Making the Graduate Visa 35 or under will affect Australia's postgraduate research sector and high-skill labor market – We propose a policy solution

The Australian government has announced significant revisions to its migration strategy, notably adjusting the Temporary Graduate Visa (subclass 485). A key alteration is the reduction of the age limit for applicants from 50 to 35 years or under, which will have implications for many international students and educational institutions.

Setting an age limit of 35 or under for graduate visas in Australia is likely to substantially affect international postgraduate students and the research capabilities of universities.

The government is planning to introduce the changes from the first of July 2024, as you can read here.  

This article will discuss all the implications of age reduction, particularly for the postgraduate research sector, which includes international students studying for a Master’s degree by research or a Doctoral degree in Australia.

Several rows of contemporary intercultural university students sitting by long wooden desks in lecture hall and listening to professor at lesson

FOI Results Show Numerous PhD and Master by Research Students Will Be Impacted

Work Visa Lawyers obtained information from a Freedom of Information (FOI) request released on February 24, 2024, which provided insights on the number of international students who may be affected.

Click here to check the FOI and the number of postgraduate research in Australia.

The introduction of a 35-year age limit presents a significant challenge, particularly for PhD candidates, who may surpass this age during their studies. Therefore, being under 31 before starting a PhD becomes crucial.

As of January 31, 2024, Australia hosted 17,574 postgraduate research visa holders, including PhD and Masters by research students. Among them, 45.87% were under 30, 31.93% were aged 30 to 34, and 22.20% were over 35. This suggests up to 50% of current postgraduate research students might be ineligible for a graduate visa upon completing their studies if the age limit is lowered from 50 to 35 or under for all students since many students from 30 to 35 years old will finish their studies over 35 years old.

Masters and PhD Graduates Make Excellent Skilled Migrants

Eligibility for the 485 provides international students the time needed to line up employment and do skills assessments so as the possibility to apply for Australian PR. Without the possibility of a graduate visa many potential students that are over the age of 35 will choose not to study in Australia. This mainly means that Australia misses out on many post graduate students.

Masters and PhD students are more likely to obtain employment and secure better jobs, as seen on page 9 of the "Review of the Points Test Discussion Paper" released in April 2024. The review states:

"Education is strongly associated with positive employment outcomes for migrants. PhD graduates are more likely to be employed than Bachelor graduates, who in turn are more likely to be employed than Vocational Education and Training (VET) graduates. Education is also strongly correlated with incomes — migrants with a PhD earn 20 percent more over 10 years than migrants with a Bachelor degree. Education also has a stronger impact on successful labor market outcomes after five years than on immediate outcomes, reflecting that education enables migrants to adapt to a changing labor market.”

The Review also says: “Migrants with higher levels of education also contribute to a more dynamic economy, and improve the wages of local workers. A focus on education, along with English language skills, means migrants are less likely to be exploited, with modelling by the Grattan Institute showing that workers who are more educated are less likely to be paid below the minimum wage.”

In conclusion, the review says: “All these considerations are not fully reflected in the points test, with a PhD only earning 20 points, whereas a Bachelor degree earns 15, and a trade qualification 10. This does not reflect the degree of difference in outcomes, as the gap can easily be bridged by undertaking a professional year or returning to study in a regional area, which are worth 5 points each."

You can read the Review of the Points Test Discussion Paper here.

This implies that individuals with higher educational levels, such as PhD holders, are more likely to find better-paying jobs and will earn more points on the Points Test. Therefore, excluding individuals aged 36 and over from applying for the Graduate Visa will decrease the number of highly qualified and skilled individuals that Australia seeks.

It is concerning that the skills points review recommends more postgraduate migrants while the visa criteria is discriminating against or selecting against postgraduate students.

Effects on the Australian Research Community and Labor Market

The new age restriction is expected to saturate the student visa/graduate market with recent graduates from vocational and bachelor's programs who may lack experience and may find it challenging to secure employment in their field of study.

From my years of experience as an Immigration lawyer I have observed the most favourable employment outcomes come from Master's graduates with approximately 5 years of experience from their home country before pursuing Master's degrees in Australia. This demographic might now be discouraged from studying in Australia due to the new policy.

Mature scientist looking in microscope during chemical investigation in lab

The average age of individuals entering PhD programs in Australia is 34, highlighting the significant role of mature students in the academic research environment. These students often contribute diverse life experiences and perspectives that enhance research and academic discourse.

Regarding international PhD students in Australia, data indicates a concentration in the early 30s age range, with about 40.9% of foreign PhD graduates remaining in Australia. This underscores their substantial contribution to the Australian research community and labor market.

Should Australia Exclude Mature Students from the Graduate Visa Program?

An age limit of under 35 for obtaining a graduate visa could potentially exclude a considerable portion of these mature students. This could have several implications:

1.         Research Diversity and Quality: Mature students, including those over 35, often have substantial professional and life experiences that can contribute to the depth, diversity, and innovation in research. Limiting this group might reduce the richness of academic inquiry and debate within universities.

2.         International Collaboration: International students, particularly those pursuing PhDs, play a vital role in the global academic community, fostering international collaboration and cultural exchange. Restricting age could deter these valuable contributors from choosing Australia as their destination, thereby impacting the international ties and networks that Australian universities benefit from.

3.         Labor Market and Skill Development: PhD graduates contribute significantly to the high-skill labor market. An age restriction might not only affect the availability of skilled professionals in certain research fields but also limit the opportunities for mature students to further their careers and personal development through advanced research opportunities.

The proposed age limit could also deter international students, especially Ph.D. candidates, from choosing Australia as their destination, impacting the international networks and collaborations that benefit Australian universities.

Furthermore, Ph.D. graduates significantly contribute to the high-skill labor market, and an age restriction might limit the availability of skilled professionals in certain fields, as well as mature students' opportunities for career and personal development through advanced research opportunities.

An Age Policy Solution to Encourage International Post-graduates

A strategic age limit for Graduate Visas could be implementing a tiered age limit, such as 36 for Vocational and Bachelor degrees, 40 for Masters, and 45 for PhDs. This approach could maintain the engagement of international students in post-graduate research, while still advancing the government's migration policy goals of limiting older skilled migrants.

Type of course

Age limit

Degree-level courses or vocational (VET)

Age to 36

Masters

Age to 40

PhD

Age to 45

Further, there should be a transitional period to allow for those who began study in Australia before the 1st of July 2024 to qualify for the graduate visa up to the age of 45. Those that start to study after the 1sf of July 2024 will know that there are new predictions in age limit and so will be able to make a decision based on that acknowledgment rather than having the rough pull down from them once they need the end of the course.

Pretty laughing Vietnamese woman with many folders and document and smartphone

Conclusion:

The recent changes to Australia's Graduate Visa, specifically the reduction of the age limit to 35 years and under, present significant challenges for international postgraduate students, particularly those pursuing research-intensive degrees like PhDs. These changes impact not only the individuals directly affected—older students who bring a wealth of experience and depth to their fields of study—but also the broader academic and research communities in Australia.

Considering the substantial contributions of mature international students to the academic and labor markets, it would be beneficial for the Australian government to reconsider the age restrictions as suggested above.

Sources:

https://www.workvisalawyers.com.au/images/Number_of_student_visa_holders_in_Australia_February_2024.pdf

https://immi.homeaffairs.gov.au/programs-subsite/migration-strategy/Documents/migration-strategy.pdf

https://thesiswhisperer.com/2019/10/02/starting-a-phd-at-58-years-old/

https://www.homeaffairs.gov.au/reports-and-pubs/PDFs/points-test-discussion-paper-april-2024.pdf

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RETURN TO OZ: INTERNATIONAL STUDENTS RETURNING TO AUSTRALIA

RETURN TO OZ:
INTERNATIONAL STUDENTS 
RETURNING TO AUSTRALIA

In a media release yesterday, NSW Treasurer Dominic Perrottet announced a plan to return international students to Australia in 2021.  The plan will be funded entirely by local universities and will be in addition to the number of other passengers allowed to arrive per week (such as permanent residents and Australian citizens).  250 students from 14 NSW and ACT universities will be permitted to arrive in Sydney per fortnight.  Once on Aussie shores, the students will be directed to private quarantine facilities for an isolation period before they are able to move freely in the community.  The plan is expected to commence in the second half of the year. 

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Novel Coronavirus (COVID-19) Outbreak - What it means for International Students, Australian Visa Holders, Expats and Tourists

Regular Updates Coronavirus

 

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What does the federal election result mean for Australia's immigration program?

What does the federal election result mean for Australia's immigration program?

After months of campaigning the Australian Federal Election was run and won on Saturday, with the Liberal and National Party Coalition led by Prime Minister Scott Morrison being returned to government. What does this mean form Australia's immigration program going forward?

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New opportunities for international graduates in regional Australia with 485 visa extension

New opportunities for international graduates in regional Australia with 485 visa extension

 

In positive news for international students in regional Australia, which includes Adelaide, the Department of Home Affairs will be introducing an extra year extra year of post-study work rights. The extension will be available to the cohort of graduates from 2021 that hold a Temporary Graduate subclass 485 visa.

 

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Scott Morrisons New Australian Immigration Plan Cuts 30,000 Spots, Adds New Visas, & Helps Employers In Regional Australia

Scott Morrisons New Australian Immigration Plan Cuts 30,000 Spots, Adds New Visas, & Helps Employers In Regional Australia

The Morrison Government has released a plan to reduce congestion in major cities, encourage more skilled migrants to enter and reside in regional areas. On 20 March 2019, Prime Minister Scott Morrison announced that for the next four years immigration will be capped 160,000 migrants per year. While the total amount of immigration will be capped, the number of skilled migrants entering Australia will be raised using regional visas and skilled visa streams.

 

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New Nomination Criteria Rewards South Australian International Students (190 visa & 489 visa)

New Nomination Criteria Rewards South Australian International Students (190 visa & 489 visa)

On 28 February 2019, Immigration SA has introduced some changes to its general skilled migration nomination policies. These changes are aimed to enhance South Australian immigration by encouraging skilled international graduates to remain and reside in South Australia.

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A successful internship collaboration with the Australia China Business Council(SA) and University of Adelaide

Recently Work Visa Lawyers had the opportunity to host an intern as part of the internship programme jointly organised by the Australia China Busines Council (ACBC) SA and the University of Adelaide. We received an intern from the University of Adelaide, Alice Zhu and she performed the following for Work Visa Lawyers as part of her internship:

  • provide insights for social media marketing for China
  • help arrange posts to the Work Visa Lawyers Weibo account
  • analyse and suggest Chinese social media engagement strategies for the business to adopt

In addition to the above Alice managed to produce a video on her own which shares the experience and feelings of a Chinese international student in Adelaide. The video showcases some of the tourist attractions in South Australia, including:

  • Hanhdorf
  • Adelaide Central Market
  • Chinatown
  • Glenelg
  • Victor Harbour
  • Yankalilla
  • Kangaroo Island

It is our pleasure to present to you the video made by Alice below:

You can copy and paste the link below into your browser if you are unable to view the video here.

YouTube: https://www.youtube.com/watch?v=PGc6hC6XXk8&feature=youtu.be

For viewers in China you can also view the video on the Work Visa Lawyers Youku account via the link below:

YouKu: http://v.youku.com/v_show/id_XMTY2MDIxNDE2MA==.html#paction

Work Visa Lawyers would like to convey our thanks to ACBC-SA and the University of Adelaide for taking the initiative and making the effort to introduce this internship programme. The internship programme is an excellent platform to allow international graduates here in SA to help Australian businesses become China-ready, and gain practical work experience at the same time. We also thank Alice for her excellent work and contribution during her short time with us.

Chris and Alice

Principal Migration Agent and Lawyer Chris Johnston with intern Alice Zhu

If you would like to know more, or have an Australia-China visa or migration related enquiry, please feel free to contact Work Visa Lawyers at:

(08) 8351 9956 or +61 8 8351 9956

or This email address is being protected from spambots. You need JavaScript enabled to view it.

 

 

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Changes announced for the 476 and 485 visa – Lower English Requirements

Changes announced for the 476 and 485 visa – Lower English Requirements

 

The Department of Immigration and Border Protection (DIBP) has announced lower English requirements for the Skilled – Recognised Graduate (subclass 476) and Temporary Graduate (subclass 485) visas. Originally applicants needed to meet “competent English” requirements for the 476 and 485 visa applications. For new applications lodged on or after 18 April 2015, applicants will now need to show one of the following:

  • an overall score of at least 6, with nothing below 5 in each of the four test components (speaking, reading, listening and writing) in an International English Language Testing System (IELTS) test
  • a score of at least 'B' in each of the four test components (speaking, reading, listening and writing) of an Occupational English Test (OET)
  • a total score of at least 64, with nothing below 4 for listening, 4 for reading, 14 for writing and 14 for speaking, in a Test of English as a Foreign Language internet-based test (TOEFL iBT)
  • an overall score of at least 50 with nothing below 36 in each of the four test components (listening, reading, writing and speaking) in a Pearson Test of English Academic
  • an overall score of at least 169 with nothing below 154 in each of the four test components (listening, reading, w​​​​riting and speaking) in a Cambridge English: Advanced (CAE) test taken on or after 1 January 2015
  • evidence of holding a valid passport issued by the United Kingdom, the United States of America, Canada, New Zealand or the Republic of Ireland.

Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers

In recent times the English requirement for visa applications has been increased after the findings of correlation between English ability and employment outcomes for new migrants. This new change is a win-win for international students and the government as students will get a try-out at working and living in Australia for a period of up to 18 months. After fulfilling criteria such as 12 months employment and better English test results, which indicates a compatibility between the graduate and Australia, the 476 or 485 visa holder can then apply for permanent visa options.

Source:

  1. http://www.immi.gov.au/News/Pages/el-change.aspx

This information is accurate on the 20 April 2015

Do you need help with a Skilled Migration visa application?

At Work Visa Lawyers we are experienced in assisting applicants for the skilled migration visa applications, which include the 476 and 485 visas. We are also experienced in the employer sponsored work visas, business skills visas and family visas.

If you require further information regarding your Australia visa options you can contact us through:

(08) 7225 5091 or +61 8 7225 5091

or   This email address is being protected from spambots. You need JavaScript enabled to view it.

 

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My Student Visa is expiring! What should I do next?

My Student Visa is expiring! What should I do next?

If you have recently completed your tertiary studies in December 2014, your student visa is likely to be expiring in mid-March 2015, just 2 more months down the road! If you have not sorted out your visa options for further stay in Australia you need to get started immediately. Read on to discover the options you have for extending your stay in Australia post-studies.

Apply for a 485 Temporary Graduate Visa if you are eligible

There are two streams to the 485 visa:

Graduate Work Stream

  • For international students who graduated with a qualification related to an occupation on the Skilled Occupation List (SOL)
  • Requires a positive skills assessment
  • Valid for 18 months from the date of grant

Post-Study Work Stream

  • For international students who graduate with a higher education degree from an Australian education provider, in any field of study
  • Only applicable for students who applied for, and were granted their first student visa to Australia on or after 5 November 2011
  • Can be granted for up to four years from the date of visa grant, depending on the visa applicant’s qualification

Other criteria require you to:

  • have at least competent English
  • meet the Australian study requirement

The subclass 485 Temporary Graduate Visa is a good option, but it is not available to all students. Many vocational course graduates miss out and may need to consider other options.

Apply for a Skilled Visa – Subclass 189, 190 or 489

It is possible that graduates can immediately qualify for a General Skilled Migration (GSM) visa. There are a range of factors such as having a positive skills assessment, good English skills and state sponsorship for recent graduates. Occupations that are possible to apply for a GSM visa because they do not require 1 year of experience include: Registered Nurses, Engineers and Accountants.

There are various factors to be considered for this pathway as each state and territory has their own sponsorship requirements and benefits (such as Chain Migration for South Australia); and nominated occupations must be on the skilled occupation list. South Australia is one of the states which strongly supports its own graduates in obtaining state sponsorship for further visa applications. Check with Work Visa Lawyers about the various state sponsorship requirements and their implications for your visa application.

Apply for a 457 Employer Sponsored Work Visa

You may have worked the 20 hours allowed per week during your studies and come across an employer who is willing to sponsor you for a work visa. This pathway requires a few stages of work as the employer needs to be an approved sponsor first before sponsoring you. Work Visa Lawyers assists in checking the eligibility of the employer to be a sponsor and the sponsorship application process. If you have an employer willing to sponsor you, do contact us immediately as the work involved before your visa application can take some time. To have an overview of the work visa application read our blog entry here. It is noteworthy that some employers may sponsor you for a permanent visa immediately.

Apply for a Partner Visa

During your studies you may have met someone who is an Australian or an Australian Permanent Resident. If the relationship is genuine and ongoing, you can consider applying for a Partner Visa. The timing of your application and having strong supporting evidence is important. It is advisable that you check with Work Visa Lawyers on your situation before lodging an application for a partner visa. Read here to understand more about Partner Visas.

Enrol in a new course for further studies to increase your skills

This option can be considered if you encounter the following scenarios:

  • The course you recently completed does not meet the 2-year study requirement, or
  • The course you completed has no suitable occupation to be nominated for a visa application

While this option is costly and you will not be applying for a permanent visa until you complete the new course, it allows you to stay on in Australia to evaluate your options later, as well as obtain another quality Australian qualification. Do note that there are no guarantees that the new course you enrol in will lead to a permanent residence visa.

To be granted a student visa, you will need to meet the genuine temporary entrant requirement. This requires that you study a course with the intention to return to your home country with the newly acquired skills.

Source:

Department of Immigration and Border Protection (DIBP) website

https://www.immi.gov.au/Visas/Pages/485.aspx

https://www.immi.gov.au/Work/Pages/SkillSelect/SkillSelect.aspx

https://www.immi.gov.au/Visas/Pages/457.aspx

https://www.immi.gov.au/Visas/Pages/801-820.aspx

This information is accurate on the 23 January 2015.  DIBP will change requirements in an ongoing manner and all current requirements must be established prior to lodging an application.

Do You Need Help?

At Work Visa Lawyers we are experienced in assisting applicants with skilled visa applications such as subclass 189, 190, 489, 485, 457 visas as well as the Regional Sponsored Migration Scheme (RSMS). We also handle family visa applications including Partner, Parent and Child visas.

If you require further information regarding your current visa options you can contact us through:

 (08) 7225 5091 or +61 8 7225 5091

or   This email address is being protected from spambots. You need JavaScript enabled to view it.

 

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