What is a student visa?

A student visa is a temporary visa that allows international students to study in Australia for up to six years in eligible courses of study.

There is one student visa for all applicants: a Subclass 500 Student Visa.

Student guardians can apply for the Subclass 590 Student Guardian Visa, which allows eligible applicants to accompany certain student visa holders (though the student generally must be under 18) to provide for their care and wellbeing while they are studying in Australia.

Why work with an expert student visa lawyer?

  • Your student visa lawyer will have experience in all visa subclasses and visa refusals.
  • Doing your student visa application yourself puts you at risk of making potentially irreversible errors.
  • International students applying for a student visa must meet the Genuine Student and financial requirements. Your PAX student visa lawyer will be able to carefully assess your situation and plan how to address this criteria to give you the best chance of a successful outcome.
  • Applying the law is critical; just knowing it isn’t sufficient. Your PAX student visa lawyer will be fully informed of the law, regulations, policy, Review Tribunal and case law decisions, and, if required, will be able to lodge a further application with the Department of Home Affairs.
  • Each visa application is different and your PAX student visa lawyer will treat it as such.
  • Your dedicated PAX student visa lawyer will manage your case from start to finish, and be available anytime for questions.

Our promise to you

  • We get things right the first time, helping you avoid mistakes on student visa applications that lead to costly and stressful refusals or delays.
  • Your student visa lawyer will provide you with professional support and immigration assistance to lighten the burden of your legal matters, so you can focus on what matters.
  • We’re considerate of your financial circumstances. Our student visa immigration lawyers provide you with accurate and fair visa costs throughout the legal process.
  • Ethics and integrity underpin everything we do at our immigration law firm, from the corporate clients we service to the quality of work we deliver.

The student visa process

Following your initial consultation, your PAX student visa immigration lawyer will create a visa pathway plan based on your needs, goals and individual situation. As part of the application, your student visa lawyer will:

  • Provide a complete review of your eligibility for a student visa and make sure that you have the right evidence. They will also confirm your eligibility for a graduate visa at the end of your studies (if applicable).
  • Help you prepare your Genuine Temporary Entrant (GTE) statement. Your GTE requirement is an important part of any student visa application and is an area where the most time should be spent preparing your supporting documents.
  • Advise you on bridging visas (for onshore clients) and work conditions on visas.
  • Lodge your application on time and complete before any deadline, and deal with the Department of Immigration on your behalf.

Additional requirements for student visa holders

As a student visa holder, there are certain conditions to follow when it comes to working while your course is in session:

  • Once the course has started you and your family members can work a maximum of 48 hours per fortnight. When the course is not in session (i.e. during breaks between semesters and summer holidays) you and your family members can work unlimited hours.
  • If you’re a student completing a masters by research or a doctoral degree, you and your family members can work unlimited hours once the course has started.

The department considers your course to be ‘in session’:

  • for the duration of the advertised semesters (including periods when exams are being held)
  • if you have completed your studies and your Confirmation of Enrolment (CoE) is still in effect
  • if you are undertaking another course during a break from your main course and the points will be credited to your main course

There are financial requirements that apply to student visa holders and their guardians. This is to make sure that students have sufficient funds to pay for travel, tuition and living expenses in order to financially support themselves and any partner and dependent children for the duration of their stay in Australia. The level of funds required and the supporting evidence required depends on the passport country of the applicant and the institution providing the course.

Included in the key conditions for student visa holders is that you must have a genuine intention to complete the relevant period of study in Australia. You will need to remain enrolled in your registered course and maintain satisfactory attendance in your course as required by your education provider, and must also make satisfactory course progress for each study period.

Contact us to book a no-obligation consultation for your student visa.

FAQs

“Wondering if you need to speak English to apply for a student visa in Australia? You may need to provide evidence of English language proficiency,” says Mario Amor, Principal Lawyer at PAX Law and a solicitor member of the Law Society of New South Wales. “This requires achieving a minimum test score in a selected approved English language test (unless you are exempt).”

“Yes, a student visa holder can work in Australia for up to 48 hours per fortnight while their course is in session, and for unlimited hours outside of session times,” says Mario Amor, Principal Lawyer at PAX Law and a solicitor member of the Law Society of New South Wales.

“You cannot work before your course commences, and the same applies to dependent visa holders. Students completing a masters degree by research or doctoral degree can work unlimited hours once their studies have commenced, and the same applies to dependent visa holders,” says Mario.

“Yes, if you’re on an Australian student visa, eligible family members can accompany you to Australia as dependent visa holders,” says Mario Amor, Principal Lawyer at PAX Law and a solicitor member of the Law Society of New South Wales.

“You can include a family member in your student visa application, or they can apply to join you later as a subsequent applicant if you declared existing family members at the time you lodged your application; or they became your family member after you were granted the visa,” says Mario.

“Yes, student visa holders can travel to and from Australia on an unrestricted basis over the student visa period,” says Mario Amor, Principal Lawyer at PAX Law and a solicitor member of the Law Society of New South Wales.

“You can apply for a student visa either onshore or outside Australia, but if you are applying while living in Australia, you must hold an eligible visa (exceptions apply). If you’re not sure what an eligible visa is, contact our team at PAX Law,” says Mario Amor, Principal Lawyer at PAX Law and a solicitor member of the Law Society of New South Wales.

Provisions have also been introduced to prevent visa hopping – this restricts certain temporary visa holders from applying for a student visa while in Australia. If you hold a visitor visa, you are unable to apply for a student visa onshore in Australia. If you want to study in Australia, you will need to apply for a student visa from offshore. Temporary graduate visa holders are also restricted from applying for a student visa onshore. You must depart Australia, or find an alternative visa option (if eligible) to remain onshore.

Yes, you can package two or more courses on one student visa. Doing this provides flexibility for students to apply for one student visa for several courses in situations where there is a progression from one course to another, without added visa processing times and costs. An example of a series of packaged courses would be a Certificate 4, Diploma and Advanced Diploma.

Packaged courses should be related and show reasonable course progression. When packaging courses, a student visa may be granted through to the end of the last course, up to six years.

“If you’d like to stay in Australia after your student visa has ended, you may be eligible to apply for Subclass 485 Temporary Graduate visa, which allows you to continue your stay in Australia and work and/or study further,” says Mario Amor, Principal Lawyer at PAX Law and a solicitor member of the Law Society of New South Wales.

“You may then potentially qualify for a skilled visa (including permanent residency). Our immigration lawyers can discuss your best options with you for subsequent visas,” says Mario.

Provided that you meet the eligibility criteria to qualify for a student visa, and you submit all required documents when lodging your application, you will be granted a student visa. Some requirements, like the Genuine Student requirement, are judged by various factors, and your application will be assessed based on your individual circumstances.

“No, there is no age restriction for an Australian student visa, however it may be a relevant consideration when assessing whether you meet the Genuine Student visa requirement,” says Mario Amor, Principal Lawyer at PAX Law and a solicitor member of the Law Society of New South Wales.

“To be eligible for a student guardian visa, the applicant must be either the student’s parent or legal guardian or a relative who is at least 21 years old; they must be able to provide accommodation, general welfare and support to the student; genuinely intend to reside in Australia with the student; not have any dependent children under six years old (exceptions apply); have health insurance for the duration of their stay in Australia; and have sufficient funds,” says Mario.

Photo of Mario Amor standing in front of a white wall.

Mario Amor

Principal Solicitor

Photo of Constantine Paxinos standing in front of a white wall.

Constantine Paxinos

Director

Photo of Christina Paxinos standing in front of a white wall.

Christina Paxinos

Practice Manager

Photo of Natalia Zambrano standing in front of a white wall.

Natalia Zambrano

Assistant


Hear from our clients

Choose PAX for your visa applications

“I wish there were more than 5 stars. I really recommend PAX for your visa applications.”

Hamzah Hamad, November 2023

Excellent support every step of the way

“I recently had the pleasure of working with PAX for my visa and permanent residency process, and I can’t recommend them highly enough. Their support and guidance were invaluable throughout the entire journey, from exploring student visa options to successfully obtaining a work-sponsored visa and finally, securing permanent residency.”

Felicia Chongyl, November 2023

PAX was the best

“I have been in Australia about 10 years as a worker and student, and during that time, I have met many migration agents but PAX was best. I have always suggested PAX to my friends, and my best friends & family have already completed or been doing their immigration plan with PAX. I strongly suggest PAX.”

Byeongjun An, April 2021

They made the entire journey smooth

“I had Christina help me with the full service for my Graduate Work Visa. I cannot thank her enough for the way she helped me finalise all the steps from beginning to end. Her guidance at consultation is clear and understandable enough that I am now confident to do the next goal of the PR visa. There is no hesitation for me to give her a 5 star service. I will definitely come back to her again.”

Thanh Tú Chung, June 2017

Highly responsive

“I used PAX’s services to lodge my 485 graduate visa (Post Study Work Stream). Every time I had questions, I emailed PAX and they were highly responsive and replied very quickly. My graduate visa was granted by DOHA and I am really happy about it. Overall, I am highly satisfied with their services and for you reading this review, I would highly recommend using their services, you won’t be disappointed.”

Rizki Bogra, April 2023

Next steps

Fill in the below form to book a personalised, one-on-one consultation with one of our expert student visa immigration lawyers. We can meet online or in person at our Sydney or Adelaide offices.

The personalised consultation costs $330 (this includes GST) and we’ll credit this fee against the overall price for the visa process. During the hour-long consultation, you’ll receive a genuine analysis of your case and personalised advice to help you understand your strategy, risks, timelines, costs, and pros and cons of different options.

Together, we’ll work to achieve your immigration goals and secure your future in Australia.

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