The Minister for Home Affairs released the Government's new Migration Strategy on Monday. Read our update on the key reforms of Australia's new Migration Strategy.

This update focuses on the key reforms of most relevance to the international education sector.

Key actions in the Migration Strategy

Following the release of the Nixon review in October 2023 which recommended significant changes to the student visa system, the Government has included within its 8 key actions of the Strategy 'strengthening the integrity and quality of international education'.

The Strategy states that the reasons for the focus on the international education sector include:

• Concern for the growing number of non-genuine students – where some education providers help non-genuine students gain access to Australia's labour market using a student visa.
• Particular concern for some private providers in the Vocational Education and Training (VET) sector with lower fees and short course durations, where there are financial incentives for non-genuine study. The Nixon Review in particular noted that exploitation of the student visa program 'appears more prevalent' among VET courses, with some non-genuine providers maintaining student enrolment without attending classes.
• Ensuring integrity, reputation and public confidence in the international education sector.
• Ensuring international students reach their potential, noting there is currently a significant mismatch between qualifications of international graduates and the work being performed, which is significantly below their skill level.
• Addressing the much higher risk of worker exploitation faced by temporary migrants (including students).

The announced changes will apply across the student visa framework and all providers across the international education sector. However, the effect of these changes are designed to primarily impact education providers with a 'high-risk' rating and VET education providers.

Broad integrity measures affecting both education providers and students

A number of measures are focused more broadly at the integrity of education providers and students utilising the student visa program.

Changes already announced earlier this year, some of which have already been implemented, include:

• Removing the mechanism for students to switch to a 'lower-quality' education provider onshore to facilitate work in Australia ahead of study.
• Additional investment to bolster capacity of ASQA through establishing an Integrity Unit.
• Strengthening the fit and proper person requirements for VET providers, with the intention to amend the test in the Education Services for Overseas Students Act 2000 (Cth) (ESOS Act).
• Increasing provider reporting requirements and acting to prohibit agent commissions for onshore transfers between providers.
• Developing new risk indicators for education providers.
• Consulting with stakeholders to consider the Government's power to issue suspension certificates to high-risk education providers under the ESOS Act.
• Exploring the regulation of education agents through the Office of the Migration Agents Regulation Authority.
• Increased investment to bolster the student visa integrity unit at the Department of Home Affairs.

New commitments announced in the Migration Strategy, intended to be implemented by the end of 2024, include:

• Strengthening education provider requirements to report students English language proficiency at enrolment. The specifics of these reporting requirements have not been announced.
• Strengthening requirements for international education providers, to assist regulators in addressing 'unscrupulous' provider behaviour. The specifics of what requirements will be adjusted have not been announced.

Specific changes to student visas

Other measures are specific adjustments to student visa requirements.

The only significant changes this year to student visa requirements have been:

• Increase to level of savings student visa applicants must demonstrate to cover living costs.
• Increasing the number of work hours from 40 to 48 hours per fortnight for student visa holders (unless otherwise exempt).
• Removing concurrent enrolments for the first six months of study.

Changes newly announced, intended to be implemented in 2024, include:

• Introduction of a new Genuine Student test for all international students. This will replace the current 'Genuine Temporary Entrant' requirement.
• Changes to the prioritisation of student visa processing, to prioritise applications to study at low risk education providers.
• Increase English language requirements for international students. The new English language thresholds will be IELTS 5.0 or equivalent for ELICOS student visa applicants; IELTS 5.5 or equivalent for student visa applicants undertaking foundation or pathway programs with reputable English language training; and IELTS 6.0 or equivalent for other student visa applicants.
• Greater scrutiny on subsequent student visa applications for existing student visa holders, to ensure additional study is furthering career or academic aspirations.
• Restrictions to Temporary Graduate visa holders from transferring back to student visas while onshore.

At this stage, the Strategy does not address the intention to pose a cap on student visa applications. However, the Minister for Home Affairs has indicated this is a possibility, if the announced measures alone do not address the increases in international student visa numbers.

Changes to Temporary Graduate visas

In addition to adjustments to the student visa program, the Strategy also addressed changes to the Temporary Graduate visa program, for implementation in 2024:

• Increasing the English language requirement to IELTS 6.5 or equivalent.
• Reducing the age limit for visa applicants to 35 (down from 50).
• Renaming the two streams of visa to 'Post-Higher Education Work' and 'Post-Vocational Education Work' to better describe the categories of graduates applying.
• Implementing a 21 day service standard for applications under the 'Post-Higher Education Work' stream.
• The length of initial Temporary Graduate visas will be reduced. Those graduating from a Bachelor degree or Masters by coursework will be provided with a 2 year visa. Those graduating from a Masters by research or PhD will be provided with a 3 year visa.
• Graduates from study in regional areas will continue to have access to a subsequent Temporary Graduate visa of 1-2 years in length, depending on the location of their study.
• The work experience requirement for temporary work visas (currently the TSS visa and in the future the Skills in Demand visa) will be changed for Temporary Graduate visa holders, to enable better transition to a temporary skilled migration visa.
• The Skilled Recognised Graduate (subclass 476) visa, currently only accessible for engineering graduates, will be abolished.

We're here to help navigate the changes to Australia's Migration Strategy. If you have any questions, please don't hesitate to contact us.