Student Visa

FAQs 

Q1. Which visa subclass might a parent apply for if they intend to accompany and care for a minor student?

The parent should apply for a Student Guardian (Subclass 590) visa.

Q2. What factor relating to their home country must be considered when assessing an applicant for the Genuine Student requirement?

Case officers must consider the applicant's circumstances in their home country.

Q3. Does the Genuine Student requirement apply to secondary applicants included in a student visa application?

Yes, the genuine student requirement must be satisfied by the primary applicant (cl 500.212) and all secondary applicants (cl 500.312).

Q4. What is the required annual living cost amount that evidence of financial capacity must cover for a primary student staying 12 months or more?

Evidence must demonstrate sufficient funds to cover annual living costs of $29,710.

Q5. If a student is under 18, what arrangement must the application include evidence of?

The application must be accompanied by evidence of intended arrangements for the applicant's accommodation, support and general welfare.

Q6. Is evidence of English language proficiency always required for a Subclass 500 applicant enrolled in a registered school course?

No, English language requirements do not apply if the applicant is enrolled in a registered school course.

Q7. What specific visa condition related to future applications may be mandatory for a Student Guardian (Subclass 590) visa holder?

Condition 8534 (a ‘no further application’ condition) may be imposed.

Q8. If an applicant holds a visa with condition 8534, under what circumstances can this condition be waived to allow application for a skilled visa?

It may be waived if the applicant has completed the course and has a genuine intention to apply for a General Skilled Migration visa or certain work visas.

Q9. If an applicant is onshore, what specific previous visa types, other than a substantive visa, allow for a valid Student visa application to be made after the substantive visa ceases?

The applicant's last substantive visa must have been a student visa, a special purpose visa, or a Diplomatic (Temporary) (Class TF) visa (as a dependent).

Q10. If a primary student visa applicant is studying a Masters degree by research, what work right restriction applies to their spouse or de facto partner?

The spouse or de facto partner has no restriction on the number of hours they can work once the primary student has commenced their course of study.

Q11. If a visa application relies on qualifications obtained in Australia while holding a student visa, what kind of course must the study have been?

The qualification must have been obtained as a result of studying a registered course.

Q12. What is one circumstance under which a student visa may be grounds for cancellation under the Migration Act 1958?

The visa can be cancelled if the holder has engaged, is engaging, or is likely to engage, in conduct not contemplated by the visa.

Q13. What Ministerial instrument provides direction to case officers regarding the assessment of the Genuine Student requirement?

Ministerial Direction No 106 provides guidance for assessing the genuine entry and stay requirements.