Student Visas

The World is Your Oyster

This Visa applies for non-Australian Citizens or Residents that wish to study in Australia for a course of education that is longer than three months. The visa allows students to stay in the country for the duration of their chosen course. Student visas are temporary visas which may lead to a Skilled Migrant visa, Employer Sponsored Visa and/or Permanent Residency. Emerson Migration Law will discuss your long term immigration desired outcomes and will be able to suggest the most appropriate Visa type for your circumstances.

Student Visas are highly technical applications to collate and submit to the Department of Home Affairs. They require a thorough understanding of the Simplified Student Visa Framework which was implemented in March 2016 as well as the considerations surrounding the Genuine Temporary Entrant (GTE) criteria under the Migration Regulations 1994 (Cth).

Our migration lawyers and migration agents will assist you in preparing all supporting documentation along with a very comprehensive Statement of Purpose  (SOP) addressing the Genuine Temporary Entrant (GTE) Criteria. Ministerial Direction 69 (52KB PDF) sets out a number of factors we take into account when determining whether you meet the GTE requirement.

The GTE requirement is used to make sure the student visa program is accessed as intended. The student visa program is not a way for international students to maintain ongoing residency in Australia.

The GTE requirement helps identify applicants who are using the student visa program for motives other than gaining a quality education.

As part of your Student Visa, you will also need to provide evidence of your Financial Capacity (i.e. your ability to fund your tuition costs, living costs), and your return travel from and to your home country.

You will also require health and character clearances along with IELTS or Evidence of English Language results.

In order to be eligible to be a Student Guardian you must be:

  • the parent of the student visa holder, or
  • a person who has custody of the student, or
  • a relative of the student, aged 21 years or older, nominated in writing by a parent or person who has custody of the student.

A Student Guardian is able to support a Student Visa holder under the age of 18 or a Student Visa holder over the age of 18 requiring support and care due to exceptional circumstances.

The Student Guardian applicant must also meet the financial requirements, make welfare arrangements for dependant’s overseas, have adequate health insurance, be a genuine temporary entrant, meet the health requirements and meet the character requirements.