The long-awaited and anticipated Migration Review has recently been made public by issuing the document “Migration Strategy: Getting migration working for the nation. For workers. For businesses. For all Australians.”
It is a series of three documents. The main document is 100 pages, cover to cover. An action plan of five pages and a three-page ‘At-a-glance document’.
The Koala has summarised the key points as they relate to Strengthening the integrity and quality of international education as one of the eight key areas of the review; however does recommend readers to read the review from cover to cover.
These are:
1. Introduced a first set of measures to improve integrity in international education and support genuine students
Existing Commitment
Ongoing
The Government says:
The Government is delivering a first package of measures to support integrity in the international education system and to support genuine international students to study in Australia. To do this, the Government has:
- closed a loophole that allowed international students to switch to lower[1]quality education providers to facilitate work in Australia ahead of study
- increased the amount of savings international students will need to be eligible for a student visa. This requirement had not been indexed since 2019 and should reflect higher living expenses. Applicants now need to show evidence of $24,505 in savings, which is a 17 per cent increase on previous levels
- invested $37.8m to bolster the capacity of the national VET regulator, ASQA, including through the establishment of an Integrity Unit to proactively identify and respond to integrity risks in the international VET sector. Boosting ASQA’s capacity will enable a compliance blitz of unlawful behaviour, targeting non-genuine providers who may be exploiting international students
- strengthened the fit and proper person requirements that apply to VET providers and signalled intent to change this test in the Education Services for Overseas Students Act 2000 (ESOS Act). This will strengthen the standards required to gain and hold Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) registration and deter collusive behaviours associated with international student exploitation
- committed to making education providers more accountable for their agents, through increasing provider reporting requirements and acting to prohibit agent commissions for onshore transfers between providers
- committed to developing new risk indicators for international education, to build a whole-of-system risk framework to inform compliance action by education providers. The Government is also considering using its powers under Section 97 of the ESOS Act to issue suspension certificates to high-risk education providers and is currently further consulting with the international education sector on the use of these powers and will announce changes in coming months
Furthermore, the Government will also explore regulation of education agents through an expansion of the Office of the Migration Agents Registration Authority. Together, this powerful first package of measures will help restore integrity to international education, and support the competitive advantage and prosperity of an Australian international education sector that is underpinned by its quality. It will also help place downward pressure on migration levels as fewer non-genuine students arrive and fewer non-genuine providers recruit students.
2. Increase English language requirements to improve the quality of students’ educational experience in Australia and reduce potential workplace exploitation
New commitment
Implement early 2024
The Government says:
Australia is a proud multicultural, multilingual country. However, the Migration Review found that ‘student English language requirements may not set up students to succeed’. English proficiency has a clear and direct relationship with strong education and labour market outcomes. The Review also found that lower English proficiency may make migrants more vulnerable to exploitation. Currently, our English language requirements for these visas are below those of some comparable countries, such as Canada. The Migration Review recommended aligning ‘the English language requirements of the Student and/or Graduate visas with skilled visa English language requirements’.
In early 2024, the Government will increase English language requirements for the Student and Temporary Graduate visas:
- the test score required for a Temporary Graduate visa will increase from an International English Language Testing System (IELTS) score (or equivalent) of 6.0 to 6.5
- the test score required for a Student visa will increase from IELTS (or equivalent) 5.5 to 6.0 – the test score required for students undertaking an English Language Intensive Course for Overseas Students (ELICOS) before their main course of study will increase from IELTS (or equivalent) 4.5 to 5.0
- the test score required for students undertaking university foundation or pathway programs that deliver reputable English language training will be IELTS (or equivalent) 5.5. This will deliver a range of benefits to the international education sector, the migration system, the labour market and students themselves, including:
- improving the quality of their educational experience
- increasing the outcomes of international students in the labour market
- strengthening the integrity and reputation of the international education sector
- reducing the workplace exploitation of international students.
The Government will also strengthen education provider requirements to report students’ English language proficiency at enrolment
3. Apply greater and more targeted scrutiny to student visa applications from high-risk providers
New Commitment
Implement visa processing priorities Ministerial Direction late 2023
Implement Genuine Student Test and Genuine Student Test Ministerial Direction early 2024
The Government says:
The Government will introduce a new Genuine Student test for all international students. The Genuine Student test will clearly incentivise applications from genuine students and discourage non-genuine students, whose primary intention is to work rather than study, from accessing Australia’s international education system. This test will replace the existing Genuine Temporary Entrant requirement to acknowledge that post-study temporary migration (and beyond) pathways are available for those who may be eligible. At the same time, the new Genuine Student test will be clear that the vast majority of international students in Australia will return home.
Two new Ministerial Directions will be introduced to support the integrity of processing in the student visa caseload.
The first Ministerial Direction will outline key areas of consideration to support decision-makers, including the circumstances of the applicant, such as their academic or career progression and the usefulness of the intended study to their future career prospects. The Direction will be clear in setting the expectations of students who come to complete study in Australia. Those who do not meet those requirements will not be granted a student visa.
The second Ministerial Direction will focus on the prioritisation of processing the visa caseload. A processing priority Ministerial Direction will prioritise student visa applications based on risk-level of providers and will come into effect by the end of 2023, in time to support processing for the 2023–24 student visa peak season. Higher-risk providers will experience slower processing times as visa decision-makers consider the integrity of a provider, as well as the individual student applicants.
4. Bolster the student visa integrity unit in the Department of Home Affairs to reduce misuse of Australia’s student visa system
New Commitment
Implemented late 2023
The Government says:
To complement the introduction of the new Genuine Student test, the Government will invest $19 million to significantly bolster the student visa integrity unit in Home Affairs. This will reduce the misuse of student visas by those using it to seek work in Australia instead of study and those seeking to exploit international students. This investment will allow for greater scrutiny at the point-of[1]application to better identify non-genuine students and help build new analytical capabilities to identify students, facilitators and agents who misuse student visas post-arrival. This strengthened student visa integrity unit will also help support ASQA’s new integrity unit through cross-agency compliance activities
5. Strengthen requirements for international education providers
New Commitment
Implement 2024
The Government says:
Australia’s international education sector is vital to the economy and the nation’s prosperity. To maintain the highest quality system, it’s important to ensure the appropriate integrity measures are in place to remove unscrupulous providers. The Government will pursue measures to further strengthen integrity, quality, entry requirements and student support across the international education sector to target non-genuine providers. This work will build upon the Government’s response to the Nixon Review. It will take into consideration recommendations made by the Joint Standing Committee on Foreign Affairs, Defence and Trade Inquiry into Australia’s tourism and international education sectors in their ‘Quality and Integrity – the Quest for Sustainable Growth’: Interim Report into International Education.
The Government will act to assist regulators as they address unscrupulous provider behaviour through further legislative change. The Government will engage further with the sector in the development of its response and any implementation of these or similar measures. This work will be complemented by the development of an International Education Strategic Framework. Working with the sector and the Council for International Education, the Government will ensure Australia’s valuable international education sector continues to prosper in delivering high quality education to genuine students
6. Restrict onshore visa hopping that undermines system integrity and drives ‘permanent temporariness’
New Commitment
Implement early to mid-2024
The Government says:
Australia’s student visa program has a proud history of attracting talented students from around the world. More recently, it has been used by some international students and other temporary visa holders to ‘visa hop’ from visa to visa to extend their stay in Australia when they have little prospect of becoming permanent residents. This has contributed to a growing cohort of ‘permanently temporary’ former international students living in Australia.
The Government will apply additional scrutiny to international students applying for another student visa
Gaining new qualifications is a great way to help international students to gain deeper specialisation in their field. New qualifications can also support career development by complementing academic and practical skills.
However, the prevalence of international students moving from course to course, particularly to courses that are below their current level of study, to prolong their stay in Australia has been growing. The numbers of international students staying in Australia on a second, or subsequent student visa has grown by over 30 per cent to more than 150,000 in 2022–23. The biggest growth in visa hopping has been in the VET sector, where there is a lower likelihood of a credible course progression. However, in 2022–23 almost 69,000 students granted a subsequent student visa in Australia have stayed in, or shifted into, studying in VET, compared to 42,000 students pre-pandemic in 2018–19.
Using the new Genuine Student test, the Government will require any eligible students applying inside Australia to provide evidence in their application to demonstrate that any subsequent course is furthering their career or academic aspirations, such as undertaking a practical VET course to complement their degree, or undertaking research to gain a Masters qualification in their field of expertise. Prospective international students who cannot demonstrate this sensible course progression from their initial course of study will not meet the Genuine Student test.
The Government will restrict Temporary Graduate visa holders from transferring back to student visas while onshore
In their recent Graduates in Limbo report, the Grattan Institute found that 32 per cent of Temporary Graduate visa holders are returning to study when their visa expires in order to prolong their stay in Australia. This has increased in recent years as fewer graduates have become permanent residents. As the report notes, ‘Of those who return to study, most go on to study a VET course despite mostly already holding a higher degree, especially if they initially studied a Masters-by[1]coursework degree. This suggests that many international graduates are returning to study when their Temporary Graduate visa expires in order to prolong their time in Australia.’
This change, combined with future proposed changes to the points test and other skilled visa settings, helps the graduates working in skilled jobs stay permanently, while reducing the number of graduates that are left in limbo and that stay despite having fewer prospects of permanent residence.
The Government is also considering other changes to restrict onshore visa hopping where it circumvents offshore processes and will make further announcements early in 2024
7. Strengthen and simplify Temporary Graduate visas
New Commitment
Implement mid-2024
The Government says:
Graduate visas are available to former student visa holders. The visa provides full work rights and allows international students to gain work experience in Australia’s labour market after finishing their studies.
The Migration Review found that former students are among the largest cohort of ‘permanently temporary’ migrants. The Review also showed that over 50 per cent of Temporary Graduate visa holders are working in low skilled jobs, and are not gaining the skilled work experience necessary to become eligible for a skilled permanent visa. Because of this, around 19,000 students and graduates have been onshore for 9 or more years. These migrants cannot fully establish a life in Australia and face barriers in the labour market based on their temporary status.
The Government is adopting the proposed reform directions suggested in the Migration Review by strengthening graduate visas to ensure more graduates are working at their skill level, addressing skills needs and not becoming ‘permanently temporary’. The Review found that extra time on a graduate visa does not improve graduates’ career outcomes, so the Government is adjusting the length and eligibility of post study work rights accordingly. These changes will give graduates sufficient time to demonstrate their ability to succeed in the skilled labour market and establish their careers, while setting boundaries for others with low prospects of becoming permanent residents.
Where a graduate is working in a skilled job in the labour market, the graduate will be able to apply for the new Skills in Demand visa or a permanent skilled visa, rather than requiring a two-year extension based on their qualification. This brings Australia’s graduates visa settings into line with most comparable countries. The Government will ensure these changes are consistent with Australia’s obligations under international trade agreements. The Government is simplifying graduate visas to improve the applicant experience, and taking action to speed up the transition between student and graduate visas. The Government is also strengthening the pathway from graduate visas to temporary skilled visas to give employers more certainty about a graduate’s ongoing work rights and pathways to permanent residence.
Together, the key changes to graduate visas in the below table will help put downward pressure on migration levels, as graduates that have fewer prospects of permanent residence depart the country.
Please see review document for images.
8. Support international students and graduates to realise their potential
Area for future reform
Consultation to begin early to mid-2024
The Government says:
The Migration Review found employment outcomes for all graduates are better in sectors with strong entry level programs, work integrated learning, internships and work experience. Yet many international graduates are working below their education and skill level. If we are choosing international students for permanent residence based on their potential to succeed in the Australian labour market, then they need better support to use their qualifications to get the right job after graduation. Local work experience and access to professional networks are key. The Government will partner with education providers, unions, industry and governments to incorporate more work integrated learning (such as professional workplace placements or industry-partnered projects) into tertiary courses to ensure students are better prepared for Australia’s skilled workforce.
Similarly, international students who want a trade qualification in Australia currently have few opportunities to undertake an apprenticeship on a student visa. We will examine the full extent of these barriers, and consider other mechanisms to support high-skilled in-demand graduates who can support our future economic needs, for example through reforms to the vocational stream of the temporary graduate visa program.
The Government has commissioned a study through Jobs and Skills Australia to better analyse international student outcomes and pathways into the labour market, with deep tripartite consultation of unions, employers, and training and education providers.
8 Key Actions – Overall
More broadly, the review covers eight key areas, these are:
1. Targeting temporary skilled migration to address skills needs and promote worker mobility A new Skills in Demand visa with three targeted pathways, and visa settings that encourage migrant worker mobility in the labour market.
New commitments include:
- A new Specialist Skills Pathway to make it easier for Australia to attract highly skilled workers, for example in the technology or green energy industries
- A Core Skills Pathway to meet targeted workforce needs, with a simpler, regularly updated occupation list for the skills Australia needs
- New visa settings that give migrant workers more mobility in the labour market to help tackle worker exploitation and drive productivity
- Streamlined labour market testing and visa processing.
2. Reshaping permanent skilled migration to drive long-term prosperity
A commitment to explore a reformed points test for permanent skilled migration, and a new Talent and Innovation visa for migrants who can drive growth in sectors of national importance.
3. Strengthening the integrity and quality of international education A package of integrity measures to lift the standards for international students and education providers, while ensuring graduates help meet skills shortages and do not become ‘permanently temporary’.
New commitments include:
- Higher English language requirements for international students and graduates
- More scrutiny of high-risk student visa applications and a $19m investment into the Home Affairs student visa integrity unit
- Restrictions on onshore visa hopping that undermines system integrity and drives ‘permanent temporariness’
- Strengthened and simplified Temporary Graduate visa settings
- Measures to support international students and graduates to realise their potential.
4. Tackling worker exploitation and the misuse of the visa system
A comprehensive suite of legislation, powers, penalties and policies to combat worker exploitation and restore integrity to the migration system.
New commitments include:
- A new public register of employer sponsors to improve integrity and support migrant worker mobility.
This commitment complements other strong measures outlined in the Migration Strategy to design migrant worker exploitation out of the migration system.
5. Planning migration to get the right skills in the right places
A longer-term, evidence-based approach to planning migration that closely collaborates with states and territories and ensures population planning is based on the best available population data and forecasts.
New commitments include:
- A new approach to planning permanent migration over the long term and greater state and territory collaboration on net overseas migration forecasts
6. Tailoring regional visas and the Working Holiday Maker Program to support regional Australia and its workers
A new direction to ensure visas for regional Australia are prioritised first, and a commitment to evaluating regional migration settings and the Working Holiday Maker program to ensure migration supports development objectives in regional Australia and does not contribute to worker exploitation.
New commitments include:
- A new direction to ensure regional visas receive the highest priority visa processing.
7. Deepening our people-to-people ties in the Indo-Pacific
A new approach to developing people-to-people links with our region, including through a direct pathway to citizenship for New Zealanders and increased mobility with Pacific Island and Southeast Asian countries.
8. Simplifying the migration system to improve the experience for migrants and employers
A system-wide simplification agenda that will streamline visa settings, reduce visa classes and make the system easier to use.
New commitments include:
- The removal of 20+ unnecessary and duplicative visas to simplify the visa system.
The review documents can be found in their entirety here.
