Studying In Australia – All About Student Visas

Australia has long been a popular destination for international students seeking high-quality education and an exciting overseas experience. Studying in Australia can be a life-changing experience, and one of the key steps to achieving this goal is obtaining the right student visa. This article explores the eligibility requirements for student visas, the different types, the role of accompanying guardians, and restrictions on the right to work. The information is general in nature only, and we recommend obtaining professional advice relevant to your circumstances before taking any course of action.

Eligibility Requirements

Most importantly, to obtain a student visa in Australia, you must genuinely intend to only stay in Australia temporarily for the sole purpose of studying. This requirement is assessed based on your personal circumstances, immigration history, and the course you intend to study.

A primary piece of evidence of your genuine intention to study will be that you hold a confirmed offer of enrolment in a registered course at an Australian educational institution. You must also have the necessary proficiency to be able to study the course in the English language. You will usually demonstrate the capacity to study in English by taking tests like IELTS, TOEFL, or PTE Academic.

In addition, you must have the capacity to support yourself during your studies with only a minimal reliance on employment while in Australia. To do this you will need to demonstrate that you have sufficient funds to cover your tuition fees, living expenses, and travel costs for the duration of your course.

To demonstrate that you are currently (and will remain) healthy enough to study in Australia, you must also undergo health examinations and maintain Overseas Student Health Cover (OSHC) for the entire duration of your stay in Australia. OSHC provides health insurance that covers medical expenses.

To show that you do not pose a danger to the Australian community, you must also provide police clearance certificates from your home country and any country you have lived in for 12 months or more in the past ten years.

During your course of study, you are required to notify the Department of Home Affairs if any of your circumstances change, such as your address, contact details, or educational institution.

Accompanying a Student as a Guardian

If you want to accompany your child while they study in Australia, you can apply for a Student Guardian Visa (Subclass 590). To be eligible for this visa, you must be over 21 years, and be the parent or legal guardian of a student who is under 18 years of age. You also need to prove that you genuinely intend to stay in Australia only to provide support and care for your child.

As a guardian, you are responsible for the welfare and accommodation of the student. You can also study yourself for up to three months, but your primary role is to support your child’s educational and living needs. Therefore, you must be able to demonstrate that you have enough funds to cover your stay in Australia, as well as your child’s education and living costs.

The application process for the Student Guardian Visa is similar to that of the Student Visa. You will need to complete an application form, provide the required documents, and undergo health and character assessments.

Work Restrictions

Most international students are allowed to undertake some work while they are studying in Australia. This can be an important part of a student’s Australian experience, supplementing their financial resources and helping to further develop skills and English language proficiency. Most educational institutions offer a range of services to help international students find suitable employment opportunities, including job fairs, career counselling, and internships.

However, there are restrictions on the amount of work that international students can undertake while on student visas. It is essential to abide by work restrictions to avoid visa violations, which could lead to cancellation or refusal of future visa applications.

If you hold a Student Visa (subclass 500), you are generally allowed to work up to 48 hours per fortnight (every two weeks) during the academic year. You can also work unlimited hours during scheduled course breaks. However, you must not start working until your course has officially commenced.

If you hold a Temporary Graduate Visa (subclass 485), you are allowed to work without restriction in Australia for a specific period, depending on the highest education qualification you have completed. The Graduate Work stream permits you to work for a maximum of 18 months.

It is important to note that student guardians (subclass 590) are not permitted to work at all whilst in Australia, as their primary responsibility is to provide care and support for the student under their guardianship.

Conclusion

An overseas student can obtain a visa to travel to Australia to study a course at an Australian high school, university, technical college, or other professional training course. Key to achieving this goal is choosing the right student visa and preparing a valid application. While Australia’s immigration laws can be complex, an experienced immigration lawyer can help demystify the process and help you through each step of your student visa application.

If you or someone you know wants more information or needs help or advice, please contact us on (02) 9299 5815 or email [email protected].