Tag: seeks

  • AAERI seeks visa overhaul for Australia’s student system

    AAERI seeks visa overhaul for Australia’s student system

    The Association of Australian Education Representatives in India (AAERI), in a submission to the Minister for Home Affairs and the Minister for Education, has urged the Labor government to link student visas to the institution of initial enrolment.

    The association, established in October 1996 to uphold the credibility of education agents recruiting students for Australian institutions, proposed that any change in course or institution should require a new visa application, with the existing visa automatically cancelled upon such a change.

    “This proposed reform means that a student’s visa would be directly linked to the education provider (institution) listed in their initial Confirmation of Enrolment (CoE) at the time of visa approval. The student would be required to remain enrolled at that institution,” read a statement by AAERI.  

    The association expalined that if a student wishes to change their course or education provider, they must obtain a new CoE from the new institution, apply for a fresh student visa, and once again demonstrate that they meet all Genuine Student requirements.

    “Such a measure will strengthen the integrity of Australia’s student visa program, reduce exploitation in the education sector, improve compliance with Genuine Student (GS) criteria, and safeguard Australia’s reputation as a provider of high-quality international education,” it added. 

    “Additionally, this reform will support ethical education agents and reputable institutions by discouraging course-hopping and misuse of the student visa system, thereby enhancing student retention and sector stability.”

    Such a measure will strengthen the integrity of Australia’s student visa program, reduce exploitation in the education sector, improve compliance with Genuine Student (GS) criteria, and safeguard Australia’s reputation as a provider of high-quality international education.
    AAERI

    Based on AAERI’s submission, such a policy would align with Condition 8516, which requires students to remain enrolled in a registered course at the same level or higher than the one for which their visa was originally granted.

    As per reports, education loan applications from India, one of Australia’s biggest student markets, have quadrupled since the Covid pandemic, with the number of loan-seeking students expected to rise further.

    With many students relying on Indian public and private banks for education loans, changes in their courses in Australia have often led to their original loans being considered void, placing many at significant financial risk.

    “Based on our communication with several Indian banks, if a student changes their course or education provider after arriving in Australia, their loan arrangements may need to be reassessed, taking into account new course fees, institution credibility, and repayment ability,” stated AAERI. 

    “The original loan is void and stands suspended. This poses significant financial risks for students and impacts their compliance with visa conditions.”

    According to AAERI, the problem is also prevalent among Nepali students, with nearly 60,000 currently studying in Australia. 

    The association also highlighted examples from other study destinations that Australia can learn from in implementing the proposed framework. 

    While New Zealand allows course or provider changes but may require a variation of conditions or a new visa, especially for pathway visa holders or when moving to lower-level courses, in the UK, the student visa system is closely tied to licensed sponsors through the Confirmation of Acceptance for Studies, so changing institutions generally requires a new CAS and immigration permission.

    In Canada, stricter rules have been implemented requiring international students to be enrolled at the Designated Learning Institution named on their study permit, and to change institutions, students must apply for and obtain a new study permit, emphasising the importance of linking visas to specific institutions.

    “Australia’s recent reforms, such as closing the concurrent CoE loophole and requiring CoEs for onshore visa applications, are steps in a similar direction but do not go far enough to address the core issue of unethical student poaching, misuse of student visa and provider switching,” stated AAERI. 

    AAERI’s call for action comes at a time when the return of the Labour government is viewed as “offering little comfort to an international education sector already under-siege”, as highlighted in a recent article by Ian Pratt, managing director of Lexis English, for The PIE News.

    In Anthony Albanese’s second term, the Prime Minister established a new role – assistant minister for international education – and appointed Victorian MP Julian Hill.

    “It’s important that students who come here get a quality education… This sector is complex and Julian Hill is someone who’s been involved as a local member as well, and I think he’ll be a very good appointment,” Albanese stated at a press conference this week. 

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  • Julie Su’s Confirmation for DOL Secretary Uncertain as Senator Manchin Seeks Alternative Nominees

    Julie Su’s Confirmation for DOL Secretary Uncertain as Senator Manchin Seeks Alternative Nominees

    In the latest development on Julie Su’s contentious nomination for secretary of the Department of Labor (DOL), Sen. Joe Manchin (D-WV) appears unlikely to vote in favor of Su when her nomination reaches a floor vote in the Senate. Recent news reported that Manchin may be seeking alternative candidates for the position, though no names have been publicly revealed at this time. Given the current 51-49 Democratic majority in the Senate, however, Manchin’s potential opposition means Democrats cannot afford to lose any additional support for the nomination.

    The odds may be further stacked against Su as Sens. Krysten Sinema (I-AZ) and Jon Tester (D-MT) have yet to reveal whether they will support Su’s nomination. Although Manchin, Sinema and Tester all caucus with Democrats, they face reelection in 2024 in Republican-leaning states, leaving them in a precarious position as Republicans are seemingly united in opposing Su.

    Nomination Hearing and Committee Vote 

    On April 19, the Senate Health, Education, Labor, and Pensions (HELP) Committee held a hearing on Su’s nomination to serve as secretary of labor. During the hearing, Republicans and Democrats discussed Su’s performance as the secretary of California’s Labor and Workforce Development Agency (LWDA), including her involvement in the agency’s handling of COVID-19-related unemployment insurance payments. Republicans on the committee pointed to the widespread COVID-19 unemployment insurance (UI) fraud paid out by the state. On the other side of the aisle, Democrats defended Su’s record. With regard to the UI fraud, Democrats held that California’s statistics were low in comparison to other states.

    The hearing also focused on several key labor and employment issues that Su will work on as secretary of labor. On the topic of independent contractor classification, Republicans again focused on Su’s work at the LWDA, calling attention to her role in California’s Assembly Bill 5 law. The law establishes an ABC test, which is a three-pronged test used to classify workers as either employees or independent contractors. Republicans expressed concerns over whether Su would try to implement an ABC test through DOL regulations. In response, Democrats clarified that the ABC test is not included in the DOL’s new proposed rulemaking and that the DOL has previously stated that it lacks the legal authority to implement this test for classifying independent contractors.

    Another issue area raised by Republicans was that of joint employment. Although her support for the joint employment standard was questioned, Ranking Member Bill Cassidy (R-LA) testified that Su has committed to not pursue changes to the joint employer standard if she is confirmed. Su said she understands the importance of the franchising model, stating that there is no plan currently on DOL’s fall or upcoming spring regulatory agenda to change the standard. Notably, she did not say whether there would be a rulemaking on the joint employer issue after the upcoming spring regulatory agenda.

    A week after the hearing, the Senate HELP Committee voted to move Julie Su’s nomination to serve as secretary of labor out of committee and to a full Senate floor vote. The committee vote was divided along party lines, with 11 Democrats voting in favor and 10 Republicans voting against her nomination, foreshadowing the trouble she may face to be confirmed by the full Senate.

    Next Steps 

    Given Manchin’s likely opposition and the narrowly divided Senate, Su’s confirmation as secretary of labor by the full Senate is still uncertain. If Sinema or Tester also commits to opposing Su, Su will likely not have the votes to be confirmed. As a result, Senate Majority Leader Chuck Schumer (D-NY) has yet to announce when the vote on Su’s nomination will hit the Senate floor.

    In the meantime, Su will continue to serve as the acting secretary of labor in the absence of a person confirmed into that position. As a reminder, there are no limitations on the functions of an acting secretary, leaving Su with full authority over the DOL while her nomination is pending. That being said, anticipated rulemakings from DOL, such as the FLSA overtime rule and the independent contractor classification rule, may be held back from publication as a result of Su’s drawn-out nomination process.

    CUPA-HR will keep members apprised of any major personnel or regulatory updates from DOL.

    The post Julie Su’s Confirmation for DOL Secretary Uncertain as Senator Manchin Seeks Alternative Nominees appeared first on CUPA-HR.

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