To inspire confidence in Australia’s education sector, the acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs announced today in a joint media release that the processing of offshore student visa applications will resume despite Australia’s international borders remaining closed to most. Other benefits for those affected by COVID-19 include zero visa application charges for those needing new student visas, online study counting towards a graduate visa, being able to apply for a graduate visa outside Australia, and additional time given to applicants to provide English test results.

Except for the State of Victoria, for which most of the population is subject to a second and harsher lockdown, the rest of Australia is cautiously lifting restrictions to some sort of normalcy.

Perhaps in preparation for Australia’s borders to finally start lifting or more likely to shore up the education sector which contributes $40 billion annually to Australia’s economy, offshore student visa processing will resume despite no indication or timeline for when student visa holders will be able to enter Australia. Currently, student visa holders would not meet the requirements for a travel exemption.

The announcement to resume processing also comes with other benefits to international students. To encourage student visa applications, any current or future student visa holder who requires a new student visa due to being unable to complete their studies because of COVID-19 will not have to pay any visa application charge for that new visa. This should include any secondary visa applicants as well.

Flow-on benefits also relate to Subclass 485 – Temporary Graduate visa applications, which is a visa for eligible student visa holders or former eligible student visa holders who recently completed a certain course of study. An eligible student visa is defined as a student visa other than a visa granted to a Foreign Affairs student or Defence Student, or a secondary student visa holder (a partner or dependent child of a primary student visa holder).

The first is that student visa holders who are studying online and outside Australia due to COVID-19 will be able to count that time towards the Australian study requirement. One of the criteria is that the person who seeks to meet the Australian study requirement undertook their relevant study while in Australia as the holder of a visa authorising them to study. This is likely to be a beneficial policy interpretation instead of an amendment to the particular regulation that defines the Australian study requirement.

The second is that student visa holders will be able to apply for a “post-study work visa outside Australia if they are unable to return due to COVID-19.” To validly lodge a 485 visa, primary applicants currently must be in Australia when lodging their application, among other things. Whether that relates to all 485 visa applicants or only applicants applying under the Post-Study Work stream is unknown.

Lastly, additional time to demonstrate necessary English language test results for visa applicants will be provided where COVID-19 has adversely affected access to these services. Doubt exists whether this applies to student visa or 485 visa applicants or applicants for any visa which requires English language testing.

One of the issues COVID-19 has created is that English language testing centres have suspended or reduced the number of tests available. This has wreaked havoc for those who require English to be satisfied at the time of applying for a specific visa, especially when they must apply prior to the expiry of any existing visa. For example, Subclass 186 – Employer Nomination Scheme visas and Subclass 494 – Skilled Employer Sponsored Regional (Provisional) visas require English to be satisfied at the time of application. Unless an applicant is exempt, the current regulations state the application must be refused if an approved English language test with relevant minimum scores was not conducted in the 3 years immediately before the day the application was made.

It is hoped further clarification, perhaps by the registering of legislative instruments, will be provided sooner rather than later.