Overview of the Student Visa Program
The Student visa (subclass 500) allows international students to live and study in Australia.
The subclass 500 visa provides flexibility, but also carries strict eligibility requirements under Schedule 1 (valid application criteria) and Schedule 2 (visa grant criteria).
Key Eligibility Requirements
Schedule 1 – Application Validity
- Form & Lodgement – Applications must generally be made online via ImmiAccount.
- Visa Application Charges (VAC):
- Primary applicant: AUD 710
- Adult secondary: AUD 530
- Child: AUD 175
- Supporting documents – Applicants must provide either:
- A Confirmation of Enrolment (CoE), or
- A letter of offer (for onshore applicants only).
- Dependents – Can be included but must be declared accurately. Failure to declare family members may lead to refusal.
Schedule 2 – Substantive Criteria
Applicants must demonstrate:
- Genuine Student Status & GTE Compliance – Must show intent to study and return home after studies, unless future migration options are lawfully pursued.
- English Language Proficiency – Depending on nationality and study type. Some exemptions apply (e.g. postgraduate research, Australian Year 12 completion).
- Financial Capacity – Sufficient funds for tuition, travel, and living expenses. As of 1 October 2023, minimum annual living costs are:
- Student/Guardian: AUD 24,505
- Partner: AUD 8,574
- Each child: AUD 3,670
- Schooling costs for dependents: AUD 9,661 per year
- Overseas Student Health Cover (OSHC) – Required for the entire visa duration.
- Age Requirements for School Students – Must be under specified age limits for Years 9–12.
The Genuine Temporary Entrant (GTE) Requirement
The GTE is a central feature of the student visa program. Decision-makers consider:
- Applicant’s circumstances in their home country.
- Potential circumstances in Australia.
- Value of the proposed course to the applicant’s future.
- Immigration history.
- For minors, parents’ or guardians’ intentions.
A strong GTE statement should clearly explain:
- Why Australia (rather than home country or another destination).
- Why the chosen course and education provider.
- Relevance of the course to past study, employment, and career goals.
- Evidence of ties to the home country and intention to return.
Visa Conditions
Key conditions for subclass 500 holders include:
- Work Limitation (8105): Up to 48 hours per fortnight during study sessions. Unlimited work during official course breaks.
- Academic Progress (8202): Maintain enrolment and satisfactory course progression.
- Health Insurance (8501): Must maintain OSHC.
- Accommodation & Welfare (8532): If under 18, must stay with a parent, guardian, or approved homestay.
- No Further Stay (8534): Some visas carry this condition, restricting further visa applications in Australia.
Dependents also face restrictions, such as limited work rights (condition 8104) unless attached to a Masters or PhD student.
Student Guardian Visa (Subclass 590)
For parents, guardians, or relatives supporting a student under 18 years (or older in exceptional cases), the Student Guardian visa (subclass 590) may be available. Conditions include:
- No work rights.
- Must maintain OSHC.
- Must reside with the student in Australia.
Final Thoughts
The Student visa (subclass 500) is an excellent pathway for international students to study in Australia. However, applicants must be mindful of strict compliance obligations, particularly around the GTE, financial capacity, and visa conditions.
At Australian Migration Law, our team – led by Accredited Specialist Immigration Lawyer Lena Hung – provides expert guidance on preparing strong student visa applications, responding to DHA requests, and handling refusals or appeals.
If you are considering applying for a Student visa (subclass 500) or a Student Guardian visa (subclass 590), we strongly recommend seeking professional advice tailored to your individual circumstances.
Disclaimer
The content of this article is for information purposes only. Whilst every effort has been made to ensure the accuracy of the materials contained here and incorporated by reference, this article is not intended to constitute legal or immigration advice or assistance.
No person should act on the basis of the material contained in this presentation without obtaining advice relevant to their own circumstances and without considering and taking professional advice as may be necessary.
For tailored advice and comprehensive assistance with your migration matter, contact our experienced Australian immigration lawyers today. You can reach us by email at admin@australianmigrationlaw.com.au or phone +61 407 662 682 to obtain further guidance.