Carlton Cold's

Hello Guys, over the last 2-yrs we have been required to pay international school fees for our two sons whilst on the student visa. This condition we knew at the outset and whilst difficult we have paid the lovely $14k each year to send our kids to a state school.

However, throughout all the literature it never indicated that should you consider to stay via another sublass or even apply for PR that whilst the application is being processed you are required to continue with those same fees.

Given the changes of processing timescales, this would mean that if we applied for either the graduate 485, 487, 885/886 visa we would have to pay fees of approx $44k until 2012 when hopefully its processed. Disappointingly we were led to believe that these restrictions wouldnt apply, as it says full work and study rights but not whilst held waiting on a bridging visa until 2012.

Our kids have really settled, enjoy there schooling and it would be devasting to return back after all the hard work over the last years getting to this position.

I am considering challenging these fees, as its completely unreasonable given we are working, paying taxes, already paid approx $27k in education fees and now expected to pay those fees for another 2-3yrs whilst immigration gets eventually around to assessing our application.

Does anyone have any advice, suggestions, ideas or ways to approach this education authority to request a 'waiver' or argue this case.

Thanks very much...

moneypenny20

A friend who came on a Student Visa had to continue paying his son's school fees whilst on the bridging visa for eight months before PR came through. I think you're lumbered to be honest.

pumpkin blossom

It may very well say full work and study rights, but until you are PR I would still expect to be paying international fees.

I started looking into student visas whenever it says I registered on here, and there were people on here right back then saying you would have to pay school fees while on the bridging visa. Although there was some talk of some states not charging as much. I remembered this even as someone with no kids. It is for sure a pain in the arse that the processing times have at least doubled, but we all knew there was the chance things could change before we came on this visa.

I personally don't think you would stand a chance, and it would be more stress and expense than it is worth, but good luck if you do decide to go for it.

shark bait

check out the graduation visa, after u have applied for your TRA
I was told there was no school fees on it.
Best getting pro advise.

Kingseat

Like the others, I knew what I was in for before I came but luckily my son is only 15 months old - however, the way things are going with timelines he may well be in school before we get PR!

Although I knew it all it does sort of sting a bit when immi move the goal posts on processing times of our PR visas.

All I think you can do is put your feelings in writing and see what happens. Someone else posted about this about 10 days ago (can't remember who). May be you could join forces?

quoll

I tend to think they would probably say that you should have known all this before you came. Remember that the government didnt sell student visas with the intent of people bringing their families over and getting in that way and really they couldnt care two hoots. I would imagine that they wouldnt have predicted that people would uproot their families for the tenuous chance of getting into Australia that way - the student market has generally been targeted at the young singles who may stay (if the job market makes it worth the government's while to let them in) or may take their skills home with them having paid for them. I would think that the government would far rather that people came, paid to learn then went home.

shark bait

The 2 yr school fees are standard, but if the individual has qualified to applly for PR after 2 yrs study then after that the school fees should not carry on, as far as I know this is the case on the graduation visa.
I know that school fees are a financial killer, We have paid 1 yrs school fees already, but before the others are due, we should be sponsered on a 857 and PR

JAJ

Just because you don't like a particular law does not normally give you a legal basis to challenge it. But if you wish to seek legal advice then there are legal practitioners out there who will assist for a fee.

canadaeh

You’re not a citizen or PR so it’s only right that you should pay international school fees. I don’t understand what the problem is? Would you be ok with foreigners going on student visas to the UK and get away paying local fees?

I agree with previous posts, just because you don’t agree with that particular law doesn’t mean you have a legal basis to fight it.

ABCDiamond

Q: Why does Australia give out so many Student Visa's ?

A: To get overseas people coming to Australia and paying for education.

I can't see them wanting to change the rules.

Kingseat

I don't think any of us mind (well, yes we do but it is all part of being here on student visas) paying the fees - it just gets hard when you get through everything you need to be able to apply for PR only for immi to then say we're not processing your PR application for at least 2 years (I have heard up to 5 on here before). Students are the bottom of the pile when it comes to PR applications I believe.

For many of us the timeline given by immigration is way longer now than when we applied for our original visas.

Tough some may say and I appreciate that. I think most could manage paying say 1 year's fees but up to 5 could possibly tip people over the edge when they've already spent much of their life savings just getting to the position of being able to apply for PR.

Just hard when immi constantly change processing times making it further and further away. Rambling now...sorry

pumpkin blossom

At least we can work full time when on the bridging visa

NikiL

Yes it becomes hard, but sorry, you knew the score when you went for the original visa. Economic circumstances have changed, so the visa processing has changed.

Challenge the legal status by all means, but don't be surprised if it costs you far more than the fees would have by the end of it all, and I wouldn't like your chances of success.

Sorry if this sounds harsh, but it's one of the risks (knowingly or unknowingly) you take when you take the option of a student visa - especially with a family in tow. They would probably say that you should have checked if the fees continued if you applied for another visa class.

mandyp

I totally appreciate your fruatration, but really can't see you having a leg to stand on arguing this. . .have you read this statement?

http://www.immi.gov.au/students/students-gsm.htm

This comes from it. . .Students should not make educational choices solely on the basis of hoping to achieve a particular migration outcome, as the GSM program will continue to change and adapt to Australia’s economic needs.

The Student visa is not a direct route to residencey, you are not a citizen so have no rights. . .however all the best to you and good luck if you decide to pursue. . . .

Cheers
Mandy

Ozzidoc

OT.......

Q: Why the apostrophe misuse??








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