Legislative Instruments for Student Visas 1 July 2016

Reference to the new simplified international student visa framework (Schedule 4):  https://www.legislation.gov.au/Details/F2016L00523

  • IMMI 16/015 https://www.legislation.gov.au/Details/F2016L00628 - specifies the classes of persons applying for Student (Temporary) Class TU visas who are not required to pay the first instalment of the visa application charge (persons affected by education provider default)

  • IMMI 16/017 https://www.legislation.gov.au/Details/F2016L00630 - specifies the approved forms, place and manner for making applications for Student visas:
    • Student subclass 500:
      • MUST BE FORM 157A (Internet)
      • or Form 157A, if authorised by the Department by submitting in accordance with the directions and time in the authorising email or, if the applicant is outside Australia, at a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth outside Australia
    • Student Guardian subclass 590:
      • MUST BE FORM 157G (Internet) with 157N 
      • or Form 157G with Form 157N, if authorised by the Department by submitting in accordance with the directions and time in the authorising email or, if the applicant is outside Australia, at a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth outside Australia

Visa

Streams within that subclass (if applicable)

Subclass 426 Domestic Worker (Temporary) — Diplomatic or Consular visa

The whole subclass

Subclass 403 Temporary Work (International Relations) visa

Domestic Worker (Diplomatic or consular) stream only

Subclass 995 Diplomatic visa

Subclass 995 visa granted to an applicant who satisfied the primary criteria.

Subclass 771 Transit visa

The whole subclass

Subclass 600 Visitor visa

Sponsored Family stream or Approved Destination Status stream

  • IMMI 16/019 https://www.legislation.gov.au/Details/F2016L00629 - Specification of English Language Tests and Evidence Exemptions for Subclass 500 (Student) Visas 2016:
    • Schedule 1 - English language test providers
    • Schedule 2 - test scores to be achieved in each relevant language test
    • Schedule 3 - countries where an applicant may take a Test of English as a Foreign Language (TOEFL) paper based test
    • 2 years as the maximum time period in which an English test must be taken immediately before the date an application is made, or immediately before a decision is made on an application
    • Applicants who are not required to undertake an English language test

Item 1 (a) - Student visa Subclass 500 - demonstrate sufficient funds to meet the following:

travel expenses, and 
living costs and expenses as specified in Item 4 for the first 12 months of applicant's stay
annual course fees for the first 12 month of the applicants stay.

 


Item 1(b) - Accompanying family members of Student visa applicant

travel expenses, and
living costs and expenses for the first 12 months of applicant's stay, and
all school fees as specified in Item 6 for each school aged dependent child.
OR

the primary applicant's parents, spouse or partner has a personal annual income specified in Item 7 or Item 8
OR

The applicant has provided a completed AASES form as defined in Reg 1.03

Item 2 (a) - specifies the financial capacity required for secondary applicants making a combined application with the primary Student applicant in Item 1

Item 2 (b) - specifies the financial capacity required where the Student family members' application is not combined with the primary applicant's application

 

Item 3 (a) - Student Guardian visa Subclass 590:

travel expenses
living costs and expenses in Item 4 of this Instrument for the first 12 months of applicant's stay
Item 3 (b) - Accompanying family members Student Guardian visa applicant:

travel expenses
living costs and expenses in Item 4 of this Instrument for the first 12 months of applicant's stay
OR

the primary applicant's spouse or partner has a personal annual income specified in Item 7 or Item 8 of this Instrument

Item 4 - Specifies the following annual living costs:

Student: $19,830
Student Guardian: $19,830
Spouse or de-facto partner: $6,940
Any dependent children: $2,970

Item 5 - Specifies the following sources of evidence of financial capacity:

money deposit with a financial institution
loan with a financial institution
government loans
scholarship or financial support

Item 6 (a) & (b) - Specifies for each school age child seeking to satisfy secondary criteria the following amounts:

annual minimum amount for schooling $8000 per annum, unless
enrolled in a State or Territory school where the fees have been waived due to the primary applicant's status as a doctoral degree student, Foreign Affairs student, Defence student or Commonwealth sponsored student

Item 7 (a) & (b) - Specified annual income to satisfy Items 1,2, and 3 of this Instrument:

$60,000 for an individual Subclass 500 applicant, or
$70,000 if, one or more members of the applicant family unit are seeking to satisfy the secondary criteria for the Student visa, or, Subclass 590 Student Guardian visa applicant.

Item 8: Specifies as evidence of personal income:

Official Government documentation has been issued in the 12 months immediately before the application was made.

 

  • IMMI 16/012 https://www.legislation.gov.au/Details/F2016L00625 A list of visas attracting a subsequent temporary application charge - This instrument specifies that a subsequent temporary application charge is payable by a specified applicant of a Subclass 500 (Student) visa or a Subclass 590 (Student Guardian) visa.

Other Changes

Migration Regulations 1994 - Specification of Places and Currencies for Paying of Fees 2016/036 (Places and Currencies Instrument) - IMMI 16/036
This instrument specifies the currency which must be used in the places specified in the instrument for the payment of fees and visa application charges.

https://www.legislation.gov.au/Details/F2016L00626

Migration Regulations 1994 - Specification of Payment of Visa Application Charges and Fees in Foreign Currencies 2016/035 (Conversion Instrument) - IMMI 16/035
This instrument specifies the foreign currencies and the relevant exchange rates for paying fees and/or application charges to the department.

https://www.legislation.gov.au/Details/F2016L00632

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