staying in Australia itself ?

2)Can i travel overseas and comeback in between, once i complete my study and before i lodge the PR application?

3)or if i need to travel overseas after my study is over and i still have 4 months left with student visa, can i use it to travel or do i need a visa?

Your advice will be appreciated.



cheers

Raj

Junaid Noor said...

@Raj

hi junaid,

I am completing my 2 year course in Nov-08, and my visa is untill March-09. Untill what time i can lodge PR,if i meet all the points for PR.?

I have 3 queries as follows:-

1) can i lodge by March-09(within 6 mths) by staying in Australia itself ?

2)Can i travel overseas and comeback in between, once i complete my study and before i lodge the PR application?

3)or if i need to travel overseas after my study is over and i still have 4 months left with student visa, can i use it to travel or do i need a visa?

Your advice will be appreciated.



cheers

Raj


*************************


Q1.I am completing my 2 year course in Nov-08, and my visa is untill March-09. Untill what time i can lodge PR,if i meet all the points for PR.?

Ans. You must lodge your application within 6 months if the RELEASE OF YOUR RESULTS. Release of results is the day your result is announced and NOT when your convocation takes place.

By the way if you have completed your degree before the expiration of your student visa, your will be sent a notification from DIAC that they will be canceling your visa as your studies have finished and there is no need for you to stay in the country. Your visa expiry will be shortened till the time of your graduation. After graduation you will be required to leave the country as your visa will expire soon, unless you apply for another one.(This happened to my friend.)


Q2. 1) can i lodge by March-09(within 6 mths) by staying in Australia itself ?

You have to lodge your application

1) Before your student visa expires or is cancelled

AND

2) Within 6 months of the release of your results


2)Can i travel overseas and comeback in between, once i complete my study and before i lodge the PR application?

Yes you can travel overseas as long as you are on a student visa permitting multiple travel.

Once you lodge your application for an onshore application then you are on a bridging visa which requires the permission of the DIAC for over seas travel.



Q3.3)or if i need to travel overseas after my study is over and i still have 4 months left with student visa, can i use it to travel or do i need a visa?


Yes you can travel overseas on your student visa, but as suggested earlier, the DIAC will be notified by your university that your course has finished and then DIAC will ask your to leave the country.

Normally this will happen within 1 month of your successful completion of your degree. The DIAC will give you time till your graduation ceremony. Until that time you can travel overseas and come back.

Kind Regards

Junaid

Anonymous said...

hi junaid

i will be completing my study in Nov-08 and i have my student visa untill march-09. If i file my PR in nov-08, can i work full time or part time?
I am bit confused here as i will be granted bridging visa, but will that be effective only after my student visa expires or as soon as i file the application?
in that case what are my workrights? is it part-time of 20 hours or full time?

Your suggestion will be appreciated.

Thanks & regards

Raj

Anonymous said...

Hi junaid,

i have my visa untill
15th march-09. and my last semester results will be uploaded only by 10-12th march-09.
Now , i have the following queries.

1) Say, if the official announcement of the result is on
12th-march 09 (i.e. on uni.. web board) and my visa expires on
15th march-09(falls on sunday).
do i need to get the completion letter( which may take 2days)
before i file the application for PR or the officially declared date is the final one? can i obtain the completion letter after filing my appication

2) Say if the officially announcement date is 16th march-09 and my visa expires on
15th march-09 then what is the procedure i have to follow?

Junaid Noor said...

@Raj

*********************

hi junaid

i will be completing my study in Nov-08 and i have my student visa untill march-09. If i file my PR in nov-08, can i work full time or part time?
I am bit confused here as i will be granted bridging visa, but will that be effective only after my student visa expires or as soon as i file the application?
in that case what are my workrights? is it part-time of 20 hours or full time?

Your suggestion will be appreciated.

Thanks & regards

Raj



***********************

If i file my PR in nov-08, can i work full time or part time?

You will have full time work rights after you lodge your application for PR.


I am bit confused here as i will be granted bridging visa, but will that be effective only after my student visa expires or as soon as i file the application?

Yes, you are right that the bridging visa will be granted after your student visa expires but it is a condition of student visa that during non-academic periods of the year, you can work full time.

Hope that answers the question.

Kind Regards

Junaid

Junaid Noor said...

@Lok Bhatt

*****************************

Hi junaid,

i have my visa untill
15th march-09. and my last semester results will be uploaded only by 10-12th march-09.
Now , i have the following queries.

1) Say, if the official announcement of the result is on
12th-march 09 (i.e. on uni.. web board) and my visa expires on
15th march-09(falls on sunday).
do i need to get the completion letter( which may take 2days)
before i file the application for PR or the officially declared date is the final one? can i obtain the completion letter after filing my appication

2) Say if the officially announcement date is 16th march-09 and my visa expires on
15th march-09 then what is the procedure i have to follow?


************************

The simple answer would be that on the night on which your visa will expire, lodge an online application at 23:00 hrs.

The application is assigned to a case officer in another three to four months.

This will save you from becoming illegal for a few days.


When you lodge an online application, you are automatically given a bridging visa on the expiry of your student visa.

So when your student visa expires, you will be given a bridging visa on by the automated system.

The letter of completion and blah blah are required by the case officer once he opens the case which is 3 to 4 months away.

However, there is one thing which You must obtain before you lodge the application and that is your IELTS results.

As per new rules you must have GIVEN AND OBTAINED the results of your IELTS exam before you lodge the application.

Hope this answers the questions.

Kind Regards

Junaid

Anonymous said...

hi junaid,

What if my results are declared on 18th march-09 and i have visa untill 15th march-09.? Which visa should i file for?


regrds

lokbhatt

Junaid Noor said...

@Lok Bhatt

******************

hi junaid,

What if my results are declared on 18th march-09 and i have visa untill 15th march-09.? Which visa should i file for?


regrds

lokbhatt


************

I have already informed you that there is no rule which forbids you to lodge application for PR before the declaration of your results.

You can lodge the application before the announcement of your results.

However, you must lodge the application within 6 months of the announcement of your results.

In your case you cannot wait for 6 months as your visa will expire before your result is announced.

So lodge the application on the day your visa is expiring.

You must have received the results of your IELTS exam before you lodge the application.

Kind Regards

Junaid

Anonymous said...

hey junaid i got the same query that i am finishing my course in this nov next month so can i go to india and come back in february and lodge TR file before 15 march i got valid visa till 15 march.will they stop me to come back here.

Junaid Noor said...

@^^

hey junaid i got the same query that i am finishing my course in this nov next month so can i go to india and come back in february and lodge TR file before 15 march i got valid visa till 15 march.will they stop me to come back here.

*****************

If you are not restricted from multiple travel, then you can come and go to India as many times as long as your student visa is valid.

Yes you can lodge an application once you come back.

If the visa you are applying for has any conditions which require you to lodge the application within 6 months of the release of your results, then you must lodge your application within 6 months.

If you have studied for 2 years, then why are you applying for TR? Why not PR?

Kind Regards

Junaid

Unknown said...

Hi Junaid
I am a bit confused re the skill asessment in the skilled graduate temp visa checklist (visa subclass 485 ) I will obtain my Bachelor degree from Curtain in dec 08, do I still need to have my skill assessed ?or does it only apply for overseas quialification ?
Re IELTS test , if I have passed TEE English as part of my high schoolexam , do I still need to sit fof IELTS ?
Thank you so very much.
You have been most helpful .

Junaid Noor said...

@Chris

Hi Junaid
I am a bit confused re the skill asessment in the skilled graduate temp visa checklist (visa subclass 485 ) I will obtain my Bachelor degree from Curtain in dec 08, do I still need to have my skill assessed ?or does it only apply for overseas quialification ?
Re IELTS test , if I have passed TEE English as part of my high schoolexam , do I still need to sit fof IELTS ?
Thank you so very much.
You have been most helpful .



To apply for a graduate skilled visa 485, you


1. should be under 45 years of age

2. in the last six (6) months have completed an eligible qualification(s) as a result of at least two (2) years study in Australia

3. Are unable to meet the passmark on the points test for the Skilled – Independent (Residence) visa

4. have the skills and qualifications that meet the Australian standard for an occupation on the Skilled Occupation List (SOL) and your nominated occupation is classified as either a 60 point occupation or a 50 point occupation.


So to answer your question, Yes, you need to apply to your assessing body, get your skills assessed and then apply for 485 visa.

Regarding IELTS, if you are not from one of the following countries, then you need to sit in IELTS or OET.

United Kingdom (UK)
Canada
New Zealand
United States of America (USA)
Republic of Ireland.

Depending upon what profession you choose, you would either need to score band 6 or 4 in all modules of IELTS general version.

Kind Regards

Junaid

plg said...

Hi Junaid,
I am completing my bachelor degree in November 09 and my visa is until March 10. I intend to apply for 1 year visa to study honour the following year. Am I allowed to go back home on holiday and entry Australia in February 2010, THEN apply for a new student visa? If I lodge the application in November, am I allowed to travel overseas or need to stay and wait till the new visa is issued?

Thank you for your help.

Junaid Noor said...

@Plg

Yes you can travel provided you have multiple travel authorised on your visa.

If you do not have multiple travel then you can only leave Australia. You will not be allowed to re enter Australia.

Kind Regards

Junaid

Anonymous said...

Hi Junaid Bhai
I am from Bangladesh. I have decided to study in Australia in Master of Commerce (professional accounting) which is a 2 years full time course. Obviously, I chose this course for getting PR subsequently. Now, getting study visa seems to be most difficult for me and I am in dilemma because of my age. I am now 38 years old. Will it be a problem for getting Student visa? I have fulfilled all other requirements of the course and ready to apply for visa. Now only thing I need a green signal from u that my age will not bar me to get student visa. i would appreciate if u reply me to my email saadi5328@yahoo.com...thanks a lot.

Junaid Noor said...

@Saadi

Age is never a barrier for a student visa but it will be a problem while applying for PR as your age bracket will fetch you less marks.

The most important thing in a student visa is your finances and your IELTS score.

Kind Regards

Junaid