Changing from Tourist Visa to Student Visa for Pinoys in Australia
Our Facebook follower sent this question
“My sister is currently in Australia on a tourist visa. She is planning to apply for a Student Visa Subclass 572. She will be enrolling in Certificate 3 in Aged Care. Is it possible to get a student visa while she’s in Australia on a tourist visa?”
ANSWER:
Under the migration law, a visa cannot be granted unless the applicant meets the relevant legal requirements that are specified in the Act and the Regulations.
Based on the country of issue of her passport and the course of study she proposed to undertake, the assessment level applicable to her application is Assessment Level (A/L) 3. As an Assessment Level 3 visa applicant, when applying for a student visa in Australia, she must either be the holder of a student visa or establish exceptional reasons for the grant of a student visa.
The term ‘exceptional reasons’ is not defined in the legislation. In Kim v Minister for Immigration and Anor [2008] FMCA 1577, Federal Magistrate Smith stated that the word ‘exceptional’ has dictionary meanings: “of the nature of or forming an exception; out of the ordinary course, unusual, special”.
What does this mean? In applying for student visa while in Australia on a tourist visa, an applicant from high risk countries like Philippines must provide exceptional reasons on why they should be granted a student visa onshore and why they cannot go offshore to lodge the student visa application. This legislation was put in place to prevent people from abusing the student visa to prolong their stay in Australia.
If your sister has exceptional reasons, she can be granted a student visa. It can be refused if she cannot prove that she have exceptional reasons.
All information on this page is general information only and is an overview of areas of interest. All information is provided by us in ‘good faith’ and is on an ‘as is’ basis and is not intended nor does it constitute legal advice. You may book for an appointment with us to obtain professional advice appropriate for your circumstances before taking any actions based on any information on this page.
