Student Visas

Australia is well recognised internationally in providing high quality education at all levels. It is a popular destination for study, particularly amongst overseas students from Asia probably because of its proximity to Asia. Being close to home is important for the many that choose to travel here for study. In addition, Australia’s currency is relatively inexpensive, when compared to the United States of America or the United Kingdom (both traditional destinations for study). This makes an education in Australia especially affordable.

Working through the myriad of Student Visa options can be difficult. Oakfair Lawyers is experienced in this area and has substantial experience in representing many Student Visa applicants. We will be able to guide you in relation to the right visa category for your situation.

Student Visa Categories

In all, there are 7 types of student visa you can choose from depending on your circumstances. The categories are listed below:

Schools Student Visa (Subclass 571) This visa applies if the student intends to study in a primary or secondary school, or is on a student exchange program.

Vocation Education and Training Student Visa (Subclass 572) This visa applies where the student is seeks to obtain a Diploma, Advanced Diploma or Certificate at a publicly funded Technical and Further Education College (TAFE) or through a private college.

Higher Education Student Visa (Subclass 573) This applies to those seeking a tertiary qualification from a university, such as a Bachelor degree, Graduate Diploma or Graduate Certificate.

Masters and Doctorate Student Visa (Subclass 574) For those seeking a postgraduate qualification, such as a Masters or Doctorate degree, this visa applies.

Non-Award Foundation Student Visa (Subclass 575) This visa relates to study of a foundation course, ie. one that has no formal educational prerequisites, and one which will not lead to the award of a formal degree or diploma.

AusAID or Defence Sponsored Student Visa (Subclass 576) This visa applies to students who have the support of AusAID or Australian Defence. It is a highly specialised visa category.

Independent English Language Intensive Courses for Overseas Students (ELICOS) Student Visa (Subclass 570) This visa applies to those students intending to study only English. Students who are studying English as a prerequisite to other courses need to apply under the other visa subclass to which those courses relate.

Eligibility

To qualify for a Student Visa, you must be enrolled to study full-time with an education provider registered with the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS). If you plan to study in Victoria, Oakfair Stamford will also be able to assist you with handy information about living in the State. Of course, our abilities are not limited to Melbourne, and we can assist on all Student Visa applications nationwide.

It is important that you demonstrate to Immigration that you have sufficient financial support to pay for your ongoing tuition fees, provide for your needs in Australia, and care for any dependent family members who travel with you. Other factors that Immigration would consider also include your English proficiency and the likelihood that you might breach your Student Visa conditions once you arrive in Australia. For example, it is be a Student Visa requirement that you must satisfy class attendance and meet your course requirements.

Other general visa conditions, such as providing evidence that you are in good health and do not have a criminal record, will also need to be met. As an overseas student, you will also need to insure yourself through the Overseas Student Health Cover, as you would not be permitted to access Medicare, which is reserved only for Australia citizens and permanent residents.

Please complete our visa assessment form to have your options professionally assessed.

Visa Cancellation

Failure to Meet Course Requirements

It is important that you are aware of the circumstances where your Student Visa may be automatically cancelled. For example, an education provider must notify Immigration if a student withdraws their enrolment, does not meet course requirements (eg. 80% attendance for courses), or fails to meet satisfactory academic performance.

Permission to Work

When a Student Visa is first granted, there is usually no entitlement to work in Australia. However, once you have has commenced your course in Australia, you may apply for permission to work. Once granted, you may only work up to 20 hours a week during term time and unlimited work hours during vacation. Immigration does not advise that you fund your study and living costs in Australia through working. Rather, the Australian government’s intention is that working should only allow you to supplement existing funds. As such the government takes an extremely serious view where students are caught working more than 20 hours a week, which is mandatory cancellation of the Student Visa and departure from Australia.

Not Genuine Student

You should also be aware that there are new discretionary powers for the Minister to cancel a Student Visa where the Minister is satisfied that the holder is no longer a genuine or continuing student, or where the holder has engaged or is likely to engage in conduct which is not contemplated by the Student Visa.

Review

If you receive a Notice of Intention to Cancel your Student Visa, you should contact Oakfair Lawyers to seek legal advice without delay. It is important that you adhere to the time limits specified in your letter. For example, if you fail to meet Immigration within 28 days of the Notice being sent to you, to explain your situation, your Student Visa is automatically cancelled and you must leave the country. This is the case even if you did not physically receive the Notice. In limited circumstances, Immigration may consider revoking an automatic Student Visa cancellation.

Once you have a cancelled visa on your immigration record, you may find it difficult to obtain a subsequent visa to visit Australia. If ever you should find yourself in such a stressful situation, seek advice from Oakfair Lawyers, we can assist you by representing you in any communication or meeting with Immigration.

Oakfair Lawyers will also be able to advise on your review rights on the legality of any decision that is made by the government. Certain types of visa cancellation are reviewable by the Migration Review Tribunal and the Administrative Appeals Tribunal. In some circumstances, such as if you work more than your allocated allowance, or your Student Visa is cancelled whilst you are not in Australia, the decision to cancel is not reviewable at all. Time limits to lodge any appeal are very strict. An appeal lodged, even a day late, will not be considered by the Tribunals.

If you are facing a visa cancellation or review, please contact Oakfair Lawyers Now!