What Australia's 'No Further Stay' in visa policy means for Indians

The Australian government on March 23 introduced stricter student visa regulations to curb the influx of migrants. Among these measures, the introduction of a 'No Further Stay' clause and the limitation on work options for foreign students stand out as significant changes affecting the future of immigrant students in Australia.

What is a 'No Further Stay' clause?

"The 'No Further Stay' condition, often abbreviated as NFS, prohibits visa holders from applying for any other visa within Australia, such as work visas or permanent residency, without first leaving the country after their student visa expires," explains Harshita Agarwal Sharma, Director of Lexlevel Services.

For foreign students, the "no further stay" condition means that they cannot apply for another visa (except for a few limited exceptions) while they are in Australia. This restriction applies regardless of whether the student's current visa is still valid or has expired. The purpose of the "no further stay" clause is to prevent individuals from using temporary visas as a means to extend their stay in Australia indefinitely by applying for different visa types while already in the country. It aims to ensure that individuals adhere to the conditions of their original visa and discourages visa overstays.

Sharma further elaborates, "Initially applied to short-term visas like tourist visas to prevent extensions of stay through different visa categories, its application to student visas adds a new layer of complexity for international students and workers."

Implications:

For foreign students, this restriction can have significant implications. For example, if a student wishes to extend their stay in Australia beyond the duration of their student visa, they would typically need to return to their home country and apply for a new visa from there. This restriction can limit the options available to foreign students who wish to remain in Australia for further studies, work, or other purposes after their student visa expires. It underscores the importance of careful planning and understanding the visa conditions before entering Australia to avoid unintended consequences or complications in the future.

When you can request a waiver

Shashank Agarwal, advocate at the Supreme Court of India, states, "You can ask us to waive the No Further Stay condition if there is a significant change in your situation."

Agarwal specifies, "Circumstances that may lead to a waiver include medical inability to travel, war or civil unrest in the home country, a natural disaster in the home country, etc."

Examples of major changes that are reasons for a waiver:

— Inability to travel for medical reasons

— Death or serious illness of close family

— Natural disaster in home country

— War or civil unrest in home country

— Your school cannot provide your approved course

Examples of major changes that are not reasons for a waiver:

— Marriage or starting a de facto relationship with an Australian citizen or permanent resident

— Failing your course

— Pregnancy

— Ignorance of the condition being attached to your visa

Impact on employment opportunities

"For international students, especially those who depend on part-time jobs to support their studies and living expenses, the 'No Further Stay' condition significantly limits their employment prospects," says Harshita Agarwal Sharma.

"Previously, students could move to other visa categories, like skilled work visas or post-study work visas, allowing them to seek long-term career opportunities in Australia," Sharma explains. "This new restriction narrows the path to post-graduation employment, creating uncertainty and potentially disrupting career paths."

Moreover, Sharma adds, "The reduction in work options for immigrant students increases financial stress, as they now have to rely on the limited work rights provided by student visas. This change affects not only the students' financial stability but also the wider economy, as industries that depended on the labour of international students may struggle with staffing and maintaining operations. The crucial question is whether Australia is prepared for such a significant shift in its workforce."

Impact on Indians

The tightening of student visa rules by Australia has sparked concerns among Indian nationals, particularly affecting students and those seeking visa renewals.

Shradha Gupta, Partner at Accord Juris, points out, "The restrictions will significantly impact students' ability to fund their education and livelihood, despite a minimal overall impact on Indian nationals residing in Australia." She notes the limited circumstances under which a waiver for the 'No Further Stay' condition can be sought, offering scant relief.

However, Gupta sees a positive aspect, "The introduction of 'Demand Visas' for skills in demand provides a potential pathway for Indians considering moving to Australia."

 Harshita Agarwal Sharma says, "Under the new migration strategy, the commitments under the Australia-India Economic Cooperation and Trade Agreement (ECTA) policy will ensure Indian graduates can still temporarily stay post-graduation, depending on their