What is Visa Hopping?

For many visa applicants, Australia is the dream destination to live, work, and study. In order to prolong their stay in the country, many visa holders switch between different temporary visas – a practice referred to as ‘visa hopping’. In this blog, we explore what visa hopping is, why the Australian government has taken action, and the impact of this on current and future visa applicants.

What is Visa Hopping?

Visa hopping is when temporary visa holders, including international students, continuously extend their stay in Australia by switching between different visas. This loophole has allowed some individuals to remain in the country indefinitely, despite the intended temporary purpose of their visas.

Why Has the Government Ended Visa Hopping?

In the 2022-23 financial year, over 150,000 international students stayed in Australia on a different temporary visa. This has had negative effects on Australia’s population management, migration system integrity, and education quality.

To address this issue, the government introduced no further stay conditions on specific visas in an attempt to crack down on visa hopping. It is hoped this could provide a better solution than reducing the permanent migration intake each year.

How Do These Changes Impact Visa Applicants?

Visitor Visa to Student Visa Pathway

In the past, many prospective students have come to Australia on a temporary visitor visa, so they can visit an educational institution to ensure it is a good fit for their needs. If it was, many visitor visa holders applied for student visas whilst still in the country. This pathway was quite popular, with over 36,000 applications lodged in the 2023-24 financial year.

Under new visa changes, visitor visa holders are no longer able to apply for student visas onshore. They must return home before applying, or must apply for a student visa in the first place without the reassurance of an in-person visit. 

The Genuine Student Requirement

Additionally, these restrictions have stopped international students from applying for another student visa unless they can demonstrate credible course progression.

In March, the government introduced the Genuine Student requirement, which ensures international students are genuinely pursuing their educational goals rather than using student visas as a means to stay in Australia. 

This change makes it clear that upon the completion of their studies, student visa holders should be finding skilled jobs and becoming permanent residents, or returning home.

Restricted Work Rights

Another significant change was the end of unrestricted work rights for student visa holders. International students are now limited to working up to 48 hours per fortnight. This ensures students prioritise their studies and maintain the primary purpose of their visa. 

If you are a student visa holder and want to work in Australia, there may be more suitable visa options available. Explore types of Australian visas.

How to Plan Ahead

If you are an international student or are planning to study in Australia, these changes can seem limiting and confusing. However, understanding these new regulations can help you plan your time in Australia successfully. Here’s what you should consider:

• Plan your visa pathway: It is important to understand the requirements and limitations of your visa. If you intend to switch from a visitor visa to a student visa, you must plan to apply offshore. You will need to remain outside of Australia until a visa decision has been made.
• Demonstrate Genuine Intent: If you are planning to further your studies in Australia, you must be prepared to demonstrate Genuine Intent. This includes providing details of your current circumstances, why you would like to study this course, and how the course will benefit you.
• Stay informed: It is crucial to stay updated with the latest immigration policies and changes. This will equip you with the knowledge to make the right decisions and avoid potential legal consequences. You can visit the Department of Home Affairs website to stay up-to-date with the latest immigration news.

Within the ever-changing landscape of immigration law, planning ahead and seeking expert guidance can help you stay ahead and achieve your goals successfully. Although the Australian government has put an end to visa hopping, there are many other pathways that allow you to remain in the country and achieve your goals. For tailored advice, contact us at AustraliaMigrate today and speak with one of our experienced immigration agents.