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Bridging From Student Visa To Skilled Migration Visa In Australia For Foreign applicants

Bridging From Student Visa To Skilled Migration Visa In Australia For Foreign applicants

Australia is known for its diverse and thriving economy, high-quality education system, and exceptional opportunities for skilled professionals. Many international students aspire to study in Australia and later transition to permanent residency through the skilled migration pathway. This process typically involves moving from a student visa to a skilled migration visa, which allows individuals to live and work in Australia permanently. Understanding the pathways, requirements, and steps involved in this transition is essential for foreign applicants seeking to make Australia their long-term home.

1. The Role of a Student Visa

A student visa (subclass 500) is a temporary visa that allows international students to live in Australia while studying full-time in a recognized education institution. This visa provides students the opportunity to not only study but also gain work experience within the country. During their time in Australia, students are allowed to work up to 40 hours per fortnight during the academic semester and full-time during breaks, which can provide invaluable experience in the Australian job market.

However, once the study is complete, international students must explore options to extend their stay in Australia. The transition from a student visa to a skilled migration visa is one of the most common pathways for graduates who wish to stay in the country and work long-term.

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2. Skilled Migration Visas: Overview and Eligibility

Australia’s skilled migration program is designed to attract qualified professionals to fill shortages in the labor market. There are several types of skilled migration visas, but two of the most common pathways for international students are:

  • Skilled Independent Visa (subclass 189): This visa is for individuals who are not sponsored by an employer, family member, or state/territory government but possess skills in demand in Australia. Applicants must pass a points-based test that evaluates factors such as age, education, English language proficiency, and work experience.
  • Skilled Nominated Visa (subclass 190): This visa allows individuals to be nominated by an Australian state or territory government. While it also uses the points-based system, applicants must meet additional requirements related to their state/territory’s specific needs.

To be eligible for these visas, applicants must first ensure that their occupation is on Australia’s Skilled Occupation List (SOL) or the Consolidated Sponsored Occupation List (CSOL). International students who have graduated from Australian institutions with qualifications in an occupation on these lists have an advantage in applying for skilled migration.

3. Key Steps to Transition from Student Visa to Skilled Migration Visa

a) Meet Eligibility Criteria for Skilled Migration

For international students, the first step in transitioning from a student visa to a skilled migration visa is to meet the eligibility criteria. The criteria typically include:

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  • Completing an Australian qualification, such as a Bachelor’s, Master’s, or Doctorate, which is relevant to an occupation on the Skilled Occupation List.
  • Gaining the necessary work experience or completing internships that provide insight into Australian workplace practices.
  • Obtaining a valid skills assessment from a relevant assessing authority. This ensures that your qualifications and experience are recognized in Australia.

b) English Language Proficiency

Proficiency in the English language is another key requirement for skilled migration visas. International students should ensure that their English proficiency is at the required level (usually at least a Competent English level, which corresponds to an IELTS score of 6 or higher) when applying for a skilled visa. If the student visa holder has already achieved this level during their academic journey in Australia, this requirement will be easier to meet.

c) Skills Assessment

Once the individual has completed their qualification and met the other eligibility requirements, they must undergo a formal skills assessment. This assessment is conducted by a designated assessing authority in Australia that is relevant to their occupation. The skills assessment verifies that the applicant’s qualifications and work experience align with Australian industry standards. This step is critical for applicants wishing to prove their eligibility for skilled migration.

d) Points Test

The points test is a key component of skilled migration visas. Points are awarded based on factors such as:

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  • Age
  • Education and qualifications
  • English language ability
  • Skilled work experience
  • Australian study requirement (international students who complete Australian qualifications may receive additional points)
  • Other factors like partner skills, community language skills, and professional year completion in Australia.

The more points an applicant accumulates, the higher their chances of receiving an invitation to apply for a skilled migration visa. Applicants must score at least 65 points to be eligible to apply for skilled migration, although higher scores improve the likelihood of receiving an invitation.

e) Apply for the Skilled Migration Visa

Once the eligibility criteria are met, and the points test is passed, applicants can submit an expression of interest (EOI) through the SkillSelect system. If the EOI is successful and the applicant is invited to apply, they can then submit their formal visa application for the skilled migration visa. If applying for the subclass 190 visa, the applicant will also need a nomination from an Australian state or territory government.

f) Bridging Visa

If a student visa holder’s student visa expires while they are waiting for their skilled migration visa application to be processed, they may be required to apply for a bridging visa. This visa allows them to remain in Australia legally while their skilled migration visa is being processed. Bridging visas are typically granted when the applicant has a valid visa application in progress, such as a skilled migration visa.

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g) Temporary Graduate Visa (subclass 485)

For many international students, the Temporary Graduate Visa (subclass 485) serves as an important bridge between a student visa and a skilled migration visa. The subclass 485 visa allows international graduates who have completed at least two years of study in Australia to stay and work in the country temporarily after their studies.

There are two streams under the subclass 485 visa:

  • Graduate Work Stream: This stream is for international students who have recently graduated with skills and qualifications that relate to an occupation on Australia’s Skilled Occupation List. The visa allows the holder to stay in Australia for up to 18 months and gain relevant work experience.
  • Post-Study Work Stream: This stream is for graduates with an eligible qualification, such as a Bachelor’s degree, Master’s degree, or Doctorate, obtained from an Australian educational institution. Depending on the level of qualification, this visa can be granted for two to four years, providing graduates time to secure skilled employment in Australia.

While on a subclass 485 visa, international graduates have the chance to enhance their work experience, improve their English language proficiency, and accumulate additional points toward a skilled migration visa. Many applicants use this time to strengthen their profile and better position themselves for a successful transition to a permanent visa.

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h) Submit an Expression of Interest (EOI) and Await an Invitation

Once all the requirements have been met (skills assessment, English proficiency, etc.), applicants must submit an Expression of Interest (EOI) through the SkillSelect system. The EOI is an online application where candidates express their desire to apply for a skilled migration visa, providing details about their qualifications, work experience, and other eligibility factors.

The EOI is scored based on the points system, and the highest-ranking candidates are invited to apply for a visa. It’s important to note that submission of an EOI does not guarantee that an invitation to apply will be issued. Invitations are sent periodically based on Australia’s current labor market needs, and the number of invitations can vary depending on the demand for specific occupations.

Applicants can receive an invitation for either the Skilled Independent Visa (subclass 189) or the Skilled Nominated Visa (subclass 190), depending on their points score and whether they have a nomination from a state or territory government.

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i) Wait for an Invitation and Apply for the Visa

Once the applicant receives an invitation to apply (ITA), they can formally submit their visa application. This involves providing detailed documentation, including:

  • Proof of identity and citizenship
  • Valid passport
  • Skills assessment results
  • Evidence of English language proficiency
  • Health and character checks (medical exams and police certificates)
  • Documents to support the points claimed, such as educational qualifications, work experience, and English test scores.

Applicants will need to submit their visa application within 60 days of receiving the invitation. The Department of Home Affairs will assess the application and may request further documentation or clarification. The processing time for skilled migration visas can vary, but it typically takes several months for a decision to be made.

j) Receive Visa Decision

Once the Department of Home Affairs processes the application and verifies that all criteria have been met, applicants will receive their visa decision. If successful, the applicant will be granted a skilled migration visa, which allows them to live and work permanently in Australia.

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In some cases, applicants may be granted a visa with certain conditions (e.g., regional work requirements for the subclass 491 visa). For subclass 190 applicants, if the applicant was nominated by a state or territory, they must adhere to the conditions set by that state or territory, including working in a specified occupation or region for a certain period.

If the application is unsuccessful, applicants will typically receive information on the reasons for refusal and may be able to appeal or reapply, provided they meet the necessary criteria.

4. Additional Considerations in the Transition Process

a) State or Territory Nomination

As mentioned earlier, many skilled migration visas, such as the subclass 190 visa, require applicants to secure a nomination from an Australian state or territory. Each state or territory has its list of in-demand occupations and specific eligibility criteria. Students can benefit by researching state-sponsored pathways well in advance of completing their studies. Some states offer incentives such as extended work permits or faster processing times for those who apply for regional nominations.

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Additionally, certain states and territories may have particular residency or work requirements that must be met after receiving the visa. Applicants need to understand the commitments involved before applying for state or territory nomination.

b) Regional Visas (Subclass 491 and Subclass 494)

For those looking to enhance their chances of securing a skilled migration visa, considering regional options may be beneficial. The Skilled Work Regional (Provisional) Visa (subclass 491) and the Employer Nomination Scheme (subclass 494) are designed for individuals willing to live and work in regional areas of Australia. These visas offer additional points and benefits, such as extended pathways to permanent residency, for applicants who are nominated by a regional area or an employer in a regional area.

International students who are studying in regional areas may already be well-positioned to apply for these regional visas, making them a viable option for skilled migration. These regional pathways are not only beneficial for applicants but also help address skill shortages in areas outside of major cities like Sydney and Melbourne.

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c) Professional Year Program

Another pathway for international students is completing a Professional Year Program in Australia. The Professional Year Program is a structured professional development program that combines education and work experience for graduates in fields like accounting, engineering, and information technology. Participation in this program can provide applicants with additional points in the skilled migration points test, helping them meet the criteria for a skilled migration visa.

Conclusion

The transition from a student visa to a skilled migration visa in Australia is a multi-step process that requires careful planning and understanding of the various pathways and requirements. By completing their studies, gaining relevant work experience, and achieving a favorable score in the points-based system, international students can increase their chances of successfully obtaining permanent residency in Australia.

In summary, the journey from a student visa to a skilled migration visa is achievable for determined and well-prepared international graduates. While the process may be complex, the opportunities for skilled workers in Australia are vast, and with the right approach, international students can successfully bridge the gap from education to permanent employment and residence.

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