Legal Law

How to prove you are a genuine student for immigration purposes

When applying for a student visa to Australia, one of the main criteria is evidence of being a genuine student. To be a bona fide student, an applicant must meet the requirements set forth in Schedule 5A for the Immigration Regulation (Cth). These requirements may vary depending on the visa subclass applied for and the assessment level the applicant is at. Separate provisions apply to prove that they are genuine students covering English language proficiency, financial ability and other requirements.

If an applicant cannot meet all the requirements, they cannot be considered to be a bona fide student visa applicant and should be denied a visa on the basis that they do not meet the requirements. The specific requirements that must be met vary depending on the visa subclass and the applicant’s screening levels. Generally, to demonstrate that an applicant has met the necessary requirements in relation to English language proficiency, IELTS is the most commonly relied upon qualification. However, the Immigration Department will occasionally publish in its gazette other evidence that is recognized as valid for the purposes of entry into Australia. Generally, it is not possible to use the results of an English language test completed after the accommodation of the request. In some circumstances, the immigration department will also accept evidence of completion of the state school certification exam or completion of a college course as evidence of meeting English language proficiency requirements.

In relation to financial capacity requirements, an applicant must be able to pay their tuition and education costs, living costs while in Australia, school costs for dependents of school age, and travel costs. Education fees are determined by electronic confirmation with the education provider or the place offer letter. A student living costs are calculated at the base rate of $12,000.00 per year for an individual student and are then adjusted at a prorated rate. If school-age dependents are also accompanying the student, they must also allow $8,000.00 per year for each school-age child. The cost of travel to and from Australia must also be anticipated. Where a student visa applicant relies on a funding source, it may be acceptable to rely on sponsorship from a private company, financial support from the proposed education provider, loans from financial institutions, or sponsorship from a government. Applicants may also be supported by ‘acceptable individuals’ which includes most close relatives and family members.

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