Australian Student Visas

In an effort to retain successful overseas students there are three categories of skilled visa which allow successful tertiary-qualified overseas students in Australia to remain permanently.

Applications must be made while the former student is still in Australia, and within six months of completion of a diploma, degree, or trade certificate for award by an Australian educational institution after a qualifying period of full time study in the English language medium at that institution in Australia.

A new temporary Graduate - Skilled visa (subclass 497) is available to allow Student Visa holders to remain in Australia for up to six months while their application for a permanent Skilled Overseas Student visa is being processed.

Applicants for an 880 Independent Overseas Student visa must have a successful skills assessment for a skilled occupation assigned at least 60 points on the skilled occupation list or 50 points if they are a successful PhD student.

Applicants for an 881 Australian-sponsored Overseas Student visa must have a satisfactory skills assessment for a nominated skilled occupation assigned at least 50 points on the Skilled Occupations List.

Applicants for an 882 Designated Area-sponsored Overseas Student visa must simply have a satisfactory skills assessment for any nominated skilled occupation that carries 40 points or more.

For all visa subclasses there are certain conditions that the visa holder must meet. Student Visas are no exception. The following are a few of the most common conditions attached to student visas:

• Condition 8202 requires the student to satisfy attendance and/or course requirements and maintain a valid enrolment for the chosen course of study. Attendance needs to be above 80%
• The student must have made adequate arrangements for health insurance whilst in Australia. This is normally covered in the course provider’s enrolment fees and is compulsory
• The main applicant must make adequate arrangements for the education of any school-age dependant who is staying in Australia for three months or more
• The student and members of the family unit must not work unless granted permission after the course of study has commenced
• Your Student Visa can be granted a maximum of 12 weeks (2 months and 3 weeks) before your course commencement date. You may travel to Australia on a one-way ticket if you hold a Student Visa
• The student must remain with the education provider with whom the student enrolled for the first 12 months of the course (or for the duration of the course if the course lasts for less than 12 months) - save for in exceptional circumstances
• Condition 8533 requires the student to provide their residential address to the education provider within seven days of arrival in Australia. Any changes in address during the course of the studies must also be notified to the education provider within seven days after the change occurs

If a visa holder were to breach any of these conditions then this may result in the visa being cancelled and the holder removed from Australia.

You may wish to extend your stay in Australia for further study, staying for graduation, a holiday, or migration.

If this is the case then we would advise you to contact an OE Consultant for further information.

All initial Student Visas are granted with the condition 8101, No Work. This means when you land in Australia you are not entitled to work.

You and members of your family can, however, apply for permission to work but only after you have commenced your studies in Australia.

The main applicant holding the student visa can work 20 hours per week during any week when your course is in session. There are no restrictions on the hours of work when the course is not in session such as vacation periods.

The secondary applicant, i.e. the spouse/partner, can also apply to work 20 hours a week. Secondary applicants can only work more than 20 hours if the main applicant is doing postgraduate study.