MD 107 revoked and replaced by MD 111

View this email in your browser

As of midnight, Ministerial Direction 107 (‘MD107’) was revoked and Ministerial Direction 111 (‘MD111’), signed by the Assistant Minister of Citizenship and Multicultural Affairs, Julian Hill, became active. This new directive establishes a new approach to prioritising the processing of offshore student visa applications and re-introduces, with a new use, the NOSC levels that were first introduced as part of the enrolment caps in the ESOS Amendment Bill that the Australian Federal Parliament effectively rejected in November.

This morning, along with the other sector peak bodies, English Australia attended the International Education Stakeholders Forum, led by the Department of Education and attended by the Department of Home Affairs Student Visa Program team, to clarify the details of MD111. We can now confirm the following:

1. Under MD111 there will be two priority levels (‘Priority 1 – High’ and ‘Priority 2 – Standard’) for visa processing officers to consider with respect to student visa applications made outside of Australia (offshore applications).
2. All providers will start at Priority 1 – High one regardless of the Evidence Level of the provider or student.
3. Vocational and Higher Education providers will move to Priority 2 – Standard when PRISMS records show that they have reached 80% of their NOSC ‘threshold’. (This is the new name for the NOSC limit that was shared with VET and HE providers earlier this year as part of the failed ESOS Amendment Bill’s enrolment caps.)
4. Applications for student visas for Stand Alone ELICOS enrolments will not be included in the 80% NOSC count and will be fixed at Priority 1 – High.
5. A range of other students will not be included in the 80% NOSC count and will default to Priority 1 – High, including:

1. School Students.
2. Non-Award students (Foundation and Study Abroad).
3. TAFE students.
4. Students recognised as Transnational Students by the Department of Home Affairs.
5. Post Graduate Research students.
6. Pilot Training students.
7. Students in Australian or foreign government scholarship programs or Australian government sponsored programs.
8. Under 18-year-old students who are a dependant of a student visa holder/applicant or of the partner of a student visa holder/applicant.

This will mean that the Priority 1 – High group of providers will begin the application period as very large and as applications are processed and visas are granted it will gradually shrink while Priority 2 – Standard increases in size. As such, the Department is emphasizing the importance of early applications. The Department has recommended a minimum of 8 weeks in advance for Priority 1 – High and 16 weeks for Priority 2 – Standard.

Providers should also note that MD111 does not address onshore visa applications. Onshore visa applications will sit outside the priority system. Current wait times for these students sit at an average of approximately 4 to 6 months. There is an expectation in the sector that MD111 will see these wait times grow; however, DHA have noted that as MD111 does not apply to these applications they should not be impacted.

Members should also note that the indicative NOSC limit was only released for the 2025 calendar year. The Department has advised that applications for student visas that would start in the 2026 calendar year will not fall within the remit of MD111 until a NOSC level is set for each provider for that period and, hence, won’t be processed.

Finally, members should note that the Department has clarified that an enrolment will be counted toward the 80% NOSC threshold for 2025 once a visa has been granted for the associated CoE. That is, unlike the previous explanation of the NOSC, the count happens when the visa is granted, not when the student actually commences. Providers will be able to see their progress toward their 80% NOSC threshold in PRISMS. The department has advised that when a CoE is cancelled it will be removed from the count toward the 80% threshold.

For those wishing to read the document themselves, MD111 can be accessed here. 
 
Providers should be aware that the Department will be hosting webinars to give information on the new system and all members are encouraged to attend these. As further information comes to light, English Australia may also move to host a webinar to help answer questions that members may have.