Managing Immigration Risk

Transcription

1 Managing Immigratin Risk Strategies fr educatin prviders [Type text] Streamlined visa prcessing arrangements strategies fr cnsideratin by educatin prviders 1 Page 1

2 Table f Cntents Simplified Student Visa Framewrk... 3 Prmting integrity in the student visa prgramme... 3 Issues educatin prviders may wish t cnsider Examples f integrity cncerns fr the Department... 6 [Type text] Page 2

3 Simplified Student Visa Framewrk On 16 June 2015 the Australian Gvernment released the Future directins fr streamlined visa prcessing reprt and annunced the intrductin f a simplified student visa framewrk (SSVF) t supprt Australia s educatin services sectr. Key changes under the SSVF are: a reductin in the number f student visa subclasses frm eight t tw; and the intrductin f a simplified single immigratin risk framewrk fr all internatinal students. Subject t the regulatry change prcess, it is expected that the SSVF will cmmence n 1 July Under the SSVF, all CRICOS registered educatin prviders will be allcated an immigratin risk rating based n the immigratin risk utcmes f their internatinal students ver a 12 mnth perid. The same apprach will als be used t allcate an immigratin risk rating t each cuntry. The cmbined immigratin risk utcmes f the student s educatin prvider and cuntry f citizenship will be used t guide the level f financial capacity and English language prficiency related dcumentatin that the student wuld need t prvide with their student visa applicatin. While educatin prviders will nt have any frmal bligatins under the SSVF, they d have an imprtant rle t play in cntributing t the verall integrity and sustainability f the internatinal educatin sectr. Thrugh the effective recruitment f genuine internatinal students educatin prviders may nt nly btain r maintain a lwer immigratin risk rating but may als enhance business utcmes and the verall health f the sectr. This guide prvides an verview f sme f the strategies that educatin prviders may wish t cnsider when recruiting internatinal students. The strategies utlined in this dcument are nt mandatry but may assist educatin prviders t better target high quality genuine students. Prmting integrity in the student visa prgramme Visa integrity is a key issue cnsidered by the Department. Integrity is cncerned with ensuring that applicants are genuinely applying fr the visa fr the purpse fr which it was intended. It includes ensuring applicants apply fr the visa that is mst suitable fr them. Fr example, if an applicant s main purpse is t study temprarily in Australia then they shuld apply fr a student visa. The integrity f the student visa prgramme can be undermined by nn-genuine applicants prviding fraudulent dcuments r claims r in circumstances where an applicant des nt have a genuine intentin t either undertake study, r remain temprarily in Australia. [Type text] Page 3 Page 3

4 Issues educatin prviders may wish t cnsider Market analysis Understanding where students cme frm is a useful starting pint fr understanding internatinal students reasns fr cming t Australia. Educatin prviders may wish t: cnduct analysis f the key cuntries frm which their students cme. This analysis may help educatin prviders t understand the risks that may be present in thse areas, such as sci-ecnmic and plitical factrs that may encurage students t be nn-cmpliant with visa cnditins. This analysis may help infrm the educatin prvider abut the kind f dcumentatin (if any) t seek frm prspective students t assure the prvider that the students are genuine and able t supprt themselves in Australia, and what t ask f their agents, bth nshre and ffshre. develp strng and clse relatinships with their verseas stakehlders. A gd understanding f the integrity issues in the ffshre envirnment where prspective students cme frm is essential t enable educatin prviders t identify genuine, high quality students. interview prspective students abut their intentins fr studying in Australia. This may assist the prvider t identify risks in their student recruitment prcesses. develp their awareness f the way in which the Department identifies and manages immigratin risk in the student visa prgramme. Fr example an awareness f visa evidentiary requirements and risk factrs that the Department cnsiders t assess the genuine temprary entrant (GTE) requirement fr student visa applicants. Agent selectin and training Educatin prviders may wish t: cnsider including the fllwing strategies as part f their apprach t agent selectin: understand the different rles f educatin agents and migratin agents. develp clse relatinships with their agents, including face-t-face meetings and avid a wide and dispersed agent netwrk. Fr example, a large number f agents and subagents pses risks t effective mnitring f agent perfrmance. cnsider the agent s experience in student recruitment and knwledge f the internatinal educatin sectr. require agents t prvide at least tw independent references. cnsider the number f agents the educatin prvider has engaged in each regin. cnduct checks n the agent s perfrmance and reputatin, fr example with ther educatin prviders r the agent s referees cnsider prviding agents with nging training thrugh varius media. This may include nline training prgrammes, in-persn training sessins, telecnferences, newsletters and agent prtals. Agent prtals and newsletters may be a useful tl fr advising agents f updated requirements, training materials and cntact details. Page 4 [Type text] Page 4

5 prvide agents with a cmprehensive briefing pack that includes items such as the fllwing: standards under the Educatin Services fr Overseas Students (ESOS) Act 2000 and the Natinal Cde 2007 (See: Infrmatin/Pages/Regulatryinfrmatin.aspx); prgrammes ffered at the educatin prvider including entrance requirements, English language prficiency requirements and key dates; prmtinal materials; and the educatin prvider s tuitin fees, refund plicy and credit transfer plicy. Agent remuneratin Educatin prviders may wish t: cnsider their funding mdels with agents t encurage quality applicatins, and in particular whether cmmissin per applicatin ldged encurages the best quality applicatins. cnsider strategies that may encurage agents t recruit quality students, which can include paying agents a cmmissin fr each student wh is granted a visa and/r successfully cmpletes their studies. Agent perfrmance reviews Educatin prviders may wish t: cnduct regular reviews f agent perfrmance and cmpliance with the prvider s requirements. This culd include mnitring student retentin and prgressin rates. develp a prtcl fr when agents d nt meet perfrmance requirements set by the prvider. Fr example, if an agent prvides a certain number f students wh fail r d nt meet curse requirements, that agent is warned and prvided time t imprve their perfrmance. English language prficiency Educatin prviders may wish t: cnduct basic checks f English language test results using nline verificatin tls frm English language test prviders. interview prspective nshre and ffshre students in certain situatins, as determined by the prvider. In additin t helping educatin prviders t assess a prspective student s language skills, it may als help t assess the student s financial situatin, previus educatin and emplyment histry. Asking prspective students abut why they want t study their chsen curse at yur institutin may prvide useful insights. Assessment f finances Educatin prviders may wish t: cnsider using varius channels t advise prspective students abut expected csts f studying in Australia. Fr example thrugh agents, prmtinal materials and scial media; cnsider the kind f financial checks they culd implement t minimize the likelihd f students nt being in a psitin t pay csts assciated with studying in Australia; [Type text] Page 5 Page 5

6 cnsult financial institutins abut strategies that culd help the prvider satisfy itself that prspective students have sufficient funds; cnduct a hlistic assessment f prspective students circumstances rather than relying heavily upn checking financial dcuments. Fr example infrmatin btained thrugh interview, r ther means, abut the student s family backgrund, abut whether previus educatin wuld have required a significant amunt f financial supprt, culd assist educatin prviders t assess the financial capacity f the prspective student. Educatin prviders culd als cnsider training their staff and/r agents t assess the financial capacity f prspective students t a standard determined by the prvider. Mnitring students financial situatins Educatin prviders may wish t: cnsider implementing measures fr early detectin f financial hardship. Sme educatin prviders issue students with tuitin fee invices n a regular basis s that they can identify when students are experiencing financial difficulties. prvide services t help students manage financial difficulties, such as cunselling services, training curses and nline materials. These may assist students with budgeting, finding affrdable accmmdatin and seeking apprpriate emplyment. Visa cmpliance Educatin prviders may wish t: regularly review and assess whether students are cmplying with their visa requirements. Fr example, educatin prviders culd check that students are meeting attendance and perfrmance cnditins, and that they are n track t cmplete their studies befre their visa expires. cnsider adpting a prcess that enables them t identify students wh are at risk f breaching their visa cnditins, and address any issues at an early stage. Examples f integrity cncerns fr the Department Example 1: English language skills An applicant, wh did nt have the English language skills t meet the visa requirements, arranged fr an impstr t sit the English language test n their behalf. The Department identified this fraud thrugh (a) a facial cmparisn f the pht n the test results with anther pht f the applicant; (b) an interview with the applicant which indicated a lw level f English prficiency and (c) verificatin f the Internatinal English Language Testing System (IELTS) scre nline. While the Department has prcesses in place t detect and take actin against English test fraud, educatin prviders may wish t cnduct basic checks f test results using the nline verificatin tls available frm the test prviders. Page 6 [Type text] Page 6

7 Example 2: Genuine student / temprary entrant A departmental case fficer had t cnsider a student visa applicatin cncerning an applicant frm a cuntry with high unemplyment, wh had strng family ties t Australia and wh had nt studied fr a significant perid f time. The case fficer requested an interview with the applicant t btain further infrmatin. At the interview, the applicant was unable t explain why he had chsen his prpsed curse and prvider and hw the curse wuld benefit him. Given the applicant s lw emplyment prspects in his cuntry f rigin, strng ties t Australia and the applicant s inability t prvide basic infrmatin regarding his prpsed curse f study, the applicatin was refused. Example 3: Family backgrund and financial supprt A departmental case fficer received an applicatin in which the student s parents claimed t be in high-paying jbs in a reputable industry. The case fficer requested an integrity check n the applicatin as these claims were uncmmn in the regin frm which the visa applicant came. The fficer was able t identify that the student s parents did nt have sufficient funds t cntribute twards the student s expenses. The applicatin was refused as the case fficer was nt satisfied the applicant had sufficient funds t supprt himself in his studies nshre and, therefre, was nt planning t cme t Australia with the genuine intentin t study. Example 4: Dcument fraud An verseas pst identified an ffshre website which claimed t be selling high quality frgeries f academic transcripts fr use in migratin applicatins. In these cases, fficers are briefed n the basic characteristics f the frged dcuments and arrangements are put in place t verify qualificatins with the issuing educatin prviders. Page 7 [Type text] Page 7