UK student visa family

Letter to the Editor – Sunshine Coast Daily
22 July 2010

Dear Sir/Madam

The Sunshine Coast Daily article (Would-be Aussies forced to return to England, 22/6/2001), about the Fulluck family and their bid to remain in Australia is heavy on emotion and rhetoric but light on fact, despite the journalist being supplied significant information by the Department of Immigration and Citizenship (DIAC) prior to publication.

The Fulluck family made their decision to come to Australia on a temporary student visa with the full knowledge that it was not a visa to live permanently in Australia. A student visa is just that: a visa which enables someone to study in Australia – and not a guarantee of permanent residency.

Australia's migration program is driven by the skills that the country requires and these skills change according to demand from Australian industry – skills required in one year may not be needed in following years. The skilled occupation list is a constantly updated list of in-demand skills.

The Fullucks claim they took advice from a migration agent before deciding to come to Australia on a temporary visa. They also say they assumed changes to skills in demand would only apply to new applicants. They made a deliberate decision to sell their home in England and move to Australia in the hope of gaining permanent residency.

Generous provisions have been put in place for students who have qualifications for skills that are no longer on the skilled occupation list, including the opportunity to apply for an 18-month visa allowing them to work and seek sponsorship to apply for permanent residency.

It is important to remember the department is bound by the law – visa applications must be decided based on the individual circumstances of the person and whether they meet legal criteria for a visa. We do not have discretion to ignore the law.

The Fullucks compare their situation with would-be asylum seekers. While they may be disappointed with their situation, there is no comparison between their decision and that of asylum seekers fleeing persecution and/or threats to their lives.

Yours sincerely
Sandi Logan
National Communications Manager
Department of Immigration and Citizenship