Welcome to the latest edition of IMMIGRATION NEWS and to the new subscribers. This free service is brought to you by Australian Immigration Law Services. For new readers you can subscribe using the link on the right hand side or by visiting our website. Please feel free to forward this e-mail to any of your friends.

STUDENT VISA CONDITIONS 

Any student visa contains various conditions as a part of the grant of the visa. It is obligatory for student visa holders and their dependents to comply with the conditions defined on their visa. Any breach of these rules can lead to a visa cancellation procedure, the worst nightmare of any international student.

These requirements are encapsulated in various clauses, which cover most circumstances a student might face.

A visa holder will not meet satisfactory course progress requirement if the following occurs:

The education provider has certified the holder, for a registered course undertaken by the holder, as not achieving satisfactory course progress for:

i) Section 19 of the Education Services for Overseas Students Act 2000

and

Students who are:

• Completing a course that finishes at the end of the standard academic year and that is a full academic year in duration (that is, a course that starts in February/ March and ends in November/ December) and
• Enrolled in a course commencing at the beginning of the following standard academic year

are considered to be complying with the clause 8202(2) of this condition.

The National Code permits the accrediting authority to determine the length of an academic year. If no period is set by the accrediting authority, it is 36 weeks.)

Students completing a course that:

• finishes at the end of the standard academic year and
• was less than an academic year in duration

may be considered to be complying with clause 8202(2) of this visa condition if:

• the course was part of a package of courses in relation to which a visa has been previously granted and

they are enrolled in a course commencing at the beginning of the following standard academic year.

Students completing a course that finishes during the standard academic year may be considered to be complying with clause 8202(2) of this condition provided no more than two months elapse before they begin another course.

Students completing their course ahead of schedule may be considered to be complying with clause 8202(2) of this condition provided no more than two months elapse before they begin another course.

Students who fall ill during semesters should apply to their education provider for permission to take leave from their course. If the student's leave is not approved and the are absent for more than 20%of the scheduled hours for their course they may be subject to visa cancellation procedure.

Registered providers may only enable students to defer or temporarily suspend their studies, including granting leave of absence, during the course through a formal agreement in certain limited circumstances.

Students who fall ill and are expected to require leave from their studies for a significant period should apply to their education provider to defer their studies.

If during a deferral period the student continues to be enrolled, they remain compliant with condition 8202.

Student visa holders may be subject to visa cancellation if they education provider has deferred/ suspended the student's study for any of the following reasons:

• the conduct of the student
• the student deferred or suspended their studies for reasons other than compassionate or compelling circumstances.
• the compassionate or compelling circumstances which warranted the deferral/ suspension of studies have ceased to exist;
• the deferral/suspension was based on fraudulent evidence or document/s given to the education provider.

Students who need to leave Australia for compassionate reasons during semesters should apply to their education provider for leave from their course.

If the deferral/suspension is approved, the education provider reports this approval via PRISMS to the department. If during this period of deferral the student continues to remain enrolled, they remain compliant with condition 8202.

Approved research/fieldwork outside Australia as part of a course is permissible, provided the primary applicant remains enrolled for the duration of the fieldwork/research.

Student visa holders in Australia are allowed to participate in an international exchange program provided:

*      the study or training to be undertaken is an assessable part of the student's full-time course in Australia and has been approved as part of the registration process for the course and

*      the exchange is for no more than 12 months and

*      family members who are in Australia accompany the student if the exchange is for more than 6 months

Next week we will cover the PAM's on Attendance Requirements

DIAC found to be too greedy on fee increases  

DIAC announced the increase in fees which began on the 1st September 2013. According to the updated charges the second instalment for Parent visa subclass 143 was to be raised to $48,550 from $42,220. 

However the DIAC pricing table  still shows the charge as $42,220.

Archives, some light reading

Bored? Nothing to do in the dead of night when you can`t sleep?

Try one of our historical newsletters to read, that will do the trick.

For our older newsletters they can be found on our web site through the following link;