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When applying for a student visa to Australia, one of the main criteria is proof of being a genuine student. To be a genuine student an applicant must satisfy the requirements set out in Schedule 5A migration regulations (Cth). These requirements may vary depending on the visa subclass applied for and the assessment level the applicant falls within. Separate provisions apply to demonstrate that they are a genuine student covering English language proficiency, financial capability and other requirements.
If an applicant is not able to meet all the requirements, they cannot be found to be a genuine student visa applicant and should be refused a visa on the grounds that they do not meet the requirements. The specific requirements that need to be met vary by visa subcategory and assessment levels of the applicant. Typically, the IELTS qualification is most commonly relied upon to prove that an applicant has met the necessary requirements regarding English language proficiency. However, the Immigration Department will from time to time publish in its Gazette other tests which are considered valid for the purposes of entry to Australia. Generally, it is not possible to use the results of an English language test completed after the application has been submitted. In some circumstances, the Immigration Department will also accept proof of completion of the State School Certificate Examination or completion of a tertiary institution course as evidence of meeting the English language proficiency requirements.
With regard to financial capacity requirements, an applicant must be able to pay their own tuition and education costs, living costs for the duration of their stay in Australia, school costs for dependents of school age, and travel costs. The fee for education is determined by electronic confirmation or offer of place letter with the education provider. The cost of living for a student is calculated at a base rate of $12,000.00 per year for a student and then adjusted pro-rata. If school-age dependents also accompany the student, they must also allow $8,000.00 per year for each school-age child. The cost of traveling to Australia will also have to be paid. Where a student visa applicant depends on the source of funding, it may be acceptable to be based on private corporate sponsorship, financial support from the proposed education provider, loans from financial institutions or government sponsorship. Applicants can also rely on endorsements from ‘admissible persons’ which include closest relatives and family members.
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