Student and Graduate Visas

Student Visa

Introduction

The Student Visa (subclass 500) is a temporary visa for the purposes of undertaking study in Australia.

A primary applicant may also include dependents on the application.

An applicant’s dependents will also need to meet various criteria. Such criteria will include evidence of a genuine relationship, financial and character requirements.

It is important that the student visa application is submitted at least six (6) weeks before the course start date. This is to account for the student visa application processing times and so that the student is ensured present in Australia when their course begins.

Visa Requirements

The legislative requirements for a student visa can be found under Schedule 2 of the Migration Regulations 1994.

Some the requirements primary applicant must meet are summarised as follows:

Provide evidence of identity ie Passport.

Provide evidence of Health Insurance.

Provide evidence of identity ie Passport.

Demonstrate required English which can be exempt in certain circumstances.

Demonstrate financial capacity. You can view a previous summary we wrote on financial requirements here: https://rsglaw.com.au/student-visa-financial-requirement-12-months-of-funds-option/

Must meet the Genuine Temporary Entrant requirement.

Genuine Temporary Entrant

One of the most common reason why a Department of Home Affairs decision maker may refuse an Australian student visa is due to as the applicant being assessed as not meeting the Genuine Temporary Entrant (GTE) requirement.

The case officer will consider the circumstances listed under Ministerial Discretion 69.

It is imperative that those applying for an Australian student visa prepare their applications carefully and have regard to the Ministerial Discretion 69.

Any refusal will also further impact future to applications to Australia as the Department will review the immigration history of the applicant.

The Ministerial Direction 69 can be viewed here:
https://immi.homeaffairs.gov.au/visa-subsite/files/direction-no-69.pdf

Unlike the other requirements of the student visa, the GTE criterion is the most difficult to overcome because of its discretionary nature.

Visa Duration

If granted, the visa can grant the student up to five (5) years stay in Australia depending on the duration of the enrollment.

Costs

The Department of Home Affairs processing fee for student visa application is $575.00.

If there are any dependants, the base processing fee will increase depending on how many people are included and whether they are older or younger than eighteen (18) years of age.

Please note that there may be surcharges upon payment depending on which card payment has been selected.

Processing Times

Processing times can vary and are dependent upon which education sector the student has enrolled in.

Further to the above, processing times can take longer if:

  • You do not fill in the application correctly
  • You do not include all the documents and/or information for the application
  • Your information takes longer than normal to be verified

Required Documents and Information

There are many documents and information that will be required from you during this application.

Your migration agent/lawyer should be able to provide you with a document checklist outlining any and all documents and information for you to provide.

Temporary Graduate (subclass 485) visa

Introduction

The temporary graduate visa is a temporary resident pathway for students who have completed their studies on an Australian student visa. Temporary Graduate visas allow the applicant the opportunity to include family dependants on their application. The temporary graduate visa will allow the applicant to extend their stay in Australia to carry out any further studies or work. There are two temporary graduate visa streams:

  • Graduate Work Stream
  • Post-Study Work Stream

Visa Duration

If granted, the graduate work stream visa can grant the applicant up to 18 months stay in Australia.

The post-study work stream visa can grant the applicant an additional 2-4 years stay in Australia depending on the level of education completed in Australia.

Visa Requirements

It is important that you check with your migration agent/lawyer in order to see whether you meet the criteria of the student visa. The legislative requirements for a student visa can be found under Schedule 2 of the Migration Regulations 1994. Further to the legislative requirements, there are various documents and information required from the applicant in order for the application to be valid.

As there are two different streams for the temporary graduate visas, there are also two different sets of visa requirements.

In summary, the graduate work stream is for students who have graduated with a higher education qualification and skills relevant to Australian occupation needs. On the other hand, the post-study work stream is for those who have attained a bachelor’s degree or higher qualification.

Costs

The temporary graduate visa application fee starts from $1535.00. This fee is fixed for both streams.

If you have any dependants, the base processing fee will increase depending on how many people are included and whether they are older or younger than eighteen (18) years of age.

Please note that you may incur surcharges upon payment depending on which card payment you select.

Processing Times

The processing times for the temporary graduate visa vary depending on which stream application has been completed.

The temporary graduate work stream has a processing time of 4-5 months. In contrast, the post-study work stream has a processing time of 3-4 months.

Further to the above, processing times can take longer if:

  • You do not fill in the application correctly
  • You do not include all the documents and/or information for the application
  • Your information takes longer than normal to be verified

Required Documents and Information

As there are different visa requirements for each stream, there are different documents and information required for the respective stream.

There are many documents and information that will be required from you during this application. Your migration agent/lawyer should be able to provide you with a document checklist outlining any and all documents and information for you to provide.

Skilled – Recognised Graduate (subclass 476) visa

Introduction

The skill-recognised graduate visa is strictly only for recent engineering graduates.

Like the temporary graduate (subclass 485) visa, this visa is a temporary pathway for students who have recently completed their studies in Australia. This visa will allow engineering graduates to stay in Australia post-study and carry out work or further study.

Visa Requirements

It is important that you check with your migration agent/lawyer in order to see whether you meet the criteria of the student visa. The legislative requirements for a student visa can be found under Schedule 2 of the Migration Regulations 1994. Further to the legislative requirements, there are various documents and information required from the applicant in order for the application to be valid.

The skilled-recognised graduate visa has strict requirements that the applicant must be a recent engineering graduate. Furthermore, the applicant must have conducted his/her study at a specified educational institution. Therefore, it is important that the applicant ensures that their completed qualifications have been completed in an engineering area and at an educational institute specified by the Department of Home Affairs.

Costs

The skilled-recognised graduate visa application fee starts from $375.00.

Please note that you may incur surcharges upon payment depending on which card payment you select.

Processing Times

Generally, the processing times for skilled-recognised graduate visa applications can take anywhere between 7-9 months from the date of application.

Further to the above, processing times can take longer if:

  • You do not fill in the application correctly
  • You do not include all the documents and/or information for the application
  • Your information takes longer than normal to be verified

Required Documents and Information

There are many documents and information that will be required from you during this application. Your migration agent/lawyer should be able to provide you with a document checklist outlining any and all documents and information for you to provide.