Skilled Overseas Student Visa

On 1 July 2001 the requirements relating to entry and stay of overseas students in Australia were substantially revised with the introduction of seven new student visa subclasses and the use of “assessment levels” which dictate the evidentiary requirements according to an applicant's nationality.

The assessment levels are used to determine the nature of the evidence that a particular visa applicant must provide in order to satisfy that he or she is a genuine student. The levels are specified according to the country of issue of the passport that the applicant holds, and the education sector for the student's principal course.

The levels range from 1 which is for nationals of countries considered “low risk” to 5 for nationals that are considered “extremely high risk”. It is a criterion within each of the student visa subclasses which is satisfied that the applicant is a genuine applicant for entry and stay as a student, provided the applicant gives evidence in accordance with the requirements

Each part relates to one of the student visa subclasses and each division relates to the evidentiary requirements for assessment levels 1–5 for that particular subclass. These divisions deal with the evidentiary requirements in respect of English language proficiency, financial capacity and other matters. The higher the assessment level and the deemed level of risk, the more onerous the evidentiary requirements become.

While applying for Australia student visa in most cases the acceptable standard of English language proficiency is determined either by results of IELTS testing or evidence that the education provider is satisfied of the visa applicant's English language ability. In the event of IELTS testing being required, the test must have been undertaken within two years of the visa application being lodged.

With respect to each subclass and each assessment level, the evidence that must be presented in order to satisfy that the applicant has the financial capacity to undertake the proposed course in Australia, taking into account living costs, school costs, travel costs and course fees. A student's living costs are considered to be $12,000 per year for an individual: This is increased by 35% ($4200) if the person has a spouse, by 20% ($2400) for the first child and by a further 15% ($1800) for any additional children: The living costs for a family of four (comprising two adults and two children) would therefore be $20,400 per year. Where the applicant has a school age dependent, “school costs” are calculated at $8000 per child: Living costs for spouses and dependent children and school costs are calculated regardless of whether these family members will be coming to Australia unless:

Travel costs are the total costs of travel for the applicant and his or her family unit to travel to Australia to commence study (if the application is made outside Australia) and to return to their country at the conclusion of the course:

Course fees are defined as the total cost of the course or courses that the applicant has enrolled in, as stated by the education provider:

Depending on the assessment level, an applicant may have to provide evidence of having funds for their entire stay in Australia (the “full period”), the first 24 months or the first 12 months: In most cases, an applicant must be able to demonstrate that the accumulation of funds is consistent with the "regular" income of the provider:

The citizens of India are assessment level 3 for this visa subclass.

Applying outlined above, and assuming that Applicant’s course is of 3 years duration, Applicant's costs are calculated as follows:

These funds must be provided by one or more of the following:

The other requirements vary according to the education sector in which the student is proposing to study and therefore the visa subclass that they are being assessed against. They can include such things as the need for the course to be related to the student's current or future employment or minimum educational standards.

Assessment levels and transitional arrangements

Almost all student visa applications lodged after 1 July 2001 is subject to the assessment levels. However in order to allow students already studying in Australia to complete their studies, that onshore student visa applicants who would otherwise be assessment level 3, 4 or 5 are to be considered against assessment level 2 requirements if:

In addition to satisfying the evidentiary requirements, the delegate must have regard to other matters which are relevant to the determination of whether an applicant is “genuine” in their intentions to study in Australia. Under policy, the following matters are taken into account:

Under the new policy currently in effect, student visa applicants who are outside Australia and who are from countries of assessment level 3, 4 or 5 undergo a “pre visa assessment”. This allows students to have their genuineness considered on the basis of being offered a place in a course but prior to effecting formal enrolment in the course and paying tuition fees. In all cases, it is necessary for immigration department to have confirmation that the student has enrolled in the course and paid the fees prior to the visa being granted. Education providers are required to send an electronic confirmation of enrolment (eCoE) to the office or post processing the student visa application.