De-linking education & migration

The link between vocational education training and permanent residency in Australia, now lies severed - and the local Indian Australian community is about to enter a new phase in their life

Down Under.

The 100,000 plus Indian overseas students, especially those undertaking vocational courses in Australia, now live in uncertain hope of gaining permanent residency, and most could be returning to India in due course.

For those who have been victims of this government change, there are going to be monumental repercussions. With every student who is now battling to understand the rules of this new game of permanent residency in Australia, there are fathers and mothers, brothers and sisters, uncles and aunts who have mortgaged their future – financial and emotional – to send their loved one to Australia with the hope of finding a better life. But now, there is no certainty that the treasure at the end of the educational journey – that permanent residency stamp – will be available. In all probability in the near future, a vast majority of international students will be packing their bags and returning to their towns and villages in India – families heavily in financial debt, their hopes crushed.

Cut out the festering wound, rather than try to cure it?

Prime Minister Kevin Rudd has built a reputation for himself as a ruthless task master after two years in office. Mainstream newspapers such as Sydney Morning Herald, The Australian, The Age, have painted a picture of a Prime Minister who ensures that public servants keep the midnight oil burning. Himself a well known workaholic, Rudd is known for his working style of getting things done. The cries of racism against Indian students have raised shackles in the bureaucracy and the Prime Minster’s office in Canberra. Rudd, himself an expert in foreign affairs - and on a personal front, with members of his own extended family coming from non-Australian backgrounds - would have had his finger on the pulse when reportage of the attacks on Indian overseas students initially began. His embarrassment at the constant accusation of Australian racism, would have been one of the lowlights of his Prime Ministership. The message coming from India seemed to be: since you are making so much money out of our students, it is your duty to ensure their full safety at all times. The Australian government tried to argue their case that it is impossible to assure this for anyone -students or otherwise. However New Delhi, egged on by the Indian media, went a step further, warning of dire consequences in case student safety was not provided. Seems like the Australian government refused to prostitute itself for the $16 billion international education industry.

The issue of racism was sucking out all oxygen from the Indo-Australian relationship. For Rudd and Australia, it was easier to cut out the festering wound than to find a cure for it.

In doing so, one estimates over 400,000 people – students and their families – would be affected but these are, as they say, collateral damage in this war.

Marrying the education and migration industries

The nexus between education and migration started in 2001 under the Howard government. With skills shortages looming, the Howard government made it easier for overseas students to apply for permanent residency while in Australia. They also opened the doors for part time or restricted employment. As the economy boomed, semi skilled jobs such as hairdressing, cookery etc were demanded by employers. The then Immigration Minister allowed bonus points for immigration to be given to overseas students who were doing the vocational courses in demand: these trades were included in a Migration Occupations in Demand List, or MODL.

This was an invitation for students to enrol in these courses, and their numbers jumped from 48,000 to 212,000 between 2003 and 2009.

What the students did for the economy at the micro level

All this worked for the Australian economy and in a strange way, for the Australian-Indian community.

The Australian workforce saw an explosion in numbers of qualified Indian workers. Young Indians began to man the counters at the local 7/11, petrol station, supermarket, with increasing frequency. Desperate to maximise their 20 hours of work to fund their studies and lodging, these new employees were an excellent source of economical employment for their employers. They spoke reasonable English, were articulate, well presented, law abiding and importantly, understood the value of ethical labour. Of course, there would be the odd exception to the rule, but generally, both employers and employees were able to find a comfortable fit. The local Australians may have felt aggrieved on missing out on these jobs, but for the economy there was more activity. As well, the residence of these students created peripheral activities such as local housing requirements, travel growth etc. The fit, overall, was good.

The local Indian community also benefited. With the increasing supply of consumers, there was a boom in eateries; travel agencies were kept busy; cheap overseas telecommunication options grew by leaps and bounds. Now, one could dine out on a range of Indian regional foods: Punjabi, Gujarati, south Indian – at cheap prices. Travel agents began opening on weekends to meet the demands of the growing population of these Indian Australians. The avenues of entertainment also increased – Bollywood movies began to be released every weekend, with gate earnings enough to keep the business growing. The newspaper industry within the community flourished, and there was more from the community also on TV and radio. Community melas or fairs saw healthy turnouts, with 10,000 –20,000 people in attendance at these functions. In a country where elections are won or lost at times with a handful of votes, the numbers as above are a major achievement in the local environment.

It was a win-win situation for everyone. While the students were settling in to their lives down under, the financial pressures on them were considerable. A number of them were from the middle socio economic band in India. With the rules in Australia relatively relaxed with respect to permanent residency, the strategy was to bring enough monies into Australia to sustain themselves for the first few months and then find local employment as per the rules, to fund the rest of their education stay here. Upon completion of their studies, they would apply for permanent residency and join the queue for the normal processes to be completed in due course. More often than not, their dream to live in Australia was fulfilled and they settled into their new life comfortably.

The formula was simple - and in its simplicity, was the attraction for all.

Politically, the Liberal Party did what it has traditionally done: create more workers, so that the employers have a greater choice, and keep costs down while there is abundant supply of labour.

A few random events created chaos

In May last year, however, all this changed. A few random attacks on Indian students occurred –some quite horrific. Shravan Kumar, a Melbourne student, had a screwdriver pushed into his skull in a random attack. Saurabh Sharma, also from Melbourne, was assaulted in a late night train journey. CCTV footage from this bashing made headlines around India and from then on, the Indian media took it upon themselves to highlight the issue. As the year progressed, more and more cases came up in which students were attacked, and no redressal seemed forthcoming. The Indian politicians came under intense pressure to raise their concerns, in a bid simply to protect their own.

Their public cry was to get an Australian government guarantee that no Indian student would be assaulted in Australia.

The Australian government’s reaction to all this was a sense of bewilderment. Their response to the Indian media was weak. Over a period of time, the Indian politicians and Indian media became more strident, and the Australian government retreated into their shells.

Most students in Australia were happy as they were, and not directly affected by what was happening. However, they experienced a sense of empowerment as they found themselves in the spotlight. Already hurting from being exploited by rogue education agents and shoddy colleges who were charging exorbitant fees, the students vent their frustrations out in street protests. Some community leaders, while working to calm the students, also at times themselves inflamed the media with attention-seeking headlines. A number of them saw this as an opportunity to further their cause by accessing government grants and positioning themselves for future political careers in Australia. In all, the bulk of overseas Indian students’ demands were ignored.

The murder of Nitin Garg in January became one of the most horrific crimes within the Indian community in Australia.

Two more reports surfaced in quick succession, of Indians being torched, and by this time, the Indian politicians and media had judged Australia and Australians guilty. The cover story of the influential Indian magazine Outlook India said it all: a bruised and battered student’s face stared out, beside the chilling headline, “Why the Aussies Hate Us.”

By this time, enough was enough. The Australian government needed to take action.

The Indian media had gone berserk. They had failed to point out that over 99% of Indians in Australia were happy with their life here, and that no systematic attacks were being carried out against other communities in “racist” Australia. Later, the subsequent charging of Indian nationals themselves as being perpetrators of at least some crimes, were lost in the headlines. The fact that most crimes against Indians were late at night in isolated incidents which can happen in any part of the world, including India, and that these crimes were now probably becoming copycat crimes, was seriously downplayed. That many of the students were really here to gain permanent residency, was not understood at all, and probably still isn’t. And in the midst of this melee, the Australian government decided to take charge.

Divorcing education from immigration

In typical Howard-speak, the message from the Rudd government now appeared to be: We will decide who comes to this country and the circumstances in which they come!

The migration rules changed, the nexus between migration and residency was broken, and currently, the future for many is in limbo.

The Labor Party did what their policy directs them to do - lower labour supply so that employees can demand greater wages from their employers.

The students were caught in the crossfire of two political ideologies.

The MODL has been revoked and a new and more targeted Skilled Occupations List (SOL) will be released in April and implemented in July. This list developed by an independent body, Skills Australia, will focus on high value professions and trades. Students currently studying in Australia who have not lodged their skilled graduate visa before February 8, 2010 will now be assessed on opportunities available in the new list. Many may miss out. Those who are not in the SOL will have until 31 December 2012 to apply for a temporary skilled graduate visa on completion of their studies. This will enable them to spend upto 18 months in Australia to acquire work experience and seek sponsorship from an employer.

Minister Evans has pointed out that international students should not expect to automatically attain permanent resident status.

“If you can get a job and employers are prepared to sponsor you,” he said, “then clearly you’re of value and you’ll fit in and you’ll make successful migration.”

Currently, it is not only the students who are facing a period of uncertainty. Vocational colleges, a number of them who have been audited and cleared by the government, will also feel the pressures as current students review their options of staying on in Australia, while new students reassess their plans for coming here.

Could a sunset clause have helped?

In initiating the changes, perhaps the government could have included a clause to the effect that the changes will come into effect with all future students starting now so that the students in the system already would have remained unaffected.

Some migration agents believe that current students will find themselves in a tough situation. Some may decide to go back to India; for others, the attraction of living in Australia may outweigh their ethical responsibilities and they could end up choosing the illegal path such as opting for sham marriages or simply becoming illegal immigrants.

Whatever the future, the rules of the game have been changed by the referees, potentially shattering the dreams of many. For the moment, personal posturing by the media, community leaders, student leaders, diplomats and politicians, allowed the situation to spiral out of control. Very few winners in this one - and the losers will feel the effects for years to come.