Visa Newsletters

August 2005

Changes to the ´2 Year Study´ requirement - Skilled Overseas Student Visas

The Department of Immigration has announced that effective from 1 September 2005, the '2 year study requirement' will be modified to enable students undertaking the equivalent of 2 years study in a minimum of 16 months to satisfy this requirement. This policy change recognises that many educational institutions have introduced new academic year arrangements whereby 3 semesters of equal length are offered in a single calendar year, rather than the traditional 2 semesters.

From 1 September 2005, students will meet the '2 year study requirement' if they can demonstrate that they have completed the equivalent of 2 years, that is 4 semesters/terms of full-time study in a minimum of 16 months.

Other requirements remain unchanged - that each course of study undertaken must be:

• CRICOS Registered; 
• conducted entirely in English; 
• undertaken in Australia at an Australian educational institution; and 
• involve a full-time study load for each term/semester of study. 

NSW not participating in the Investor Retirement visa program

In our July Visa Alert, we reported that the Investor Retirement visa (Subclass 405) was to commence on 1 July 2005. The NSW Government has since advised the Department of Immigration that they will not participate in the Investor Retirement visa program.

The practical effect is that prospective applicants will not be able to apply for an Investor Retirement visa if they plan to live in NSW.

Optional visa evidencing - what you need to know

From 1 July 2005, an increasing number of Australian visas will become label free. When the Department decides that a particular type of visa is to become label free, these visas will usually be granted without a label. However, evidencing of those visas will still be possible where required. For example, a label may be given where the applicants will need to verify their visa information to organisations or authorities that do not have access to the Department's electronic visa records or to the Internet.

For this reason, the visa applicants/their agents should tell the Department if they are aware of any specific circumstances where the visa applicants may require a label. These may be situations where the applicants plan to travel through a country or region in which they will need to show documentary evidence of their visa for transit or exit purposes, or where they may need a visa label in order to obtain Australian currency in their own country. 

If a visa holder needs a label after the visa has been granted, the visa may be able to be evidenced with a label at the nearest Australian embassy or immigration office. Usually a label will be given, after a visa is granted, only where the visa holder needs to verify visa information to people, or organisations, that do not have access to the Department's electronic visa records or to the Internet.

Please note that a visa holder´s details can usually be checked electronically. Airport and immigration or customs officers verify the visa holder´s visa information electronically against their passport details. For visa entitlements, such as work rights, DIMIA´s Entitlement Verification Online (EVO) facility enables the visa holder and certain third parties, such as employers and government agencies, to check clients´ visa information with their consent online. For further information on EVO, please refer to the DIMIA website www.immi.gov.au/e_visa/evo.htm.

From 1 July 2005, most applicants for non-humanitarian visas will be required to hold a valid (current) passport at the time of decision of a visa application. This new requirement enables the Department to collect passport details which are required for streamlined entry processing of travellers to Australia at airports and in immigration clearance. 

The passport requirement can be waived in certain exceptional circumstances, such as emergency situations, or where a foreign government authority is not able to provide a passport for a client in the foreseeable future.

As airline staff and border officers usually check visa details electronically against a visa holder´s passport details, it is important that the Department has a visa holder´s current passport details. This is to ensure smooth and efficient check-in and entry processing when visa holders travel, especially when they wish to board flights to Australia. 

As a consequence, please ensure that you travel on the same passport you used for your visa application, particularly when you travel on a visa without a label. If you obtain a new passport after the grant of your visa, you must advise the Department of your new passport details. We are happy to assist in this regard.

Advising the Department of new passport details is particularly important if you obtain a new passport before travelling to Australia. If you do not advise the Department of the new passport, you may encounter delays at airports and may not be allowed to board your planes.