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
- IMMI 16/016 https://www.legislation.gov.au/Details/F2016L00638 - specifies that persons who hold the following visas are unable to apply for a Student Class TU visa application in 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
- IMMI 16/018 https://www.legislation.gov.au/Details/F2016L00639 - Specification of Evidence of Financial Capacity for Subclass 500 (Student) Visas and Subclass 590 (Student Guardian) Visas:
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.
- IMMI 16/027 https://www.legislation.gov.au/Details/F2016L00650 specifies intended course of study evidence requirements for applicants of Student (Temporary) (Class TU) visas.
