Australia’s new immigration rules explained: Stricter English language tests and dodgy courses targeted as foreign arrivals surge

The federal government will crack down on international students who abuse the visa system, but offer a new path for skilled migrants with high salaries.

Foreign students will also need to achieve higher English test scores to prove they are competent, but not necessarily good, at speaking, listening and reading Australia's national language.

Home Secretary Clare O'Neil promises to reduce total net overseas migration by 185,000 over four years under new, stricter rules.

But the Treasury now predicts that 510,000 migrants would have arrived by 2022-2023 – compared to the 400,000 forecast in the May budget.

The Mid-Year Economic and Fiscal Outlook also projects 375,000 arrivals for 2023-2024 – more than the 315,000 forecast just seven months ago.

So far, immigration shows little sign of slowing with 440,300 permanent and long-term arrivals, on a net basis, in the year to October, new data released on Tuesday showed.

Home Secretary Clare O'Neil promises to reduce total net overseas migration by 185,000 over four years under new, stricter rules (she is pictured on the left with Prime Minister Anthony Albanese)

With permanent migration this financial year of up to 190,000, international students made up the bulk of annual arrivals; 38,790 of them came to Australia in October alone.

The Treasury now forecasts 1.6 million permanent and long-term overseas arrivals in the five years to June 2027, a big jump from the forecast of 1.5 million inflows during the previous budget.

But Labor claims that without the crackdown, migration would have increased by 1.8 million in five years.

These are the new measures set out in the migration strategy unveiled by the Home Office on Monday.

International students visa hopping

The government has promised 'exercise extra control international students applying for another student visa.

The Department of Home Affairs cited data showing that students have “particularly moved to courses below their current level of study in order to extend their stay in Australia.”

The number of international students staying in Australia on a second or subsequent student visa grew by more than 30 percent to more than 150,000 in 2022-2023.

The biggest growth in visa hopping has been in the VET sector, where students are less likely to complete a course.

In 2022-2023, 69,000 students were granted subsequent student visas or transferred to vocational training, compared to 42,000 students in 2018-2019 before the pandemic.

A new grenuine student test required all eligible students apply within Australia to provide evidence demonstrating any The next course will further their career or complement their degree in their field.

This includes conducting research to qualify for a postgraduate master's degree program.

“Prospective international students who cannot demonstrate this sensible academic progress against their initial studies will not meet the true student test,” the department said.

Students will now have to take English language tests, with the government claiming that existing English language requirements in Australia were less stringent than those in Canada (pictured is a Universal Learning Group student learning English)

English language requirements

Students will now have to achieve higher grades on an English language test, with the government claiming existing requirements in Australia were less stringent than those in Canada.

Labor argued that this was also to prevent exploitation in the workplace.

'English Skills have a clear and direct relationship with strong educational and labor market outcomes,” the department said.

This followed a separate Migration Review which found that 'lower English proficiency can make migrants more vulnerable to exploitation'.

To obtain a student visa, a foreigner must achieve a score of six out of nine on the International English Language Testing System, which would imply that someone has “modest” English language skills.

This is far from the perfect score that implies expert English language skills, or the band's score of 'seven' for 'good'.

Focus on unreliable education providers

Dubious 'high risk' private education providers who market their courses as a route to permanent residency would face 'targeted scrutiny'.

Ms O'Neil has instructed her department to prioritize student visa applications for low-risk education providers, which is likely to include established universities.

But less reputable private colleges may face long wait times when reviewing visas.

“Higher risk providers will experience slower processing times as visa decision makers consider the integrity of a provider, as well as the individual student applicants,” the department said.

The new rules will come into effect at the end of this year, in time for the 2023-2024 student visa season.

Temporary crackdown on graduate visas

Former student visa holders are entitled to a temporary graduate visa, which entitles them to work in Australia after graduation.

The Migration Review shows that former international students are among the largest cohort of 'permanent temporary' migrants, with more than 50 percent of them in low-skilled jobs.

This means they are not on track to gain the skilled work experience to qualify for a skilled permanent visa.

As a result, 19,000 students and graduates have remained in Australia for nine years.

Highly qualified workers earning at least $135,000 will be eligible for a new specialist skills pathway designed to 'drive innovation and employment' (shown is a stock photo of mining engineers in Western Australia's Pilbara region)

'These migrants cannot build a full life in Australia and face barriers to employment based on their temporary status.

To remedy this, the test score required to obtain a temporary graduate visa will increase.

This requires an International English Language Testing System score of 6.5 out of 9 – up from 6 previously – which would imply a 'competent' level of English.

Specialized skilled track for people with a salary of $135,000

Highly qualified workers earning at least $135,000 will be eligible for a new specialist skills pathway designed to 'drive innovation and employment'.

Skilled migrants in this position will have to earn the same as Australian workers in the same position occupation.

To qualify, they must be nominated by an approved employer and meet health and character requirements.

This applies to every profession except tradies; machine operators and laborers are not eligible.

With unemployment still low at 3.7 percent, the government argues that prioritizing a pathway for the top 10 percent of earners could add $3.4 billion to the economy over the next decade.does not take the broader into account significant economic benefit to their employers and to the Australian economy.”