Why is it so difficult for some people from certain overseas countries to get Student Visas for Australia?
Australia is the 3rd most popular destination for overseas students and a large number of students are applying for student visas to study in Australia each year. Some of them are denied student visas and they become disappointed blaming the Department, however each case is judged and decided by the Department on its merits. Each student visa application is decided upon the RISK FACTORS of Education Provider and of the student’s country, and accordingly the applicant must meet with the criteria to receive a student visa. The higher the Risk Factor of Education Provider and of the country, the harder it is to meet the requirements for a student visa. The requirements for a student applying with Higher Risk Factors are more stringent than the requirements for a student applying with Lower Risk Factors.
It does not mean that student applying with Lower Risk Factors will get priority or will get their student visas easily because each case it still judged on its merits. Why this is so? It is obvious; you will notice students with high risks factors have still been looking to go on living in Australia although they had come to study in Australia sometime in 2007/2008. It is now 8 years and more and these students still have not found their way out to settle in a particular way. You must not blame Department for your failure; You must blame yourself so that you will be able to find appropriate way out for better life; the best option to seek advice from experienced registered migration agent as soon as possible when you arrive in Australia on your student visa.
We have been providing Student Visas services such as selection of course and institute, enrolment, assistance in preparation of documents, submission of applications to the Department and follow up till final outcome for overseas students to study in schools or trade colleges or Universities for the last 16 years. We do not work on commission basis from the Educational Institute, and we carry out work on fee basis, with the fee varying case to case depending on the case’s complexity and the amount of work involved. We have vast experience in student visa applications for ELICOS (English learning), Trade Courses (Carpentry, welding, sheet metal, cookery, baking, hairdressing, hospitality and other trade courses), University Courses (undergraduate degree, post graduate degrees and PhD programs). As such no course can give you a guarantee in applying for a further Permanent Visa for Australia, however if you become our client we can keep you informed about the changes in Immigration Laws and advise you of your best path to Permanent Residence.
Why study in Australia?
Australia is one of the world’s most popular international student destinations. There is a choice of 22,000 courses from 1,100 institutions to choose from and over AUD$200 million annual government investment on international scholarships .Australia has 40 Universities and many more schools and trade colleges. Study can be undertaken in schooling, trade, University (undergrad, post grad and PhD) and short term courses.
Australia offers a world class education in Primary, Secondary and higher Secondary schools, English Study, Trade Courses (Carpentry, welding, sheet metal, cookery, baking, hairdressing, hospitality and other trade courses), University Courses (undergraduate degree, post graduate degrees and PhD programs in Arts, Science, Commerce, Law, Accounting, Economics, Engineering, IT, Medicine, Education and various other fields, and research facilities for research areas offered by the universities).
The Australian lifestyle values freedom, equality and peacefulness. Australia is a multicultural society that is accepting of all types of diversity including of culture and religion. Many typical Australian activities are centred around the outdoors, like going to the beach or playing sport. Australia has a population of 24 million and people from over 200 countries have made Australia their home. While English is the official language of Australia, over 200 different languages are spoken in Australia.
Australia is a safe and democratic country where individuals enjoy many personal freedoms and protections. Those in Australia enjoy a high standard of living, access to great education and health care, efficient transport systems and a stable economic and political environment.
If your student visa is for a course of at least 12 months you can also apply to bring your spouse and children with you to Australia. Overseas students are allowed to work 40 hour per fortnight during their semester and fulltime during their vacations.
Overseas students who complete at least 2 years of degree, post graduate or research courses in Australia and who received their first student visa on or after 05/11/2011 are eligible to apply for the Graduate Skilled Visa subclass 485 and if granted can live and work fulltime in Australia for the period of 2 years. If they are eligible to apply for a permanent visa they can apply onshore in Australia, subclass 189 skilled independent or 190 State/ Territory sponsored. Some overseas students may be eligible to apply for temporary regional skilled visa subclass 489 or temporary work visa Subclass 457, for up to 4 years, or permanent regional visa subclass 187. Some visas will require employer sponsorship and nomination for their visa applications.
Important changes to the student visa programme from 1 July 2016
From 1 July 2016, there will be only one student visa available to study in Australia – the Student visa (subclass 500). After 1 July 2016, if you want to study in Australia, you will need to apply for the Student visa (subclass 500) regardless of your field of study. All students will be required to apply for their student visa online.
Genuine Temporary Entrant (GTE) requirement
The GTE requirement applies to all student visa applicants and considers whether the individual circumstances of the student indicate that their intention is for a temporary stay in Australia. A genuineness assessment is made by taking into account a number of personal factors relating to the student, such as their immigration history, circumstances that might encourage the student to return to their home country and conditions that might encourage them to remain in Australia
Enrolment in a registered course of study
International students must generally be enrolled in a registered course of study and provide a Confirmation of Enrolment (CoE) when they lodge their student visa application.
Exceptions to this requirement apply to Foreign Affairs and Defence sponsored students (Letter of Support from Foreign Affairs and Defence); secondary exchange students (an Acceptance Advice of Secondary Exchange Students form); and postgraduate research students required to remain in Australia for marking of their thesis.
Financial capacity and English language proficiency
All international students are required to have sufficient funds to cover their course fees and living costs in Australia. While student visa holders are able to work a specified number of hours in Australia, they should not rely on working to cover their course fees and living costs.
As part of the visa application process, we might require students to provide evidence of their financial capacity and English language proficiency. This will be guided by the immigration risk outcomes associated with the student’s country of citizenship and intended education provider.
Where our online client service tool indicates that documentary evidence of financial and English language capacity is required, it is important for applicants to attach these documents to their visa application prior to lodgement. Failure to do so might result in visa refusal.
Health and character
International students are required to be of good character and will generally need to undertake a health examination as part of their student visa application. Students must also obtain Overseas Student Health Cover (OSHC) before a student visa can be granted.
How BMS Global Can Help You Apply for a Student Visa
• We can assist you in choosing which course and institute is best for you. With over 16 years’ experience in migration we can advise which course is best suited to advance your career prospects and what are the requirements of each institute.
• Located in Western Australia (WA) we have exceptional insight into the WA educational framework of institutes and courses and can recommend the most appropriate WA institute and course for applicants.
• We provide experienced advice from a registered migration agent, legal research and handle all communication with the Department of Immigration and Border Protection for you, and keep you informed of any changes to Immigration Law.
• We will advise you which documents to collect for your visa application, we will correctly prepare them for submission and provide a submission letter from our migration agent including legal arguments in favour of your application.
Student Visa Cases
Change of course/ Institute while on student visa
All persons on student visas should seek expert advice before changing courses or institutes as they risk their visa being cancelled if a mistake is made.
Expert advice and care should always be used when changing courses or institutes while on a student visa. This case shows an applicant who had his subclass 573 visa cancelled for noncompliance after his higher education enrolment was cancelled and he re-enrolled in a VET course that did not meet the higher degree course requirements necessary for him to continue meeting his 573 visa criteria. This error could likely have been avoided had he received advice from a Migration Agent about his visa course requirements. His appeal against visa cancellation was unsuccessful.
Bringing accompanying partner/ family to Australia
Applicants wishing to bring family along with them on while on a student visa should seek expert advice to make sure they have applied correctly and no mistake has been made.
Applicants must take care to include all members of the family unit in their primary application in case they latter wish to add a secondary applicant onto their student visa. Visa applications for secondary applicants can be denied when the primary visa applicant did not list them as a member of the family unit. This case was an unsuccessful appeal to allow a student visa holder’s husband to accompany her to Australia after she had in error not included him in her student visa application as a member of her family unit.
Applying for student visa onshore (while in Australia)
Expert advice should be sought for applicants applying for their student visa while they are already in Australia, as they may have to prove exceptional circumstances for their visa to be granted.
This case was an appeal against a visa refusal for not providing exceptional reasons when applying for a student visa onshore. The appeal was successful with the applicant arguing that his study will provide a benefit to Australia by enhancing his ability to serve Filipino families in Australia by providing help through prayer and counselling. Providing a benefit to Australia can be an exceptional reason to apply for a student visa onshore.
Satisfying requirements when given a high Assessment Level (AL2/3)
Applicants given an Assessment Level higher than 1 should seek expert advice on how to properly provide and prepare evidence as they are subject to stricter rules and have a higher rate of visa refusal.
Khanna and Ors v Minister for Immigration and Anor (2015)
Satisfying the genuine temporary entrant requirement can be very complex. This case was a successful appeal to establish that an applicant who, if given the opportunity, wishes to settle in Australia in the long term, can still satisfy the genuine temporary entrant requirement.
Providing evidence of financial requirements
Applicants will be required in various ways to provide evidence that they have access to the necessary financial funds required for their visa. Depending on an applicant’s assessment level and Institute they may be asked for different documentary evidence. Evidence required can range from ‘declaration of financial capacity’ (AL1) to full finances for the first 2 years study, savings history and a review of source of funds (higher AL). To ensure no error is made an expert should be consulted to assist in the collection and submission of financial documents.
Visas can be refused for lack of evidence showing financial support for visa applicants. This case was an unsuccessful appeal of visa refusal due to the source of funds not being held in an approved financial institution. To demonstrate the required financial support exists in an Indian financial institution the monetary deposits will only be considered as evidence of financial support if they are in financial institutions as specified by the Australian High Commission in India.