LML6003 Australia's Visa System Case Study 1 Sample

LML6003 Australia's Visa System Case Study 1

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 and arrived in Australia in August 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. What Is Vlad's Current Visa Status, And Can He Begin Studying Now?

Vlad Hagi has been in Australia on an eVisitor (Subclass 651) visa, which enables the holder to visit Australia for a fixed period, for tourism or business purposes only. Until now, he has applied only for a student (subclass 500) visa to start his Bachelor of Marketing at Victoria University in the February 2025 semester. The Australian legislation for MBA Assignment Expert is governed by the Migration Act 1958 and the Migration Regulations 1994. In Australia, a person on a valid visa has the right to study if his/her visa permits him/her to do so (Migration Act 1958, s 20) (Austlii.edu.au, 2024). Since the period of the eVisitor visa that has been granted for Vlad to stay in Australia expires two weeks after the application for the student visa is made, he is not legally permitted to start the courses in the university before the grant of the student visa. The eVisitor visa does not allow full-time study as it is designed to support people to visit for a short time only (Migration Regulations 1994, Reg 600.5) (Immigration and Citizenship Website, 2019).

Vlad has filled out all the important documents that should accompany a student visa application, including a Confirmation of Enrolment (COE) from Victoria University. In light of the Migration Act 1958, all the legislative requirements for approval of the student visa will be applied by the Department of Home Affairs for the approval or refusal of the visa application of the student. Since the approval of the student visa, Vlad cannot start the study process because he must follow the conditions of the existing visa (Fernandez and Ozyurek, 2024a). Thus, it remains important for him to check on the progress of his student visa application and consult again if need be to enable him to grasp the requirements of Australian migration laws (Migration Act 1958, s. 49).

2. What Is The Current Processing Time For A Student Visa?

The current processing time of a student (subclass 500) visa also depends on several factors, including the circumstances of the applicant and the extent to which the application form has been completed. The Department of Home Affairs estimated that the average processing time for most of student visa applications is between 4 and 12 weeks, although it could take longer depending on other circumstances, such as when the assessment requires additional documents and information (Wright and Clibborn, 2020).

501 & 502 of the Migration Act 1958 mandates the Department to deal with visa applications more effectively to meet the legislative requirement (Migration Act 1958, s. 49). The Migration Regulations 1994 also reveal that the basis for the assessment of the student visa is that the applicant has to provide evidence of his or her enrolment in a registered course in Australia as well as the extent of his or her financial resources to cater for his or her needs while in Australia (Migration Regulations 1994, reg. 500.211).

They should ensure that such documents as those of Vlad Hagi are well processed to prevent being caught up in a queue and take time before being processed (Fernandez and Ozyurek, 2024b). Submission of information in time and in full and without any omissions will greatly determine the length of time taken and allow applicants to start their studies as scheduled. Since the processing times are prone to variation by the department's load and legislation, aspiring applicants are advised to refer often to the Department of Home Affairs website for more information.

References

Austlii.edu.au. (2024). AustLII - Commonwealth Resources. [online] Available at: https://classic.austlii.edu.au/au/cth/.

Fernandez, R., and Ozyurek, S. (2024a). Australian Migration Legislation Collection Victoria university Melborne Australia. Volume 2

Fernandez, R., and Ozyurek, S. (2024b). Australian Migration Legislation Collection Victoria university Melborne Australia. Volume 1

Immigration and citizenship Website. (2019). Immigration and citizenship Website. [online] Available at: https://immi.homeaffairs.gov.au/help-support/tools/legendcom

Wright, C. F., and 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. https://journals.sagepub.com/doi/pdf/10.1177/1035304619897670