"Intentions to temporarily reside" will no longer be a requirement for student visas starting March 23, 2024.
Changes to Student Visa Regulations in Australia
From March 23, 2024, the requirement for student visa applicants to have an intention to reside in Australia temporarily will be abolished. This change will affect all student visa applications submitted from that date onward.
The concept of temporary residency for student visa applicants has always been somewhat artificial from a legal perspective. The current Ministerial Direction preamble acknowledges this, stating that genuine temporary entrants may initially intend to stay temporarily in Australia but may later seek lawful means to remain in the country for an extended period or permanently.
Recognizing the potential confusion and discouragement caused by this criterion, the government will amend the Migration Regulations 1994 (Cth) to remove references to temporary residency intentions. This amendment will apply to both primary and secondary visa applicants, where applicable.
However, the removal of this criterion does not mean that the recent restrictions on student visa applications will be lifted. Applicants for the Subclass 500 - Student visa will still need to demonstrate genuine student status.
Assessment of applicants' entry and stay as students will continue to consider various factors, including their circumstances, immigration history, compliance with visa conditions, and the intentions of their parents, legal guardians, or spouses if they are minors, among other relevant matters.
This may shift scrutiny towards determining whether applicants have intentions beyond studying, such as working. Additionally, it may not alter the grounds for refusing a student visa for individuals who repeatedly apply without making course progress.
It is anticipated that a new ministerial direction will provide clear guidance for decision-makers on assessing the genuine student requirement. As ministerial directions must be followed, the current direction will no longer align with the amended regulations.