Fact Sheet 50 – Overseas Students in Australia

The Student visa program enables overseas students to come to Australia to undertake full-time study in registered courses.

The program streamlines the processing of applications and ensures:

• transparency in the requirements to be granted a student visa
• consistency in decision-making
• the integrity of the Student visa program is maintained by using objective measures of risk to determine visa requirements.

These visa arrangements are designed to promote growth in the number of genuine full-time students coming to Australia and the overall quality of Australia's Student visa program.

Eligibility

Before applying for a student visa, students must have been accepted for full-time study in a registered course in Australia.

A registered course is an accredited education or training course listed on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) and offered by an Australian education provider registered to offer courses to overseas students.
See: CRICOS

Applying for a student visa

Students must apply for a visa in the sector that relates to their main course of study:

• Independent English Language Intensive Course for Overseas Students (ELICOS) sector – subclass 570
• Schools sector – subclass 571
• Vocational Education and Training sector – subclass 572
• Higher Education sector – subclass 573
• Postgraduate Research sector – subclass 574
• Non-award sector – subclass 575
• AusAID and Defence sector – subclass 576.

Generally, all overseas students should apply for their first student visa while they are outside Australia. Only students subject to Assessment Level 1 may apply for their first student visa while they are in Australia. Other students would only be eligible to apply for their first student visa while they are in Australia under exceptional circumstances.
See: Student Visa Program – Assessment Levels (formerly known as Form 1219i) (147KB PDF file)

Students who already have a student visa to study in Australia but want to change their main course of study to one in a different education sector, must apply for a new student visa in the education sector appropriate to their new main course of study.
See: Applying for a Student visa (formerly known as Form 1160i) (102KB PDF file)

Assessment factors

Students must provide evidence to satisfy the assessment criteria that applies to them before they can be granted a student visa. This includes evidence that they have sufficient financial capacity to cover living costs in Australia, tuition fees and travel costs as well as the ability to support any family members. Applicants must also satisfy criteria for proficiency in English, level of education, and other matters such as potential to breach visa conditions.

The evidence required for these criteria differs according to the assessment level assigned to each education sector and nationality. Assessment Level 1 represents the lowest evidentiary requirements and Assessment Level 5, the highest.
See: Student Visa Program – Assessment Levels (formerly known as Form 1219i) (147KB PDF file)

All students and accompanying family members must be of good character and sound health and hold Overseas Student Health Cover (OSHC) for the duration of their visa. Students from Belgium, Norway and Sweden may not need OSHC if they have acceptable health cover offered by those countries.

Assessment levels for 'packaged' courses

Students may 'package' their studies to combine a preliminary course with their main course of study on the one student visa. The subclass that applies to the package would be the one that corresponds to the main course of study. The student's assessment level is based on the package of courses they are studying:

• If a student is studying a package of courses, their assessment level is based on the country of their passport and the highest assessment level that applies to any of the courses in their package.
• If a student is studying a package of courses that includes an ELICOS course, their assessment level is based on the country of their passport and the highest assessment level that applies to any of the courses in their package, with the exception of the ELICOS course.
• If a student is only studying a main course of study, their assessment level is based on the country of their passport and the assessment level applicable to the visa subclass of the main course.

Example: A student from Vietnam has received offers from Australian education providers to study the following courses in Australia:

• a preliminary English language course in the ELICOS sector (subclass 570) subject to Assessment Level 3; followed by
• a Bachelor degree in the Higher Education sector (subclass 573) subject to Assessment Level 2; and finally
• a Masters by research in the Postgraduate Research sector (subclass 574) subject to Assessment Level 1.

This student could package all three courses under the visa subclass 574 for a Masters by research-Postgraduate Research sector. However, the student will be subject to Assessment Level 2 requirements against the main course (Masters by research). This is because the assessment level for the Bachelor degree is the highest in the package, and it is this assessment level that will be applied against the main visa subclass. The assessment level for the ELICOS course is excluded from the assessment level calculation.
See: Student Visa Program – Assessment Levels (formerly known as Form 1219i) (147KB PDF file)

Visa conditions

Permission to work

Students and their dependent family members granted student visas on or after 26 April 2008 have permission to work included with their visa.
See: New permission to work arrangement for student visa holders (58KB PDF file)

Students and dependent family members who were granted a student visa before 26 April 2008 and have not yet applied for permission to work may only apply for permission to work after they have started their course in Australia.
See: How to apply for permission to work

Students with permission to work may not undertake work until they have started their course in Australia. They are limited to 20 hours work per week while their course is in session but may work unlimited hours during formal holiday periods.

Student visa holders found to be working in excess of their limited work rights are subject to mandatory visa cancellation.

Family members permission to work

A student's family member who has permission to work, may work up to 20 hours per week once the student has started their course of study.

If the student has started a Masters or Doctorate degree by research, their family members work hours are unlimited, providing they have permission to work.

No extension of stay

Most Assessment Level 3 and all Assessment Level 4 students (except those in the schools sector) undertaking a course or courses of 10 months duration or less, are subject to a 'no further stay' condition. This condition generally prevents students from extending their stay in Australia, although they may apply for Graduate Skilled Temporary (subclass 485) visa or a student visa with permission to work.

If an Assessment Level 3 student provides evidence of funds to cover a further 12-month stay, the ‘no further stay’ condition is no longer mandatory.

Students who are sponsored by the Commonwealth of Australia or the government of their home country may also be subject to a 'no further stay' condition. They will only be able to extend their studies in Australia if the sponsoring government gives written consent.

Change of address

Students must inform their education provider of their current residential address within seven days of arrival and of any change of address in Australia within seven days of the change. Students must also notify their current provider of any change of enrolment to a new provider.

Family members

Family members aged 18 years or over may only study for up to three months. If they want to undertake a course of study that exceeds three months, they must apply for a student visa in their own right.

School-age family members (child aged 5–18 years) who join the student in Australia for more than three months must attend school. The student must meet any associated education or tuition costs for that child.

A student's child aged 18 years or over cannot apply for a student visa as a family member. If they want to study in Australia, they must apply for a student visa in their own right.

Student Guardian (subclass 580) visa

If a student is under 18 years of age, it is possible for one of their parents or relatives to apply for a Student Guardian visa to accompany them to Australia. The Student Guardian visa allows that person to stay in Australia to care for the student until they turn 18. A student guardian does not have permission to work while in Australia.

Online applications

The Australian Government now offers online lodgement of applications 24 hours a day.

Applicants must hold a valid passport and a confirmation of enrolment from a registered Australian education provider. They must also be able to pay the visa application charges with an acceptable credit card. If a visa is granted, an email will be sent to the applicant confirming visa conditions and requirements.

Assessment Level 1 students outside Australia can apply for a student visa using eVisa, providing they are at least six years of age and are applying no more than four months (124 days) before the commencement of their course.

Assessment Level 2–4 students outside Australia cannot currently apply using online lodgement, unless they hold a passport from the countries listed below, are resident in that country, and lodge their application with a registered migration agent who is party to a valid Deed of Agreement with the department. The countries are:

• the People's Republic of China
• India
• Indonesia
• Thailand.

In Australia, some temporary resident visa holders who have Assessment Level 1 may apply for a student visa using online lodgement.

Student visa holders who are in Australia may apply for permission to work using online lodgement, as well as another student visa to extend their stay.
See: Students

Statistics

The Student visa program report is a quarterly statistical publication that provides data on the Student visa program administered by the Department of Immigration and Citizenship. This report will be a valuable resource for anyone who has a stake in the international student sector.
See: Student visa statistics

Further information for students

The Education Services for Overseas Student Act 2000 (the ESOS Act) provides important safeguards for overseas students in Australia. The ESOS Act regulates the activities of education providers delivering education and training to international students by setting standards and providing tuition and financial assurance.
See: Australian Education International

If students choose to work part time while studying in Australia, they are entitled to the same work rights as Australian permanent residents and citizens. For more information and advice about conditions of employment in Australia, students can contact the Fair Work Ombudsman.
See: Fair Work Ombudsman

Further information is available on the department's website.
See: www.immi.gov.au

The department also operates a national general enquiries line.
Telephone: 131 881
Hours of operation: Monday to Friday from 8.30 am to 4.30 pm (recorded information is available outside these hours).

Fact Sheet 50. Produced by the National Communications Branch, Department of Immigration and Citizenship, Canberra.
Last reviewed October 2011.

© Commonwealth of Australia 2011.