International students coming to Australia for full-time study generally need a Student visa (subclass 500). As well as a Confirmation of Enrolment (CoE) from a registered provider, applicants must meet the Genuine Student requirement and English, financial, health and character criteria. Once the visa is granted, students must comply with conditions on attendance, course progress and work hours, and breaches can lead to cancellation. This article explains the legal framework for student visas, the application process, common problems, and what to do after a refusal or cancellation.
Legal framework
Student visa criteria are set out in the Migration Act 1958 (Cth) and under subclass 500 in Schedule 2 of the Migration Regulations 1994 (Cth). Providers and courses must be registered on CRICOS and are regulated by the Education Services for Overseas Students Act 2000 (Cth). The Minister sets processing priorities for student visas through a ministerial direction (currently Ministerial Direction No. 115), so processing times are affected by provider and country planning levels.
Key requirements
- Genuine Student requirement: Replaced the former Genuine Temporary Entrant (GTE) requirement on 23 March 2024. Applicants must answer specific questions about their background, previous study, and how the chosen course connects to their future plans.
- English: Depends on the type of course and any exemptions.
- Financial capacity: You must show enough funds to cover tuition, living costs and travel, calculated using the amounts Home Affairs publishes at the time.
- Overseas Student Health Cover (OSHC): Must cover the whole visa period.
- Students under 18: Must have appropriate accommodation and welfare arrangements. A parent or relative can accompany them on a Student Guardian visa (subclass 590). See Guide to the subclass 500 Student visa and subclass 590 Student Guardian visa.
Limits on onshore applications
Since 1 July 2024, visitor visa and Temporary Graduate visa (subclass 485) holders generally cannot apply for a student visa in Australia. If your current visa has condition 8503 ('no further stay'), you also need a waiver first. Before planning to change visas onshore, check whether these limits apply to you.
Visa conditions and compliance
Student visas usually carry these conditions:
- 8202: stay enrolled and meet attendance and course progress requirements;
- 8105: work no more than the set number of hours per fortnight while your course is in session;
- 8501: maintain adequate health cover throughout;
- 8516 and 8533: continue to meet the visa criteria, and tell your provider of a change of address within the set timeframe.
Changing providers or courses, or extending your studies, may require a new CoE and in some cases a new visa. For more on your obligations while studying, see Key legal points for studying in Australia.
Common issues and risks
- A Genuine Student statement that is too general, or inconsistent with your qualifications, work history and source of funds.
- Funds whose source can't be explained, or documents whose authenticity is questioned, which can trigger public interest criterion 4020.
- Poor attendance or course progress, which the provider must report to Home Affairs, followed by a notice of intention to consider cancellation.
- Working more than the permitted hours, or not sorting out your next visa before the current one expires.
Refusal and cancellation
A student visa refused onshore can generally be reviewed by the Administrative Review Tribunal (ART) within the time limit in the decision letter. The ART replaced the Administrative Appeals Tribunal (AAT) on 14 October 2024. Offshore refusals usually carry no review right, so the option of reapplying needs to be assessed. Before cancelling a visa, Home Affairs generally issues a notice of intention to consider cancellation, and the holder should respond with an explanation and evidence by the deadline. For the process, see our visa refusals.
Visa pathways after graduation
After finishing an eligible course, students may be able to apply for a Temporary Graduate visa (subclass 485), a skilled visa or an employer-sponsored visa. Each pathway has different age, English, occupation and work experience requirements, so plan well before you graduate. See Visa pathways for international students after graduation.
Documents you’ll need
Usually your passport, CoE, academic records, English test results, Genuine Student statement and supporting documents, evidence of funds and their source, OSHC policy, welfare arrangements for students under 18, and health examination results. Documents not in English need an accredited English translation.
How we help
Chua Tan Associates has practised in Melbourne since 1990. Two of our lawyers are Accredited Specialists in Immigration Law (Law Institute of Victoria). We can help assess student visa applications, prepare Genuine Student statements and financial evidence, respond to notices of intention to consider cancellation, and handle ART review after a refusal. We work in English, Mandarin and Cantonese. For more information, see our Australian immigration law services page.
Frequently asked questions
Can I apply for a student visa in Australia while on a visitor visa?
Generally, no. Since 1 July 2024, visitor visa and subclass 485 Temporary Graduate visa holders usually cannot apply for a student visa in Australia and must apply from outside Australia. If your current visa has condition 8503, you also need a waiver first.
What is the Genuine Student requirement?
The Genuine Student requirement replaced the old GTE requirement on 23 March 2024. Applicants must explain their background, previous study, why they chose the course and how it will help their future, with supporting documents, to show their main purpose is to study in Australia.
Can I seek review of a student visa refusal?
If a student visa application lodged in Australia is refused, it can generally be reviewed by the Administrative Review Tribunal (ART) within the time limit in the decision letter. Offshore refusals usually carry no review right; you can consider reapplying after working through the reasons for refusal.
Can poor attendance lead to my student visa being cancelled?
It can. Student visas carry condition 8202, which requires students to stay enrolled and meet attendance and course progress requirements. Providers must report breaches to Home Affairs, which can then consider cancelling the visa. Respond promptly to any notice you receive.
Chua Tan Associates has practised in Melbourne since 1990, acting for clients in Australia and overseas in English, Mandarin and Cantonese. For a confidential consultation, call +61 3 9602 3988 or email chuatan@tpg.com.au. This article is general information only and is not legal advice.
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