ACPET

Representing quality private education
providers in Australia

Commencement of simplified AL Framework, extended SVP arrangements and repeal of 'substantial compliance'

Monday, March 24 2014

Simplified AL Framework and extended SVP arrangements
Department of Immigration and Border Protection (DIBP) advise that all regulatory approvals have now been obtained and that the simplified the Student visa AL Framework and extended streamlined student visa processing (SVP) arrangements will come into effect from 22 March 2014.

From 22 March 2014:

• AL4 and AL5 will be removed from the AL Framework which will be simplified to contain only AL1, AL2 and AL3. All current AL4 countries will be reduced to AL3 from this date.
• The financial requirement for AL3 applicants will be reduced from 18 months to 12 months evidence of funds. These funds will however have to be provided by an ‘acceptable individual’, similar to the current AL4 requirement.
• 19 non-university providers will gain access to SVP. The SVP arrangements for these 19 providers will operate in the same manner as the current SVP arrangements for universities.

The above changes apply for applications lodged on or after the 22 March 2014. Applications lodged prior to this date will be assessed in line with existing SVP and AL framework provisions. Additional information regarding these changes, including FAQs is available on the DIBP website at the following link: http://www.immi.gov.au/Study/Pages/review-student-visa-programme.aspx These FAQs will shortly be updated to note the 22 March 2014 commencement date.

Legislative change to repeal the ‘substantial compliance’ requirement
From 22 March 2014, the ‘substantial compliance’ requirement, applicable to onshore Student visa applications will be repealed. In essence, ‘substantial compliance’ required a student to have fully complied with all past visa conditions in order for a further Student visa to be granted. While visa compliance and a student’s immigration history will still be considered as part of the  ‘genuine temporary entrant’ or ‘genuine student’ requirements, the repeal of ‘substantial compliance’ provides greater flexibility for DIBP to grant subsequent  visas where exceptional circumstances exist (such as illness, bereavement or upheaval in the person’s home country) had led to a breach of visa conditions.

This regulation change applies to applications lodged on or after 22 March 2014 as well as visa applications currently onhand (i.e. lodged prior to this date).

Workshops for education providers regarding the Student visa programme
DIBP have recently conducted a series of workshops with education providers across Australia regarding the Student visa programme. Approximately 500 education provider representatives attended in total.


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