Table of Contents
Regulations & Legislation (REG) ........................................................................................ 2
The ESOS Act .............................................................................................................................. 2
The National Code of Practice 2018 ............................................................................................ 2
CRICOS ....................................................................................................................................... 3
The Migration Act 1958 .............................................................................................................. 3
Basic Requirements for Obtaining a Student Visa ........................................................................................ 3
The Privacy Act 1988 .................................................................................................................. 4
Protection for International Students ................................................................................ 5
Tuition Protection Service .......................................................................................................... 5
Types of Visas .................................................................................................................... 5
Criteria for Student Applications ........................................................................................ 6
Full Time Study ........................................................................................................................... 6
Genuine Temporary Entrant (GTE) .............................................................................................. 6
Examples ...................................................................................................................................................... 6
Good Character .......................................................................................................................... 6
Health Requirement ................................................................................................................... 7
Health Examination .................................................................................................................... 7
Risk of Tuberculosis (TB)............................................................................................................................... 7
Health Insurance ........................................................................................................................ 7
Evidence of Financial Capacity .................................................................................................... 8
Simplified Student Visa Framework (SSVF) ................................................................................. 9
Regular evidentiary requirements................................................................................................................ 9
Streamlined evidentiary requirements ........................................................................................................ 9
English Language Proficiency Requirements ............................................................................. 10
Student Visas .................................................................................................................. 10
Visa Duration ........................................................................................................................... 10
Lodging an Application via immiAccount .................................................................................. 10
Visas Following Study ...................................................................................................... 14
485 Visa.................................................................................................................................... 14
Australian Study Requirement ................................................................................................................... 14
Graduate Work Stream .............................................................................................................................. 14
Post-work Study Stream ............................................................................................................................. 14
Regulations & Legislation (REG)
The ESOS Act
The Education Services for Overseas Students (ESOS) Act 2000 is the primary Australian
Legislation regulating international education.
The ESOS Act regulates:
o The registration process obligations of registered providers
o The Tuition Protection Service
o Enforcement and compliance powers
There are three main objectives:
The National Code of Practice 2018
To achieve the intended purposes of the ESOS Act the legislation provides a National Code
of Practice. This sets nationally consistent standards to support providers to deliver quality
education and training to overseas students.
An agent’s behaviour is the direct responsibility of the education provider. If you make a
mistake or are dishonest, the education provider will be held responsible.
There are 11 National Code Standards:
Standard 1: Marketing information and practices
Standard 2: Recruitment of an overseas student
Standard 3: Formalisation of enrolment and written agreements
Standard 4: Education Agents
Standard 5: Younger overseas students
Standard 6: Overseas student support services
Standard 7: Overseas student transfers
Standard 8: Overseas student visa requirements
Standard 9: Deferring, suspending or cancelling the overseas student’s enrolment
Standard 10: Complaints and appeals
Standard 11: Additional requirements
International Students must study Full-time.
CRICOS
The ESOS Act provides a register of all educational institutions and courses offered to
international students in Australia. This register is called the Commonwealth Register of
Institutions and Courses for Overseas Students (CRICOS).
If an institution or course is not registered on CRICOS, it is not possible to apply for a
student visa to study in Australia in that institution or course.
The Migration Act 1958
The Migration Act 1958 and associated migration regulations are the national laws and
regulations that govern the issuing of Student, Tourist and other visas. This is the
responsibility of the Department of Home Affairs (DHA), which is a federal government
department.
Basic Requirements for Obtaining a Student Visa
o The student intends to study a course that is CRICOS registered
o The student has relevant electronic Confirmation of Enrolment (CoE) for the course
o The student has the appropriate financial capacity to study in Australia
o The student must have appropriate academic background, including English
language proficiency to study in Australia
o The student must demonstrate that they have adequate health insurance, no debts
to the Australian government and are of "good character"
Other criteria may depend on the student's country of origin and education sector they wish
to study in. The Department of Home Affairs assesses the risk that a student will breach
their visa conditions. The Simplified Student Visa framework (SSVF) came into effect on 1
July 2016. Its features include:
o international students apply for a single Student visa (subclass 500) regardless of
their chosen course of study
o student guardians apply for the Student Guardian visa (subclass 590)
o a single evidence level framework applies to all international students
All students and student guardians are generally required to lodge their visa application
online by creating an account in ImmiAccount.
The Privacy Act 1988
The Privacy Act governs what information can be shared by institutions and agents about
students. This law protects the rights of individuals to have their personal details dealt with
confidentially.
Protection for International Students
Tuition Protection Service
The Tuition Protection Service (TPS) is an initiative of the Australian Government to assist
international students whose education providers are unable to fully deliver their course of
study. The TPS ensures that international students are able to either:
o complete their studies in another course or with another education provider or
o receive a refund of their unspent tuition fees.
The Tuition Protection Service is a mechanism to place students when a provider fails to
meet its obligations to provide the program (called a provider default).
Where there is a provider default, the provider must either refund affected students the
unexpended portion of their prepaid tuition fees, or to offer an alternative place which is
accepted in writing by the student.
The TPS gives students control and responsibility within the placement process by allowing
students to make a choice from available alternative placement options.
The ESOS legislation details a limit of 50% in the amount of prepaid tuition fees a provider
can demand from a student before they commence their course. Unless the course is less
than 24% and they can require 100% of fees to be paid.
Types of Visas
*The ESOS Act does not cover students studying on these types of visas.
On a Visitor Visa (subclass 600), you are not permitted to work in Australia.
Criteria for Student Applications
Full Time Study
The student must be enrolled in full-time study to apply for student visa, with the exception
of PhD students waiting for their thesis to be marked.
Genuine Temporary Entrant (GTE)
The Department of Immigration and Border Protection needs to make sure the student is
coming to Australia for genuine study purpose and have a realistic prospect of returning
home once their studies have finished.
The DHA will consider these requirements:
• the circumstances of the home country
• the potential circumstances in Australia
• the immigration history
• the value of the course to the applicant’s future
• any other relevant matter to intention to stay temporarily
Examples
Good Character
The student must declare on their visa application that (some examples):
• have not been involved in criminal activity
• have not previously been deported
Health Requirement
To meet the health requirement, a student must be free from a disease or condition that is:
• Considered to be a threat to public health or a danger to the community
• Likely to result in significant health care and community service costs to the
community
• Likely to require health care and community services that would limit the access of
citizens and permanent residents to those services if they are in short supply.
Health Examination
A student may have to undergo a health examination as part of their visa process. They will
have to check the DHA website to see if they need to get an examination done.
Risk of Tuberculosis (TB)
The risk of TB impacts the likelihood of a medical examination.
Health Insurance
Adequate health insurance is mandatory for visa requirements. DHA requires evidence of
Overseas Student Health Cover (OSHC) to ensure the student is adequately insured. Some
institutions will include OSHC in their enrolment fees.
Evidence of Financial Capacity
All funds that can be accepted as evidence must be clearly available to the student in order
to pay for their studies and living costs. The factors that may be considered include:
•
•
•
The relationship of the sponsor (e.g. a parent or guardian’s funds are appropriate,
but “family friends” bank accounts are not normally acceptable)
Income, assets and employment history of sponsor/parent
Previous visa history of the student (e.g. have they had difficulties in the past)
Students cannot rely on their ability to earn money through work in Australia as evidence of
having funds. The following are sources of evidence of financial capacity:
•
•
•
•
money deposit with a financial institution (bank)
loan with a financial institution (bank)
government loans
scholarship
There are three options to provide financial evidence.
Option 1: 12 months living expenses
Show evidence of funds for travel costs plus 12 months of living and tuition costs. One
year’s living expenses are designated as:
•
•
•
Student: AUD$20,290
Spouse or de-facto partner: AUD$7,100
Any dependent children: AUD$3,040
If a student has dependants, they need to show access to relevant funds for the
accompanying family unit (spouse and/or children).
Each school-age child requires AUD $8,000 for each year of schooling they will require
(unless they have been provided with an exemption from a Government High School).
Option 2: Annual income of parents
Show evidence that the annual income of the student’s parents (combined if
necessary) or spouse exceeds AUD$60,000 per year. If one or more members of the
applicant’s family unit are seeking to satisfy the secondary criteria for the Student
visa, they will need to demonstrate an income of AUD$70,000 per year.
This information must be provided on Government documentation (such as a tax
return) which less than 12 months old.
Option 3: Secondary exchange students only
Show a completed Acceptable Advice for Secondary Exchange Student (AASES) Form
Simplified Student Visa Framework (SSVF)
SSVF provides the evidentiary requirements for each student application. The requirements
are on the basis of a combination of the student’s country of citizenship and the rating of
provider of the principal course.
These ratings change every 6 months on the basis of:
o Rate of visa cancellations
o Rate of visa refusal due to fraud
o Rate of visa refusal not due to fraud
o Rate of student visa holder becoming unlawful (overstaying their time in Australia)
o Rate of student visa holders applying for a Protection visa
Regular evidentiary requirements require evidence of English proficiency and financial
capacity of their applications.
Streamlined evidentiary requirements requires no evidence of English proficiency and
financial capacity. They only need to “declare” their financial capacity to the DHA.
It is generally quicker for processing when students provide all requested documentation.
The majority of students (more than 80%) will be eligible for streamlined arrangements.
English Language Proficiency Requirements
Student Visas
Visa Duration
The duration of the student visa depends on the dates of study detailed in the CoE’s that are
submitted with the application. In general, the visa granted will satisfy the full length of
every CoE that is in a sequence or package.
Lodging an Application via immiAccount
Step 1: Select My applications tab
Step 2: Click New Application
The New application page displays.
Step 3: From the applicable Application group click the icon to display the types of
applications available.
Step 4: From the Application type list, select the applicable application type.
Step 5: Click Expand all to display all applications in all the Application groups.
Click Collapse all to close all Application groups.
The Application for a Student Visa Terms and Conditions window displays for the visa you
have selected.
To read the terms and conditions of the application, follow the View Terms and
Conditions link.
Step 6: Select the I have read and agree to the terms and conditions checkbox. to confirm
you have read and agree to the Terms and Conditions
Step 7: Click Next.
A list of questions relating to the application displays.
Answer each question, then click Next.
Repeat this process until all the questions have been answered.
Once you have completed and reviewed your application, the Application for a Student
Visa page displays.
Your application will not be processed until you pay the application fee. You can save the
application and come back later with payment details.
Step 8: If you choose this option, click Go to my account.
You have completed the process as far as you can at this stage and do not need to
complete the rest of the steps in this guide.
Alternatively, you can make the visa application payment now. If you choose this option,
proceed to the next step in this guide.
Step 9: Click Submit Now.
The Make a payment window displays.
Step 10: Enter the payment details then click Submit.
The Confirm payment by debit/credit card dialog box displays.
Step 11: Click Submit
The payment is confirmed and the Debit/credit card payment confirmation page displays.
Step 12: Click Next
The window displays a summary of the application.
Step 13. Click Go to my account
The My applications summary window displays. The status of the application has been
updated.
CoE (Confirmation of Enrolment)
A CoE is a Confirmation of Enrolment. It is a web-based document created by PRISMS that
records which course(s) a student is enrolled in. If a student intends to study more than one
course, more than one CoE is produced. The student can then apply for a student visa for the
combined length of all the courses; this is called a package visa.
Producing a CoE (steps)
• The provider agrees to enrol the student.
• The provider authorises and prints a copy of the CoE and provides a copy to the
student and/or agent.
• The information on the CoE is transmitted to DHA via PRISMS.
• When the student applies for a student visa, DHA matches and approves the CoE
details.
Reporting Students Using PRISMS
Students are not reported if:
• They follow the intended study pathway.
• The details on their CoE do not need to be changed in any way.
If any changes are necessary, the institution uses PRISMS to produce a Student Course
Variation (SCV).
An education provider will report a student to DIBP if:
• The student doesn’t begin their course.
• The student finishes the course before the date on the CoE.
• The student leaves the provider.
Non-Compliance Reporting:
• Non-attendance in classes.
• Unsatisfactory academic performance.
In this case, a student has 28 days to make an appointment at a DIBP office.
Extra Notes
1.International students outside Australia must be enrolled in a registered course of study
and provide a Confirmation of Enrolment (CoE) when they lodge their Student visa
application.
2. Students in Australia may still apply with a letter of offer or a CoE but must obtain a CoE
to be granted the visa.
3. Students must apply using the online form 157A (internet). Where an applicant
encounters a technical difficulty, they will be able to lodge an online technical support
form.
4. All students complete the same form. Students are asked to enter information about
their financial and English proficiency regardless of whether they have streamlined or
regular evidentiary requirements. While some questions are non-mandatory for streamlined
students, it may make the application process quicker in some cases for the student to
provide any English proficiency information to support the student’s GTE assessment.
5. Legislation and regulations in Australia relating to the enrolment of international students
are The ESOS Act 2000 & The National Code of Practice 2018.
6. Tuition Protection Services are outlined in the ESOS Act 2000
7. Visa Condition 8202 – A student must be enrolled Full Time
8. Visa Condition 8533 – Student keep institution informed of current address (7 days)
9. Which of the following proposed course changes might require a student to obtain a new
visa? – Bachelor of Business to a Cert IV of Business.
Visas Following Study
485 Visa
To remain in Australia after studies, you can apply for a 485 Temporary Graduate Visa.
The visa has two streams:
• Graduate work steam
• Post-study work stream
Australian Study Requirement
All subclass 485 visa applicants must meet the Australian Study Requirement in the 6
months immediately prior to making their application.
Students must have:
• Attained a single qualification requiring at least 2 academic years OR
• Multiple qualifications resulting in a total period of at least two academic years study
• Undertaken this study in no less than 16 months
• Lodged their application within six months of completing their course (when results
are received, not the graduation ceremony)
Note, two academic years study is defined as 92 weeks of stud in a course or courses
registered by CRICOS. The course may take longer, but the student twill only be credited with
the number of weeks that CRICOS determined as the standard duration.
Graduate Work Stream
Relevant to international students with an eligible qualification who graduate with skills and
qualifications that relate to an occupation on the Skills Occupation List (SOL). A visa in this
stream is granted for 18 months.
Eligible qualifications can be a degree, diploma or trade qualification. The qualifications
must be closely related to the student’s nominated skilled occupation.
Note, the SOL changes regularly. The occupation the student begins their course studying
may no longer be on the list when they graduate.
Post-work Study Stream
For international students with an eligible qualification. A visa in this stream is granted for 24 years.
Eligible qualifications:
• Bachelor degree (2 years work rights)
• Bachelor (honours) degree (2 years work rights)
• Masters by coursework degree (2 years work rights)
• Masters (extended) degree (2 years work rights)
• Masters by research degree (3 years work rights)
• Doctoral degree (4 years work rights)