Universities' Power To Issue Temporary Student Visas

International students often need to obtain a student visa to study in a foreign country. The visa type and requirements vary depending on the country and the student's circumstances. In the United States, for example, there are three primary student visa types: F, J, and M. Each visa category has specific eligibility criteria and requirements, such as enrollment in an accredited institution, participation in an exchange program, or pursuing vocational studies. Other countries like Australia also offer temporary visas that may allow for unrestricted study, depending on the specific visa conditions. Understanding the visa options and requirements is crucial for international students intending to pursue educational opportunities in a foreign country.

Student visa requirements

To study in the US as an international student, you must obtain a student visa. The type of student visa you need depends on the nature of your course of study and the type of school you plan to attend.

F-1 Visa

The F-1 Visa is for international students pursuing full-time academic studies. It allows you to enter the US as a full-time student at an accredited college, university, seminary, conservatory, academic high school, elementary school, or other academic institution, including language training programs. To be eligible, you must be enrolled in a program or course of study that leads to a degree, diploma, or certificate. Your school must also be authorized by the US government to accept international students.

M-1 Visa

The M-1 Visa is for international students pursuing full-time vocational studies. This includes students in vocational or other non-academic programs, excluding language training.

J-1 Visa

The J-1 Visa is an exchange visitor visa for foreign nationals participating in work-and-study-based exchange programs. This includes visiting scholars, camp counselors, au pairs, and research assistants.

To obtain a student visa, you must meet the following requirements:

• Enroll in a school and take courses that are certified by the Student and Exchange Visitor Program (SEVP).
• Be enrolled as a full-time student.
• Have sufficient funds to support yourself during your studies.
• Maintain a residence abroad with no intention of giving it up.
• Be proficient in English or be enrolled in courses to improve your English proficiency.

Temporary visa holders' study restrictions

Temporary visa holders are generally not restricted by study limitations, except for student visa holders. Students with a student visa are required to enrol in a CRICOS (Commonwealth Register of Institutions and Courses for Overseas Students) registered course and comply with ESOS (Educational Services for Overseas Students) legislation and student visa-related conditions. Student visas are subject to condition 8104 or 8105, which allow limited work in Australia.

In the United States, there are two non-immigrant visa categories for persons wishing to study: the F and M visas. The F-1 Visa (Academic Student) allows you to enter the US as a full-time student at an accredited college, university, or academic institution, or in a language training program. The M-1 visa (Vocational Student) category includes students in vocational or other non-academic programs, excluding language training.

In Australia, student visa holders are not allowed to work for more than 40 hours per fortnight (8105 condition- work rights) as part of the visa condition. However, there has been a temporary relaxation of the rules in certain circumstances. For example, during the pandemic, work restrictions for student visa holders were relaxed to allow primary and secondary student visa holders to work over their normal limit of 40 hours per fortnight to address workforce shortages.

Student visa application process

The student visa application process can be lengthy, so it is important to start preparing well in advance—at least three to five months before your course is due to start. The steps to apply for a student visa vary depending on the country and the type of student visa. However, here is a general outline of the student visa application process:

Research Your Options:

First, determine the type of student visa you need. In the United States, for example, there are three types of student visas: F, J, and M. The F visa is for studying at an accredited college or university or for studying English at a language institute. The J visa is for exchange programs, including high school and university study. The M visa is for non-academic or vocational study or training.

Apply to an SEVP-Approved Institution:

Apply for admission to a Student and Exchange Visitor Program (SEVP)-approved school in the US. Only SEVP-approved institutions can enroll students in the Student and Exchange Visitor Information System (SEVIS) and provide the necessary documents for your visa application.

Pay the SEVIS Fee:

Pay the Student and Exchange Visitor Information System (SEVIS) fee. This fee must be paid at least three days before submitting your visa application. The fee can be paid online or via paper form, which can be accessed through the US Immigration and Customs Enforcement (ICE) SEVP website.

Complete a Student Visa Application:

Complete the online visa application form, usually the DS-160. This form will require personal details such as name, date of birth, address, travel plans, educational background, and financial information. You will also need to upload a recent photograph that meets the specified requirements.

Pay the Visa Application Fee:

Pay the non-refundable Machine Readable Visa Fee or 'MRV fee'. This fee can usually be paid in person at an approved bank, by phone, or online.

Schedule and Attend a Visa Interview:

Schedule an interview at a US embassy or consulate, either online or by phone. You will likely need to provide your MRV fee number when scheduling the interview. Bring all required documents to the interview, including your passport, SEVIS form, DS-160 confirmation page, MRV fee payment confirmation, photographs, academic transcripts, and financial evidence.

Receive Your Visa:

After the interview, the consular officer will inform you if further processing is required. If your application is approved, you will be notified of how and when your passport with the visa will be returned to you.

It is important to note that obtaining a student visa does not guarantee entry into the country. The visa allows you to travel to a port-of-entry and request permission to enter, which is granted or denied by customs and border protection officials.

Visa types

The type of visa you will need to study in the United States depends on the type of institution and program you will be attending. The United States government offers three types of student visas: F, J, and M.

F Student Visa

The F visa is for academic studies. An F1 visa is issued to students who are attending an academic program or English Language Program. F1 visas are the most common form of international student visa in the US. F1 students must maintain the minimum course load for full-time student status. F1 status allows for part-time, on-campus employment (fewer than 20 hours per week). Additionally, students can work on optional practical training (OPT) for up to one year after completion of their academic program. F-1 students may not work off-campus during the first academic year but may accept on-campus employment. After the first academic year, they may engage in three types of off-campus employment:

• Curricular Practical Training (CPT)
• Optional Practical Training (OPT) (pre-completion or post-completion)
• Science, Technology, Engineering, and Mathematics (STEM) Optional Practical Training Extension (OPT)

J Exchange Visa

The J visa is for exchange programs, including high school and university study. A J1 visa is issued to students who need to obtain practical training that is not available in their home country to complete their academic program. J-1 student status allows for similar employment as the F1 visa, with similar restrictions, as long as permission is given by the exchange visitor program sponsor.

M Student Visa

The M visa is for non-academic or vocational study or training. An M1 visa is issued to a student who is going to attend a non-academic or vocational school. M-1 visa holders for technical and vocational programs are not permitted to work during the course of their studies. The M-1 student visa applicants must have evidence that sufficient funds are immediately available to pay all tuition and living costs for the entire period of intended stay. M-1 students may engage in practical training only after they have completed their studies.

Other Visas

For short periods of recreational study, a Visitor (B) visa can be used. Enrollment in a short recreational course of study, which is not for credit toward a degree or academic certificate, is permitted on a visitor (B) visa. Students with permanent visas and most temporary visas (including provisional and most bridging visas) have unrestricted study entitlements.

Visa accreditation

United States Visa Accreditation Process:

To study in the United States as a full-time student, individuals typically need to obtain a student visa. The US government offers three main types of student visas: F, J, and M. Each visa type has specific requirements and eligibility criteria.

F Student Visa:

The F visa is for individuals seeking to study at an accredited US college, university, or English language institute. To be eligible, applicants must be enrolled in an academic educational program, a language training program, or a vocational program. The school must be approved by the Student and Exchange Visitor Program (SEVP) and authorized by the US government to accept international students.

J Exchange Visa:

The J visa is for individuals participating in exchange programs, including high school and university studies. The issuing institution must be accredited, and credits earned during the exchange program must be recognized by other institutions and employers.

M Student Visa:

The M visa is for non-academic or vocational study or training in the United States. It is designed for students in vocational or other non-academic programs, excluding language training.

Steps to Obtain a US Student Visa:

• Apply and gain acceptance to an SEVP-approved institution. This step involves researching and choosing an accredited institution and program.
• Pay the Student and Exchange Visitor Information System (SEVIS) fee. This fee is required for processing the visa application and must be paid at least three days before submitting the application.
• Complete the US student visa application (DS-160) and submit it online. This form requires personal details, travel information, academic background, and financial evidence, among other things.
• Pay the visa application fee, also known as the Machine Readable Visa (MRV) fee. This non-refundable fee can be paid in person at an approved bank, by phone, or online.
• Schedule and attend a visa interview at a US embassy or consulate. This interview is a crucial step in determining the applicant's eligibility for a US student visa. Applicants may be asked about their academic background, financial resources, and plans for after their studies.

It is important to note that the visa accreditation process can be lengthy, so individuals should start preparing well in advance—at least three to five months before their intended start date. Additionally, specific requirements and steps may vary across different US embassies or consulates, so it is essential to consult the instructions provided by the relevant embassy or consulate.

Temporary Student Visas:

In some cases, individuals seeking short periods of recreational study or non-degree-related courses may be able to obtain a temporary visa, such as a Visitor (B) visa, depending on the country. These visas typically have different requirements and restrictions compared to full-time student visas.

In summary, the visa accreditation process involves researching and choosing an accredited institution, completing the necessary applications, providing required documentation, and, in some cases, attending an interview. The process ensures that international students meet the necessary criteria to study in their chosen country and helps facilitate their entry and stay during their studies.

Frequently asked questions