From Student Visa refusal to Permanent Residency

There has been a surge on Student Visa refusals since last year.  The grant rate for Student Visa applicants who enrolled for the Vocational Education and Training (VET) sector plummeted from 96.1% to 57.1% for onshore applications and from 60.6% to 36.3% for offshore applications during the period of 1 April 2023 until 30 June 2024, according to the Student visa and Temporary Graduate visa program report published by the Department of Home Affairs in June 2024.  Some of those who were refused onshore appealed so they can continue to study and stay in Australia.  

The following is an account of my interview that showcases the migration journey of a couple who transitioned from a Student Visa refusal to obtaining Permanent Residency in Australia, highlighting their challenges and eventual success.  

How did your migration journey start?

“When my husband and I first arrived in Victoria as international students. I arrived in February 2022, while he had come before me. With his visa set to expire, we decided he would apply as my dependent instead of seeking a new visa, so we could stay together while I pursue my studies. 

At that time, my plan was simple: finish my education and return to the Philippines. I just wanted to earn an Australian diploma to help advance my career as a university professor back home. But after spending time here, I have come to love the place and started thinking about the “what ifs” and the better future we could have here in Victoria.”

Tell us about your Student Visa refusal experience. 

“We lodged the application of my husband but unfortunately, it was refused because the authorities felt he didn’t have enough ties to the Philippines, citing the lack of recent employment there. While this was somewhat true – since he had come to Victoria for his studies and hadn’t been employed in the Philippines since then, we found ourselves in a difficult situation. 

I couldn’t imagine staying here without him, especially since he was the one supporting me – driving me to school and helping around the house. That’s when we met Atty. Johanna, who was still a migration agent at the time. Rather than giving up, she took the time to understand our situation and sought alternative solutions.”

How did you get your PR visa?

“During one of my husband consultations, Atty. Johanna casually asked about my work and educational background in the Philippines. She then suggested, “Why don’t we apply for a Skilled Visa 190, with you as the primary applicant and your husband as the secondary?” That simple question sparked a renewed sense of hope in us, and we began the process right away, starting with the ACS skills assessment. The skilled occupation ICT Trainer aligned with my profession as an IT professor in the Philippines for over five years. The results of the skills assessment were positive, and I was also able to achieve a superior score on the PTE exam. After that, we submitted our Expression of Interest (EOI) and Request for Invitation (ROI) in October 2023, and by November, we received a pre-invite. In December 2023, we received the final invitation, and we submitted our Visa 190 application that same month. After 16 months of waiting patiently, our golden email finally arrived in April 2025. My husband and I are now permanent residents of Australia.”

It is important to note that the Skilled Nominated (190) visa and the Skilled Work Regional Provisional (491) visa can be lodged onshore for those who have had a visa refusal, are still on a Bridging Visa and are eligible to apply for these visas.

What were your thoughts/emotions while waiting for your PR visa and how did you feel when it was finally granted?

“The journey has been a long and winding road for us, especially the agony we felt whenever the processing times for granting the visa kept changing. When we lodged our visa, it was estimated to take around 11 months, but it was later extended multiple times to 20 months. It often felt like we were getting closer, only to be pushed further away again. But now, we can genuinely say that every moment has been worth it. After waiting for 16 long months, we truly appreciate it even more. And now, here we are, ready to build a life and a family here in Victoria. We couldn’t be more grateful for this life-changing blessing.”

What’s your advice to people who are in the same situation and to those who are planning to migrate to Australia from offshore?

“To others who might find themselves in a similar situation, especially our fellow kababayans, we want to offer this encouragement: Don’t let a visa refusal discourage you. It’s not the end of your dreams; in fact, it might just be the beginning of a new path. Sometimes, we need to experience setbacks to help us see the way the Lord has planned for us, a path that may lead to even greater blessings than we have ever imagined. Trust the process, do everything you can, and have faith that the Lord will provide the rest.”

If you are in a similar situation, it is recommended that you seek legal advice from an Immigration Lawyer or a Registered Migration Agent to see if you are eligible for a Permanent Residency visa while still waiting for a decision on your appeal.