Last week, following many calls from distressed students, the NLC executive wrote to the Minister for Immigration and Citizenship about the change to the 2 year study rule requirement, for applications for Skilled migration.

The letter, see below, asks the Minister to reconsider the implementation of this rule to allow students who have been studying in Australia for 2 years and are now not eligible because of the change to the definition of the study load or the Cricos registration of the course.

The NLC hopes that the Department of Immigration and Citizenship can see the importance of a sunset clause in this instance so as to allow students who were previously advised by both DIAC and Education Providers, how to structure their courses for previous residency requirements,  to follow their plan to apply for permanent residency without having to commence further study.

The Hon Kevin Andrews MP

Minister for Immigration and Citizenship

House of Representatives

Parliament House

Canberra

ACT 2600

September 28, 2007

Dear Minister Andrews,

Re: Sunset Clause for two year study rule for general skilled migration

My name is Eric Yenz Pang, the National Convenor of the National Liaison Committee for International Students in Australia (NLC).  The NLC is the peak body representing international students in Australia and is widely recognized as the longest running student organization of its kind at the national level.

The NLC has member organizations on most university campuses across Australia and has branches in all states and territories that are made up of representatives from the member campuses.  With this structure we are able to keep up to date information on international student issues and incorporate that into all government proposals, changes and initiatives.  An area in which NLC has been strongly involved recently, is the change to the general skilled migration program that was introduced on September 1 this year. NLC has contributed several written submissions and comments to the departmental review and attended many information sessions with DIAC staff throughout the process.

The skilled migration program has been the driving force behind the enormous growth in Australia's international education industry which is evident in the large enrolment surplus in courses in all sectors which lead to permanent residency. It has been anticipated that many international students will try to gain permanent residency through this system hence this clearly marks the intention of both the education industry and the immigration department.

Ever since the implementation on September 1^st, we have received many complaints about the 2 year study rule changes because students are now required to spend, under the new skilled migration program, at least 2 years studying in Australia in a CRICOS registered course. In the past, students were able to substitute the 2 years of full time study with their enrolled 1.5 years registered course because undertaking 3 units per semester for the two years was deemed equivalent to the full time studying of 4 units per semester.  The change, however, now requires students to study a minimum of 2 years with the duration of their course exactly as it is registered on CRICOS.

However, NLC is concerned that the education industry and the immigration department have unintentionally misled students by encouraging enrollment in courses as described above because these students' situations have not been considered in the introduction of the new changes.  Currently under the new ESOS Act, education providers and recruitment agencies must not provide false or misleading information about migration outcomes or opportunities when recruiting students, NLC is concerned that the institutions by following DIAC policy and guidance at the time have breached the ESOS Act.

There are now many students enrolled in courses that have just finished or will complete over the next 18 months with this enrollment structure. These students had been advised by education institutions and immigration officials to enroll full time for two years in courses that were registered as 1.5 year long courses on the official CRICOS register so they were eligible to apply for skilled migration. These students are now finding that they do not meet the study requirements.

Students and education institutions were not informed in advance of this change as it was not highlighted at the many DIAC information sessions addressing skilled migration changes, nor was it addressed in the Departments review into general skilled migration last year. Following the changes to skilled migration requirements, because there are many students who structure study and course plans around their plans to apply for migration, NLC would like the government to consider these students and introduce a sunset clause for all students who enrolled in these courses from Semester 1, 2006 and will graduate over the next 18 months.

The international education industry, as the 4th largest export industry in Australia, is reliant on stable government policy. Changes such as the one that is now affecting potentially thousands of students across Australia, should take into consideration the students circumstances; students who pay many tens of thousands of dollars to gain an Australian qualification, pay tens of thousands of dollars to live in Australia, make sacrifices and plans based on what they are led to believe is true and accurate information, by government department employees.  Treating them now as cheats or disregarding their circumstances is highly unfair and in the long term the international education industry and the skilled migration outcomes of Australia will suffer the effect of such harsh treatment.

In summary, these students have stayed in Australia for at least 2 years while completing their post graduate course which is registered on CRICOS as 1.5 years to complete.  They have attained higher academic qualifications and exercise good commands of English with a minimum of 6.0 IELTS to qualify for permanent residency.  These students are looking forward to employment and contribute towards the skill shortage professions.  They had the courage to leave their family and friends back home and migrate to Australia for good.  They were not informed of the changes when they enrolled for the course and were not aware that the changes would affect their future career and life long planning.  They were also not informed that changes that occurred would effect them, as the changes for some, occurred after they graduated.  These international students could not proceed with the skilled migration process only because of the CRICOS  registration length,  and other changes such as the department now not recognising  prior learning credits.  If not for these technicality changes, these students would definitely qualify as skilled migrants.

We ask that your department please consider introducing a sunset clause to allow the affected students the ability to apply for permanent residency.  Such a move would demonstrate that the Australian government regards international students studying in Australia as more than a convenient source of revenue, but also as potential citizens contributing to the Australian community.  For your benefit, I have attached an email from a student at Adelaide University who is affected by these changes and another from the University of Technology, Sydney who have both approached NLC for help and advice in this traumatic and disappointing time for them.

If you would like to discuss this matter with me please contact me on 0422 868 948, alternatively, my email address is .

I look forward to receiving a favourable response to this matter.

Serving international students,

Eric Yenz Pang

National Convenor 2006-2008

National Liaison Committee for

International Students in Australia.

Cc

Ø      Minister Julie Bishop, Minister for Education Science and Training

Ø      Fiona Buffinton, CEO, Australian Education International, Department of Education Science and Training

Ø      Peter Speldewinde, Director, Skilled Migration Section, Department of Immigration and Citizenship

Ø      Michael Willard, Director, Student Policy, Department of Immigration and Citizenship

Ø      Linda Laker, Manager, International Quality Branch, AEI, Department of Education, Science and Training

Ø      Ainslie Moore, A/Director, International Relations, Universities Australia

Ø      Tony Adams, President, IEAA

Ø      Felicity Fallon, President. ISANA Education International

Ø      Michael Gallagher, Executive Director, GO8

Ø      Tony Burke, Shadow Minister for Immigration and Citizenship

Ø      Stephen Smith, Shadow Minister for Education, Science and Training

Ø      Michael Nguyen, President, National Union of Students

Ø      Nigel Palmer, President, Council of Australian Postgraduate Associations