Visa Hopping: Why Repeated Student Visa (SC500) Applications May Lead to Refusal

Visa hopping – applying for another successive temporary visa to extend your stay in Australia might seem like a convenient way to maintain your lifestyle down under. However, if you are considering another onshore Student Visa (Subclass 500), it is important to note that it is not as simple and straightforward as before.

Understanding Visa Hopping

Visa hopping often refers to the practice of continuously applying for temporary visas (i.e. visitor visa, student visa…) to remain in Australia. While the country offers a variety of visa pathways, resorting to repeated applications to extend one’s stay can raise red flags with the Department of Home Affairs (DoHA).

What are the Consequences of Repeated Student Visa (SC500) Applications?

Each student visa application requires the applicant to satisfy the Genuine Temporary Entrant (GTE) or the “Genuine Student” criterion, demonstrating intent to genuinely study and then return home. Multiple applications may lead the case officers to question your true intentions, potentially resulting in a visa refusal.
With the latest changes of visa hopping, individuals holding or previously held a Visitor visa (Subclass 600, 601), Temporary Graduate (Subclass 485) visa, Medical Treatment Visa (MTV) (Subclass 602) and Maritime Crew (Subclass 988) visa are not eligible to apply for a student (SC500) visa onshore as their next visa. If they do, they may receive an invalid visa application, which may lead to being an unlawful non-citizen.
If you have a visa refusal on your immigration history, it will also affect your future visa applications. This could also make it harder to transition to a more permanent visa pathway.

Make sure to evaluate your overall objectives and consider how a student visa aligns with your academic and career aspirations. Start exploring a longer-term visa option, and consider speaking with an immigration lawyer to explore a suitable PR visa pathway.

How Can Agape Henry Crux Help

Speak with an immigration lawyer for tailored advice on your next steps to avoid future complications and identify a pathway to PR. Our team of immigration lawyers at Agape Henry Crux work closely with two of our Accredited Specialists in Immigration Law who specialise in handling highly complex matters. You can schedule an appointment with one of our lawyers to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.

We speak fluent English, Mandarin and Cantonese. If this isn’t your language, we can also help you arrange an interpreter.

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.

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