2. You must maintain satisfactory attendance in your course and meet course progress re= quirements for each study period as required by your education provider.

8501

1. You mu= st maintain adequate arrangements for health insurance during your stay in Australia.
Note: Under policy, this means that you must maintain Overseas Student Health Cover (OSHC).

8516

1. You mu= st continue to satisfy the requirements for grant of your student visa. This means, for example, that your main course of study must continue to be a co= urse in the education sector that matches your student visa, and that you must c= ontinue to have sufficient financial capacity to support your study and stay in Australia.

8517

1. You mu= st maintain adequate schooling arrangements for your school-age dependants who joined you in Austra= lia on a dependent family member visa for more than 3 months.=

8533

1. You mu= st notify your education provider of your residential address in Australia within 7 days of arriving in Australia. You must notify your education provider of any change in your residential address within 7 days of the change.

2. You mu= st notify your education provider of a change of education provider within 7 d= ays of receiving the electronic Confirmation of Enrolment certificate or eviden= ce of enrolment.

8534

 (This condition applies to Subclass= 570, 572, 573, 574, 575 and Assessment Level 3 and 4 applicants where the course duration is 10 months or less; it may be imposed on other Student visas on a discretionary basis)

1. You ar= e not entitled to be granted a further substantive visa, other than: <= /span>

a)   a  protection visa ; or

b)   a Student visa with Permissi= on to Work
Note: if you apply for and are granted Permission to Work, this will change only the work conditions on your Student visa, all other conditions = will remain the same including 8534

c)   a   further Student Guardian (Subclass = 580)  visa <= o:p>

Note: The effect of this visa condition is that, exce= pt in extremely limited circumstances, it will not be possible for you to rema= in in Australia beyond the date authorised by your visa.

&nbs= p;

Partner or Dependent Family Member of a Student Visa Hol= der

The partner or dependent family mem= ber of a student visa holder can work up to 20 hours a week - this applies acro= ss all the student visa subclasses.

Condition 8104 states that the hold= er ‘must not engage in work for more than 20 hours a week'.

A ‘week' is defined as commencing on Monday and ending on Sunday.

Dependants of  574 p= rimary visa holders who have commenced a Masters or Doctorate Degree are exempt fr= om this requirement. It applies to those family unit members who have been gra= nted permission to work or a student visa granted on or after 26 April 2008.

Permission to work (PTW) and Condition 8= 104

From 26 April 2008 a= ll dependants who are granted a student visa are subject to condition 8104. Condition 8104 restricts dependants from undertaking work (voluntary work m= ay be permitted in certain circumstances) until the primary student has commen= ced their course of study in Australia. It also restricts them to no more than 20 hours of work per week at all tim= es. The exception is for dependants of students who have commenced a masters or doctorate course. Dependents of these students may work unlimited hours und= er condition 8104. Dependants granted a student visa before 26 April 2008 will still have= to apply for Permission to Work (PTW) to gain condition 8104.

Note that the 20 ho= urs a week relates to each week during which the course is in session. The 20 h= ours a week cannot be "averaged out" over the duration of the course.<= o:p>

&nbs= p;

Changes to Automatic and Mandatory = Cancellation of Student Visas

As of 13 April 2013, automatic and mandatory student visa cancellations are being abolished.  Instead a discreti= onary framework will be used, which means that if an international student breach= es their visa conditions, the department will consider the individual circumstances of the breach.  = All student visa holders must abide by the conditions that apply to their visa = or still risk having their visa cancelled.

What is automatic cancellation?

Automatic cancellation occurs when a student visa holder is reported by their educati= on provider for not maintaining satisfactory course progress or class attendan= ce. The student visa holder will receive a notification from their education provider about this breach. A student must attend a departmental office wit= hin 28 days of receiving this notification, to discuss the possible ceasing of = the visa cancellation process. Students who do not contact the department within the 28 days will have their visa automatically cancelled.=

&nbs= p;

What is m= andatory cancellation?

Mandatory cancellation primarily occurs when a student breaches visa conditions relat= ing to work restrictions. This includes working for more than 40 hours per fortnight or working before their study commences. Mandatory cancellation c= an also occur for failing to maintain satisfactory course progress or class attendance.

What will stay the same?

Student v= isa holders will still need to abide by the conditions of their visa, including maintaining course progress and attendance. Education providers are still required to advise a student if they breach their visa conditions and to re= port this information to the department for action. Under these = changes education providers are still required to repo= rt a student visa holder who has failed to maintain satisfactory course progress= and attendance. Each report will be assessed by immigration officers.

What is discretionary cancellation?

Discretio= nary cancellation involves an immigration officer examining a report and taking = the individual circumstances of the breach into account when making a decision on whether or not to cancel the visa. Dis= cretionary cancellation for student visas gives immigration officers discretion in cancelling visas for reported breaches of course progress or attendance req= uirements. This allows the department to distinguish, for example, between a student v= isa holder who never genuinely intended to study in Australia, and one who may = be struggling with particular unit choices and could benefit from a change in course or education provider.

&nbs= p;

I am a student visa holder and have received a section 20 notice–what do I do now?

Until  13<= sup>th April 2013 education providers issue students a notice under section 20 of the Education Services for Over= seas Students Act 2000 (the ESOS Act), known as a 'section 20 notice'. A section= 20 notice is issued to a student who breached their visa conditions. If you received a section 20 notice on or before midnight 12 April 2013 you must comply with it by attending a departmental office within 28 days of the date specified in the notice. Failure to contact the department will result in y= our visa being automatically cancelled.

My visa h= as been automatically cancelled–what do I do?

If your v= isa has been automatically cancelled, you should visit a departmental office as soon as possible to discuss your visa status. You may be eligible to apply = for a revocation of the automatic cancellation.

&nbs= p;

http://ww= w.immi.gov.au/students/students/cessation-auto-mandatory-sv-cancellations.h= tm
Partner/Spouse Visas

http://www.immi.gov.au/migrant= s/family/family-visas-partner.htm

&nbs= p;

Partner Category Visa Options - If you are in Australia

·      =    married partners =

·      =    de facto partners (including those = in a same-sex relationship)

&nbs= p;

If your partner is living in Australia you may be eligible for a partner visa. This is for people of all genders a= nd sexualities – and includes same-sex couples. Partners of Australian citizen= s, Australian permanent residents or eligible = New Zealand citizens may appl= y to enter and/or remain permanently in Australia.<= /p>

Partner Tempor= ary Visa (subclass 820) and Permanent Visa (subclass 801) http://www.immi.gov.au/migrants/partners/partne= r/820-801/index.htm

- For applicants who are in Australia when they apply for this visa otherwise referred to as an “Onshore Application”

Pa= rtner Temporary Visa (Subclass 309) and Permanent Visa (Subclass 100)<= /span>

http://www.immi.gov.au/migrants/partners/partner/309-100= /index.htm

- For applicants who are not in Australia when = they apply for this visa otherwise referred to as an “Offshore Application”

Pr= ospective Marriage Visa (Subclass 300)

http://www.immi.gov.au/migrants/partners/prospective/300= /index.htm - For applica= nts who want to come to Australia to marry their prospective spouse. It is a temporary visa for nine months. You must be outside Australia when you lodge your application and when the visa is granted. You can have the weddin= g in any country: the wedding does not need to be in Australia.

Mo= re information on all of the Partner/Spouse Visas is available from the Partner Migration booklet.  http://www.immi.gov.au/allforms/bo= oklets/1127.pdf

For all applicants for these visas, whether or not employed in the sex industry,  the criteria include that: the applicant and their sponsor have a mutual commit= ment to a shared life to the exclusion of all others; the relationship between t= hem is genuine and continuing; they live together or do not live separately and apart on a permanent basis.

 <= /o:p>

People holding partner visas who are found working in brothels or massage parlours may experience difficulties w= ith their partner visa application if:

a)&n= bsp;     their partner is not aware that they are working in the sex industry; or

b)&n= bsp;     they are working in another city in which their partner does not live.

Partner Temporary Visa (Subclass 82= 0) and Permanent Visa (Subclass 801)

Both visas are for people to stay i= n Australia with their partner, who must be an Australian citizen, Australian permanent resi= dent or eligible New Zeal= and citizen. If two years after you apply the spousal relationship is ongoing, a permanent visa may be granted.

http://www.immi.gov.au/migrants/partners/partner/820-801= /index.htm 

http://www.immi.gov.au/migrant= s/family/partner-inside.htm

Ex= pired Visas

Under the Migration Act 1958 (the Act), if your visa expir= es while you are still in Australia, you become an 'unlawful non-citizen' if you don’t have another visa. = The Act provides that if you have no entitlement to remain in Australia, you may be detained and removed from Australia as soon as practica= l.

Department of Immigration and Border Protection (DIBP) o= fficers known as Compliance Officers locate people who have become 'unlawful non-citizens' or who are commonly known as 'overstayers'. If there is no le= gal entitlement for them to remain, they are expected to depart Australia.

If you are in Australia without a visa and are located by DIBP this can cause problems for you, such as:

·      =    Risk of being detained and rem= oved from Australia. In this case you will owe a debt to the Australian Governme= nt for the cost of your detention and removal

·      =    Not being able to be granted another visa to Australia for three years after you leave Australia.

If you become aware that you are an 'unlawful non-citize= n' taking immediate steps to legalise your status (you may wish to seek legal advice)= , or making immediate arrangements to depart and contacting the compliance secti= on of your nearest office of the Department of Immigration and Border Protecti= on with evidence of your departure booking will be of benefit to you particularly in regards to any future attempts to return to Australia.

Immigration detention facilities in Australia

There are several different types of immigration detenti= on facilities in Australia:

·      =    Immigration Detention Centres (IDCs= ), designed for a range of unlawful non-citizens including ‘overstayers&= #8217; and asylum seekers who arrive without authorisation. There are currently se= ven IDCs operating in Australia, including six mainland facilities in Curtin, Darwin, Perth, Maribyrnong, Villawood and Weipa and one offshore facility on Christmas Island.

·      =    Immigration Residential Housing (IR= H), which aim to provide a flexible detention arrangement to enable people in immigration detention to live in family-style accommodation. IRH facilities= are located in Perth, Port Augusta and Sydney.

·      =    Immigration Transit Accommodation (ITA), designed for people who are a low security risk. ITA facilities are located in Brisbane and Melbourne.

·      =    Alternative Places of Detention (APODs), designed for people who have been assessed as posing a minimal ris= k to the Australian community. APODs are located in Darwin, Inverbrackie and Leonora.

If you are eligible, a departmental officer will grant y= ou a bridging visa to give you lawful status for a short time. The bridging visa provides an opportunity to organise your personal affairs before departure = or to lodge an application for a new visa, if this is an option for you. =

In this situation, getting legal and immigration advice about your visa options is very important because there may be another visa= you can apply for.

Further information: