LML6003 Australia’s Visa System Assignment Sample

LML6003 Australia’s Visa System Assignment

SCENARIO

You are a registered migration agent and to increase your presence in the industry, you regularly post changes in the migration program on LinkedIn. You recently posted about the changes to the student visa program in Australia. You have noticed that posting about changes such as this one increases the number of client referrals to your firm for migration matters. Your post about the changes to the student visa program and receive a lot of likes and reactions, so much so that a fellow registered migration agent sent you a message on LinkedIn asking whether you would take on the following case. You instantly reply and ask the other agent to pass on your details to the client.

On receiving your details, the client calls you. His name is Vlad Hagi and he is a citizen of Romania. Vlad is 25 years old and arrived in Australia on an eVisitor (Subclass 651) visa to attend his sister’s wedding. Vlad was granted the eVisitor (Subclass 651) in January 2024. Today, two weeks prior to when his permitted travel period ceased for this visit, he applied for a Student (Subclass 500) visa as he enjoyed his lifestyle in Australia very much and wanted to begin his Bachelor studies in Marketing in Australia rather than back home in Romania. He has already received an offer in Romania to begin his Bachelor of Marketing at a leading university there.

Vlad made enquiries and he was successful in obtaining a COE from Victoria University for a Bachelor of Marketing and the course is due to begin in February 2025. The course duration is three years to complete as a full time student.

As part of his Student visa application, Vlad included a copy of the following documents:

1. A statement outlining his intention to study.

2. Financial documents evidencing that his brother’s personal annual income is the equivalent of AUD90,000 to demonstrate he has access to sufficient funds to support his stay in Australia.

3. Proof of his current health insurance valid until the date his current eVisitor ceases to be in effect.

4. Police check dated 20 August 2024.

After Vlad lodged his student visa application online he contacted your office on the same day
as he was not sure what would happen next and would like your advice on the following questions. Vlad wants to ensure he will be able to study in Australia.

QUESTIONS

1. What is Vlad’s current visa status and can he begin studying now?

2. What is the current processing time for a student visa?

3. What advice would you provide Vlad about his current student visa application?

You must support your answers by reference to the specific legislative provisions.

Solution

1. Vlad’s Current Visa Status and Study Eligibility

Vlad is currently in Australia on an eVisitor (Subclass 651) visa which he got in January 2024. The eVisitor visa is a short-stay visa for temporary purposes, for example; tourism, to visit relatives, attending an event with the maximum possible duration of stay till 3 months (Wallis, 2023). From the conditions that have been placed on this visa under the Migration Regulations 1994, Subclass 651 visa holder is not allowed to work and is not allowed to start long term studies (Torlinska, Albani & Brown, 2020). For this reason, Vlad cannot enroll into the Bachelor of Marketing at Victoria University while on such a visa now. If Vlad has now applied for a Student (Subclass 500) visa, then because of this submission, he is issued a Bridging Visa A (BVA) under Section 73 of the Migration Act 1958. BVA is usually issued to persons who have applied for a substantive visa while in Australia and hold them legally until their visa application is approved.

Study Eligibility

If Vlad wants to start learning before a decision concerning the Student (Subclass 500) visa is made, he would have to request a change in the conditions of his Bridging Visa A. He would require asking for permission to study, which may or may not be granted on circumstances. Vlad must also note that getting student visa requested also does not mean he has an automatic permission (Wright & Clibborn, 2020). He will have to stay within the conditions of his stipulated visa until the student visa one is granted to him.

For this reason, Vlad’s current visa status prevents him from beginning his studies. He has to wait for the grant of his Student (Subclass 500) visa or do what is required to change the terms and conditions of his BVA to enable him legally study in Australia.

2. Processing Time for a Student Visa

The time for the application for MBA Assignment Expert consideration could also be different and can depends on some factors including the applicant country, case and circumstances, and also on how complete is the papers of the application forwarded by the applicant. In general, the Department of Home Affairs have the approximate processing time for the different classes of visas (Dunn et al. 2024). This data of current processing time of Student (Subclass 500) visa indicate that 25% of application is processed in one month, 50% application is processed in two months, 75% application in three months and around 90% of application in five display.

Referring to Vlad’s case, he has submitted all necessary papers including the application that must facilitate the procedure. These documents include his Confirmation of Enrolment (COE) from Victoria University which is basic requirement under the Migration Regulations 1994 (Smith-Khan, 2021). The same will show that he is enrolled in a “recognized course” in a reputed University. Even, Vlad has submitted the details of reasonable capacity to pay the fees and expenses of this application. Vlad’s brother’s yearly income is more than AU$ 90 000 which is mentioned in Schedule 5A of the Migration Regulations. He has also had to enclose the copies of his health insurance and undergo police verification on 20 August 2024 to meet the character requirement to the visa type.

Vlad’s application may take about two to three months to be processed. Even, the concerned department may request the submission of additional documents or explanations that would prolong the time period. It is also essential to consider ImmiAccount in relation to the application related activity (Duncan et al. 2020).

3. Advice Regarding Vlad’s Student Visa Application

There are number of areas which might need more attention to be successful in Vlad’s application and to eliminate any fear which might exists in the mind of the concerned Department. In his application one investment aspect that would receive much attention was his financial resource. He has provided some documents which states that his brother earns approximately AUD 90000. This income has to be realized as available to maintain Vlad in Australia. The Migration Regulations even state that documents to present available cash must also be enough for the other expenditures necessary while living in Australia for the time they are studying.

Another other major aspect of Vlad’s application was the GTE criterion in the policy of Department of Home Affairs on the student visa (Tran & Phan, 2024). Vlad has retained an affidavit saying how he planned his education in Australian country. It is significant to state that an eVisitor visa is the kind of visa that Vlad could get to visit Australia. Apart from that, Vlad need to be prepared to show some root in Romanian such as property, job opportunities etc. This will be advantageous in making a proves that he wants to reside in Romania after his or her studies.

In addition, Vlad has to implement some alteration to the health insurance policy to match the student visa timeframe instead of the eVisitor visa expiration date. If his current insurance policy doesn’t include the eVisitor visa validity period, he must check sooner the appropriate Overseas Student Health Cover (OSHC) for the time he plans to stay in Australia (Waite, 2020).

Last but not least; Vlad need to wait for the Department to process the visa formally for him to continue with studies at the Victoria University. Despite this he has been granted a Bridging Visa A. It is essential to state that this kind of visa does not permit further continuation of Study (Wood, Leech & Margerison, 2024). He wants to commence his course before being issued a student visa. This is the reason why he may need to apply for a variation of the condition of his Bridging visa A (BVA). The same will enable him to continue his study.

In a nutshell, Visa application is a multi-step initiative. Referring to the information stated in this paper, overall probability of Vlad’s application to become successful is very high. Still, it will not be a bad idea to be more careful with two aspects when speaking of financial proof and GTE requirement. His health insurance will be thoroughly checked for this purpose. Moreover, he cannot start his study without permission and this is can be in the form of student visa or variation to condition of his Bridging Visa A. In accordance with the information provided in the case scenario, Vlad has improved his opportunities and will get overall success in the process of the student visa application.

Reference List

Duncan, A., Harris, M. N., Mavisakalyan, A., & Nguyen, T. (2020). Migration flows in commodity cycles: Assessing the role of migration policies. European Economic Review, 127, 103458.Retrieved from: https://doi.org/10.1016/j.euroecorev.2020.103458 [Retrieved on 27 September 2024]

Dunn, A., Harrison, H., Northam, H. L., Tie, Y. C., & Birks, M. (2024). Master of nursing programs in Australia: A desktop analysis. Heliyon, 10(15). Retrieved from:https://doi.org/10.1016/j.heliyon.2024.e35416 [Retrieved on 25 September 2024]

Smith-Khan, L. (2021). ‘Common language’and proficiency tests: a critical examination of registration requirements for Australian registered migration agents. Griffith Law Review, 30(1), 97-121. Retrieved from: https://doi.org/10.1080/10383441.2021.1900031[Retrieved on 26 September 2024]

Torlinska, J., Albani, V., & Brown, H. (2020). Financial hardship and health in a refugee population in Australia: A longitudinal study. Journal of migration and health, 1, 100030. Retrieved from: https://doi.org/10.1016/j.jmh.2020.100030 [Retrieved on 26 September 2024]

Tran, L. T., & Phan, H. L. T. (2024). Conceptualising mobility as becoming, connecting and contributing: Australian New Colombo Plan scholars learning abroad in the Indo-Pacific region. International Journal of Educational Research, 127, 102429. Retrieved from: https://doi.org/10.1016/j.ijer.2024.102429 [Retrieved on 25 September 2024]

Waite, C. (2020). Enabling and constrainng migration: the multiscalar management of temporary, skilled, international migration of English professional cricketers. Sport in Society, 23(1), 102-115. Retrieved from: https://doi.org/10.1080/17430437.2018.1555226 [Retrieved on 26 September 2024]

Wallis, J. (2023). The enclosure and exclusion of Australia's ‘Pacific family’. Political Geography, 106, 102935. Retrieved from: https://doi.org/10.1016/j.polgeo.2023.102935 [Retrieved on 25 September 2024]

Wood, J. M., Leech, R. M., & Margerison, C. (2024). The prevalence of food insecurity amongst refugees and asylum seekers during, and prior to, their early resettlement period in Australia: A cross-sectional analysis of the ‘Building a New Life in Australia’data. Appetite, 196, 107273. Retrieved from: https://doi.org/10.1016/j.appet.2024.107273 [Retrieved on 27 September 2024]

Wright, C. F., & Clibborn, S. (2020). A guest-worker state? The declining power and agency of migrant labour in Australia. The Economic and Labour Relations Review, 31(1), 34-58. Retrieved from: https://doi.org/10.1177/1035304619897670 [Retrieved on 27 September 2024]