Migration Regulations

The student counsellor should be aware of migration regulations affecting international students.

Migration Regulations

Migration regulations are usually the responsibility of the national government in destination countries. In general, migration regulations control all movements across a country’s borders, both outward-bound emigration of citizens and residents and inward-bound immigration of foreigners.

Some countries have strict border controls to restrict entry and rarely admit new citizens or permanent residents. Other countries may actively encourage immigration (e.g., to overcome population or skills shortages). Foreigners may be admitted to a country as either temporary or permanent residents.

In most cases, temporary residents enter a country in either tourist, student, temporary worker or family reunion categories. Each of these categories usually has its own visa types and subtypes, with their own specific conditions and responsibilities.

The student counsellor needs to know the relevant migration regulations of a destination country. This will improve his/her advice concerning students’ entry into destination countries. He/she should be thoroughly familiar with the types of visas which prospective students need, and the government authorities which administer them.

Migration Practices and Processing

In most cases apart from tourist travel, an entry visa must be obtained prior to travel to a destination country. Initial visa applications are normally lodged at the destination country’s embassy in the visitor’s home country, but increasingly, they can be lodged online. The time frame for processing visa applications can vary greatly, depending on the volume of applications, the staff available to process them, the amount of information to be dealt with, and how meticulously it is processed.

Visas may be for single entry or multiple entry. Visas are usually valid only for a limited time period, after which the visitor must either extend the visa or leave the country. In some cases, visa renewals and extensions may be lodged and processed in the destination country. In other cases, the visitor may have to leave the destination country and apply for a visa renewal or extension externally.

Immigration authorities assess the risk of visitors breaching visa conditions. Information supplied by visa applicants is used to assess this risk at a personal level. Additionally, destination countries may attach higher risk profiles to particular source countries from which visitors have a history of visa breaches. In such cases, visa applicants may have to provide additional information or assurances when applying for a visa.

Once they have entered a destination country, visa holders may be monitored to ensure visa compliance. For international students, this usually entails education institutions reporting to immigration authorities on class attendance and study progress. However, some countries may require visa holders (particularly those from so-called “high-risk” countries) to meet extra conditions, such as registering and reporting regularly to monitoring authorities. Visa holders are usually obliged to produce proof of their visa status if requested.

Penalties for breaching visa conditions vary in different countries. Breaches include Illegal entrants, those overstaying their visas, those breaching work or other restrictions, and those who have obtained a visa with false information. Penalties may include fines, detention and deportation, and prohibition against future entry.

The student counsellor should be aware of any restrictions that destination countries may have against supplying immigration advice. Some countries may have regulations requiring migration advisors to be specially licensed. In most cases, the student counsellor can advise prospective students about student visas without breaching these regulations, provided the advice does not go beyond the requirements and conditions of student visas.

Extension Questions: For each relevant destination country:

• What migration regulations affect international students?
• How are migration regulations implemented and monitored?
• How do they affect students?
• How do they affect the student counsellor?