Student Visas

Types of student visa

There are many different visas for foreign students, depending on the type of course you are studying. There are visas for:

• English language intensive courses
• Schools
• Vocational education and training
• Higher education
• Postgraduate education (eg Masters or PhD)
• Non-award foundation courses (ie a course which has no prerequisites and will not lead to a formal qualification)
• AUSAID or Defence sponsored courses

The course must be provided by an education institution that is registered with the Australian government - this can include both state-owned and private institutions.

You must be accepted into a course before you apply for the visa. Courses are ranked according to an "assessment level" - you must fulfil the requirements for your level before you apply. Requirements may include English language proficiency and previous study.

English language

Most types of student visa require you to have a good level of English proficiency. You must pass the International English Language Testing System (IELTS) test before you apply for a visa.

Money

You have to prove you have enough money to support yourself financially while you are studying in Australia - this includes course fees, living expenses, airfares and other expenses. You should have health insurance for your time in Australia because foreign students are not covered by the public health system. You will also have to pass standard migrant tests for health and criminal record.

Course requirements

You must ensure you meet all the course requirements while you are studying in Australia. For example, there may be rules for satisfactory academic performance or minimum attendance days. If you do not meet all course requirements, your visa may be cancelled.

Working with a student visa

Foreign students can apply for a work permit that allows you to work up to 20 hours a week (in some conditions you can work full-time) while you are studying - this can help you cover your living expenses. It also gives you a great opportunity to get experience working in Australia.

But this is not an automatic entitlement for a visa-holder - you have to apply for a work permit once you are in Australia and have commenced your course of study.

You may be able to work full time while you are on holidays between semesters. But be careful - if you work too many hours, you can be in breach of your visa conditions. You may even have your visa cancelled. You should get advice to make sure your work is permitted.

If you hold a student visa, you may be eligible to apply for a working visa after you have graduated.

Family members

If you are married or have children, you can apply for them to accompany you while you are studying in Australia.

Your spouse or partner may be able to work full time to support you while you are studying - especially if you are studying for a higher degree, such as a PhD or Masters.

Visa cancellation and appeals

If you are notified that your visa will be cancelled (eg if you failed to meet course requirements), you must get legal advice immediately. You may be able to explain your situation and keep your visa, but you must do this within 28 days or your visa will be cancelled automatically. If your visa has been cancelled it can be very difficult to get another visa.

If your visa is cancelled it is possible to appeal this decision to the Migration Review Tribunal. You should get legal advice as soon as possible if you would like to appeal a visa cancellation - this can be a difficult process.

If you are successful in appealing a visa cancellation, you may be able to apply for another visa, even if your original visa expired in the time it took to appeal the decision.

The law has recently changed in this area - this only applies to people who successfully appeal to the Migration Review Tribunal after 23 December 2004. But you must act quickly - you only have 28 days in which to apply for another visa, or you will have to leave Australia. If you are in this position, you should seek legal advice urgently.

Do your homework

It is important for all students to do their homework - in both their course of study and their visa requirements.

Student visas provide a great opportunity to gain valuable Australian qualifications. Don't risk this opportunity - get advice from a qualified immigration lawyer. That way, you can be sure you will not run into trouble.