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STUDENT VISAS

Australian Student Visa Lawyer

A Student visa is for non-Australian citizens or residents that wish to study in Australia for a course of education that is longer than three months. It is also suitable for non-Australian citizens or residents who wish to act as a guardian to a student studying in Australia.

Student visas are temporary visas which may lead to a skilled migrant visa, employer sponsored visa and permanent residency. Studying in Australia is a stepping stone to residency, and our migration lawyers can help you achieve this. A Student visa for Australia can give you skills that are recognised by Australian employers, government departments, and international bodies.

You can only make an application for an Australian Student visa after you have received a Confirmation of Enrolment (CoE). In order to receive a CoE, you must have received a formal offer from your education provider, which you have accepted in writing. Usually, you will need to have paid a deposit towards your tuition fees.

You must also:

It is important that you hold the correct student visa for your intended course. Our registered migration agents can help determine the right student visa subclass for you and prepare your student visa application. Choosing an Australian migration agent instead of an overseas agent can give you localised, specific information about your Student visa and your chosen course of study from the same context that your Department of Immigration case officer, your education provider and your potential future employers will be examining you from.

The different categories of Student visas for Australia are known as ‘subclasses’. Each Student visa subclass has its own set of criteria that must be satisfied in order for the visa to be granted.

The different types of visas you can apply for as a student are:

  • Subclass 570 – Independent ELICOS Visa
  • Subclass 571 – School Visa
  • Subclass 572 – Vocational Education and Training Visa
  • Subclass 573 – Higher Education Visa
  • Subclass 574 – Postgraduate Research Visa
  • Subclass 575 – Non-Award Visa
  • Subclass 576 – AusAID or Defence Visa
  • Subclass 580 – Student Guardian Visa
Student visas are temporary visas wich may lead to a graduate visa and permanant residency through the skilled visa process. Studying in Australia is a stepping stone to residency, and we can help you achieve this.

To be granted a Student visa, the Department of Immigration and Border Protection (“DIBP”) must be satisfied that the applicant is a genuine student and a genuine temporary entrant.

The DIBP will look at how the proposed course would benefit you in the future by looking at your educational background and current employment situation. If it appears that an applicant’s primary purpose for applying for a Student Visa is to obtain a permanent or further temporary visa, and not to obtain a quality education, it is possible for the DIBP to refuse the visa application.

THE DIBP carefully scrutinise all material lodged. This is why:

  • You need an experienced lawyer or registered migration agent to review your individual requirements and desires
  • Our migration lawyers are extremely careful in drafting your visa application
  • We take extra time to ensure that the application is prepared professionally and completely.
  • We run through all the different types of documents that you can use to support your application to ensure it is processed quickly and with minimal fuss.
Once your Student visa has been granted, it will last for the entire duration of your studies (including holiday periods). Your Student visa will also allow you some time to remain in Australia at the end of your course. This additional time can range from between one to three months, depending on the length of your course and the month in which it ends.

On a Student visa, you will be able to work up to 40 hours per fortnight during the official hours of that term of study. You will also be permitted to work full time during the holidays. Your Student visa will automatically issue with ‘permission to work’ attached. However, as our migration lawyers will caution you, you are not allowed to begin working until your course has commenced, even if your visa is issued much earlier than your course commencement date. Your Student visa for Australia will often be issued earlier than your course commencement date, to allow you time to arrive in Australia, get settled in your temporary new home, and adjust to the Australian climate and lifestyle. It is also important to note that work required as part of your course of study is not included in the 40 hour per fortnight limitation.

If you are doing voluntary, unpaid work, this is also not included in the limitation of 40 hours per fortnight, but only if this voluntary work is of benefit to the community or for a non-profit organisation and would not otherwise be undertaken in return for wages by an Australian resident. This kind of work must be genuinely voluntary.

When you apply for your Student visa for Australia, you can also include your partner, children, or other dependents on your application if you would like these people to accompany you to Australia on your Student visa.

A parent or a guardian can also apply for a Student Guardian visa if he or she would like to be in Australia to provide care and support for a Student visa holder. There can be only one Student Guardian visa holder at any given time in respect of a particular student visa holder There are certain limited circumstances which may exempt you from this requirement – our migration lawyer or registered migration agent can assist you if you think that the student needs more than one guardian.

If you are on a Student Guardian visa, you can stay in Australia for the same length of time as the student visa holder in respect of whom you hold this visa or until the nominating student turns 18 years of age. As a Student Guardian, you can now study in Australia for up to 20 hours per week in an English Language Intensive Course for Overseas Students (ELICOS) or a course other than ELICOS in Australia for up to three months.

Contact The Migration Place

For more information about applying for a student visa, consult one of our Australian student visa lawyers today!

See also: Immigration FAQs

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