Part 3—Requirements for public interest criterion 4019
3.1 Values statement
Statement
(1) For public interest criterion 4019, the Minister must, by instrument in writing, approve one or more values statements for the subclasses of visas specified in the instrument.
(2) A values statement must include provisions relating to:
(a) values that are important to Australian society; and
(b) matters concerning Australian citizenship (if relevant); and
(c) compliance with the laws of Australia.
(3) A values statement may include other provisions.
Signing values statement—Internet application
(4) For public interest criterion 4019, a values statement is taken to have been signed by an applicant who makes an Internet application if the instructions for signing the values statement are followed.
Part 4—Requirements for public interest criterion 4022
4.1 Code of behaviour
For public interest criterion 4022, the Minister must, by instrument in writing, approve one or more written codes of behaviour for the subclasses of visas specified in the instrument.
Schedule 5—Special return criteria
(regulation 1.03)
5001 The applicant is not:
(a) a person who left Australia while the subject of a deportation order under:
(i) section 200 of the Act; or
(ii) section 55, 56 or 57 of the Act as in force on and after 19 December 1989 but before 1 September 1994; or
(iii) section 12, 13 or 14 of the Act as in force before 19 December 1989; or
(b) a person whose visa has been cancelled under section 501 of the Act, as in force before 1 June 1999, wholly or partly because the Minister, having regard to the person’s past criminal conduct, was satisfied that the person is not of good character; or
(c) a person whose visa has been cancelled under section 501, 501A or 501B of the Act, wholly or partly because of paragraph 501(6)(a), subparagraph 501(6)(c)(i) or subparagraphs 501(6)(c)(i) and (ii) of the Act, if the cancellation has not been revoked under subsection 501C(4)of the Act.
5002 If the applicant is a person who has been removed from Australia under section 198, 199 or 205 of the Act:
(a) the application is made more than 12 months after the removal; or
(b) the Minister is satisfied that, in the particular case:
(i) compelling circumstances that affect the interests of Australia; or
(ii) compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen;
justify the granting of the visa within 12 months after the removal.
5010 (1) If:
(a) the applicant is the holder of an AusAID student visa; or
(b) the applicant is the holder of a Subclass 560, 562, 563, 570, 571, 572, 573, 574 or 575 visa granted to the applicant who is provided financial support by the government of a foreign country;
the applicant meets the requirements of subclause (3), (4) or (5).
(2) If:
(a) the applicant is not the holder of an AusAID student visa and has in the past held an AusAID student visa; or
(b) both:
(i) paragraph (a) does not apply to the applicant, and the applicant is not the holder of a substantive visa; and
(ii) the last substantive visa held by the applicant was a Subclass 560, 562, 563, 570, 571, 572, 573, 574 or 575 visa granted to the applicant who was provided financial support by the government of a foreign country;
the applicant meets the requirements of subclause (3), (4) or (5).
(3) The applicant meets the requirements of this subclause if the course of study or training to which:
(a) the visa mentioned in paragraph (1)(a) or (b) relates; or
(b) if paragraph (2)(a) applies—the AusAID student visa most recently held by the applicant related; or
(c) if paragraph (2)(b) applies—the last substantive visa held by the applicant related;
(whether or not the applicant has ceased the course) is one designed to be undertaken over a period of less than 12 months.
(4) The applicant meets the requirements of this subclause if the applicant:
(a) has ceased:
(i) the course of study or training to which:
(A) the visa mentioned in paragraph (1)(a) or (b) relates; or
(B) if paragraph (2)(a) applies—the AusAID student visa most recently held by the applicant related; or
(C) if paragraph (2)(b) applies—the last substantive visa held by the applicant related; or
(ii) another course approved by the AusAID Minister or the government of the foreign country that provided financial support to the applicant, as the case requires, in substitution for that course; and
(b) has spent at least 2 years outside Australia since ceasing the course.
(5) The applicant meets the requirements of this subclause if:
(a) the applicant has the support of the AusAID Minister or the government of the foreign country that provided financial support to the applicant, as the case requires, for the grant of the visa; or
(b) the Minister is satisfied that, in the particular case, waiving the requirement of paragraph (a) is justified by:
(i) compelling circumstances that affect the interests of Australia; or
(ii) compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.
(6) In this clause:
AusAID student visa has the same meaning as in regulation 1.04A.
cease has the same meaning as in regulation 1.04A.
Schedule 5A—Evidentiary requirements for student visas
(regulation 1.44)
Part 1—Preliminary
5A101 Definitions
In this Schedule:
AASES (Acceptance Advice of Secondary Exchange Student), for a secondary exchange student, has the meaning given by clause 5A107.
acceptable non‑profit organisation means an organisation that:
(a) operates on a non‑profit basis; and
(b) is actively and lawfully operating in Australia or overseas; and
(c) has funds that are, or an income that is, sufficient to provide the financial support that it proposes to provide.
course fees, for an applicant in relation to a period, means the fees for each course proposed to be undertaken by the applicant in the period, as indicated by the proposed education providers in a letter or other document.
family applicant, for an applicant, means a member of the applicant’s family unit who is a visa applicant seeking to satisfy secondary criteria in relation to the applicant.
financial institution means a body corporate that, as part of its normal activities:
(a) takes money on deposit and makes advances of money; and
(b) does so under a regulatory regime, governed by the central bank (or its equivalent) of the country in which it operates, that the Minister is satisfied provides effective prudential assurance.
first 12 months, for an applicant, means the period that:
(a) begins:
(i) if the application is made outside Australia—on the day of the applicant’s expected arrival in Australia; or
(ii) if the application is made in Australia—on the day that the student visa is expected to be granted to the applicant; and
(b) ends on the earlier of the following:
(i) the day 12 months after the beginning of the period;
(ii) the last day of the applicant’s proposed stay in Australia.
first 18 months, for an applicant, means the period that:
(a) begins:
(i) if the application is made outside Australia—on the day of the applicant’s expected arrival in Australia; or
(ii) if the application is made in Australia—on the day that the student visa is expected to be granted to the applicant; and
(b) ends on the earlier of the following:
(i) the day 18 months after the beginning of the period;
(ii) the last day of the applicant’s proposed stay in Australia.
first 24 months, for an applicant, means the period that:
(a) begins:
(i) if the application is made outside Australia—on the day of the applicant’s expected arrival in Australia; or
(ii) if the application is made in Australia—on the day that the student visa is expected to be granted to the applicant; and
(b) ends on the earlier of the following:
(i) the day 24 months after the beginning of the period;
(ii) the last day of the applicant’s proposed stay in Australia.
foundation course means a registered course that is registered as foundation studies.
Note: Registered course is defined in regulation 1.03.
full period, for an applicant, means the period that:
(a) begins:
(i) if the application is made outside Australia—on the day of the applicant’s expected arrival in Australia; and
(ii) if the application is made in Australia—on the day that the student visa is expected to be granted to the applicant; and
(b) ends on the last day of the applicant’s proposed stay in Australia.
fully funded has the meaning given by clause 5A103.
initial period, for an applicant, means the period that:
(a) begins:
(i) if the application is made outside Australia—on the day of the applicant’s expected arrival in Australia; and
(ii) if the application is made in Australia—on the day that the student visa is expected to be granted to the applicant; and
(b) ends on the earlier of the following:
(i) the day 12 months after the expected commencement date of the applicant’s principal course;
(ii) the last day of the applicant’s proposed stay in Australia.
living costs has the meaning given by subclause 5A104(1).
money deposit means a money deposit with a financial institution.
school costs has the meaning given by subclause 5A104(2).
travel costs, for an applicant, means the sum of costs for each of the applicant and any family applicant:
(a) if the applicant or family applicant is not in Australia when the application is made—of travelling to Australia; and
(b) of returning to the applicant’s home country at the end of his or her stay.
5A102 Gazettal of alternatives to the IELTS test
The Minister may specify in a Gazette Notice:
(a) an English language proficiency test as an alternative to the IELTS test; and
(b) the foreign country or countries in which that test may be taken by an applicant; and
(c) the test score that must be achieved by the applicant for this clause.
5A103 Meaning of fully funded
(1) An applicant is fully funded if the applicant’s costs listed in subclause (2) will be met by one or more of the following:
(a) a multilateral agency;
(b) the government of a foreign country;
(c) the Commonwealth Government, or the government of a State or Territory.
(2) The costs for subclause (1) are the following costs for the applicant’s full period, assessed for the applicant alone:
(a) course fees;
(b) living costs;
(c) travel costs.
5A104 Meaning of living costs and school costs
(1) An applicant’s living costs for a period are taken to accrue at the sum of the rates set out in the following table:
| Item | Description of applicant | Rate |
| 1 | Applicant who is subject to assessment level 2, 3 or 4, and who is: (a) fully funded; or (b) the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, will be met by: (i) a provincial or state government in a foreign country, with the written support of the government of that country; or (ii) an organisation specified by the Minister in a Gazette Notice for this clause; or (c) the holder of an International Postgraduate Research Scholarship funded by the Commonwealth Government | (a) an amount specified by the Minister in an instrument in writing for this clause (the basic rate); and (b) if the applicant has a spouse or de facto partner who is a family applicant—35% of the basic rate; and (c) if the applicant has a dependent child who is a family applicant—20% of the basic rate; and (d) if the applicant has any further dependent children who are family applicants—15% of the basic rate for each such child |
| 2 | Applicant: (a) who is subject to assessment level 3 or 4; and (b) who is not funded, wholly or partly, by: (i) the Commonwealth Government, or the government of a State or Territory; or (ii) the government of a foreign country; or (iii) a multilateral agency; and (c) who proposes to undertake a course of study that is, or courses of study that are together, of a duration of less than 12 months; and | (a) an amount specified by the Minister in an instrument in writing for this clause (the basic rate); and (b) if the applicant has a spouse or de facto partner who is a family applicant—35% of the basic rate; and (c) if the applicant has a dependent child who is a family applicant—20% of the basic rate; and (d) if the applicant has any further dependent children who are family applicants—15% of the basic rate for each such child |
| | (d) for whom, if applying in Australia, the proposed period of stay will result in the applicant’s total period of lawful stay in Australia being less than 12 months | |
| 3 | Applicant who: (a) is subject to assessment level 2; and (b) has the support of the AusAID Minister or the Defence Minister | (a) an amount specified by the Minister in an instrument in writing for this clause (the basic rate); and (b) if the applicant has a spouse or de facto partner who is a family applicant—35% of the basic rate; and (c) if the applicant has a dependent child who is a family applicant—20% of the basic rate; and (d) if the applicant has any further dependent children who are family applicants—15% of the basic rate for each such child |
| 4 | Applicant to whom items 1, 2 and 3 do not apply | (a) an amount specified by the Minister in an instrument in writing for this clause (the basic rate); and (b) if the applicant has a spouse or de facto partner—35% of the basic rate; and (c) if the applicant has a dependent child—20% of the basic rate; and (d) if the applicant has any further dependent children—15% of the basic rate for each such child |
(2) An applicant’s school costs are taken to accrue at the sum of the rates set out in the following table:
| Item | Description of applicant | Rate |
| 1 | Applicant who is subject to assessment level 2, 3 or 4, and who is: (a) fully funded; or (b) the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, will be met by: (i) a provincial or state government in a foreign country, with the written support of the government of that country; or (ii) an organisation specified by the Minister in a Gazette Notice for this clause; or (c) the holder of an International Postgraduate Research Scholarship funded by the Commonwealth Government | $8 000 per year for each child who is: (a) a school‑age dependant at the time; and (b) a family applicant |
| 2 | Applicant: (a) who is subject to assessment level 3 or 4; and (b) who is not funded, wholly or partly, by: (i) the Commonwealth Government, or the government of a State or Territory; or (ii) the government of a foreign country; or (iii) a multilateral agency; and (c) who proposes to undertake a course of study that is, or courses of study that are together, of a duration of less than 12 months; and | $8 000 per year for each child who is: (a) a school‑age dependant at the time; and (b) a family applicant |
| | (d) for whom, if applying in Australia, the proposed period of stay will result in the applicant’s total period of lawful stay in Australia being less than 12 months | |
| 3 | Applicant who: (a) is subject to assessment level 2; and (b) has the support of the AusAID Minister or the Defence Minister | $8 000 per year for each child who is: (a) a school‑age dependant at the time; and (b) a family applicant |
| 4 | Applicant to whom items 1, 2 and 3 do not apply | $8 000 per year for each child who is a school‑age dependant at the time (whether or not the child is a family applicant) |
5A106 Satisfying a proposed education provider about English language proficiency
A provision in this Schedule that requires an applicant to give evidence of a level of English language proficiency that satisfies his or her proposed education provider requires evidence that the education provider of each of the applicant’s proposed courses is satisfied that the applicant will, when the course begins, have an adequate level of English language proficiency, taking into account any ELICOS or other course that the applicant will undertake in Australia before the course concerned.
5A107 Secondary exchange student must give AASES
An applicant seeking to satisfy the primary criteria in Subclass 571 (Schools Sector) who is a secondary exchange student must give the declarations made by:
(a) the applicant’s exchange organisation, accepting the student; and
(b) the applicant’s parents, or the person or persons having custody of the applicant, agreeing to the exchange;
on an Acceptance Advice of Secondary Exchange Student form from the relevant State or Territory education authority (the AASES for the applicant).
Note: For the definition of custody, see regulation 1.03.
5A108 Applicant must show enrolment or offer of place
(1) If the applicant is not a secondary exchange student, or is not seeking to satisfy primary criteria in Subclass 576 (AusAID or Defence Sector), or did not make his or her application using form 157E, the applicant must give, for each course proposed to be undertaken under the visa:
(a) a certificate of enrolment; or
(b) evidence that the applicant has been offered a place in the course.
(2) Subclause (1) does not apply to an applicant seeking to satisfy primary criteria in Subclass 574 (Postgraduate Research Sector) if:
(a) his or her application was made in Australia; and
(b) at the time of the application, the applicant was the holder of a Subclass 560, 562 or 574 visa; and
(c) in connection with a course of study or with a matter arising from the course, the relevant educational institution requires the applicant to remain in Australia during the marking of a postgraduate thesis.
5A109 Requirement to give declaration
In this Schedule, if:
(a) an applicant is required to give a declaration for any purpose; and
(b) the applicant is less than 18 years of age—
the requirement to give the declaration is to be read as a requirement for a parent of the applicant, or a person having custody of the applicant, to give the declaration on the applicant’s behalf.
Part 2—Subclass 570 (Independent ELICOS Sector)
Division 1—Requirements for assessment level 5
5A201 English language proficiency
The applicant must have a level of English language proficiency that satisfies his or her proposed education provider.
5A202 Financial capacity
The applicant must give evidence that:
(a) the applicant has funds that are sufficient to meet the following expenses for the full period:
(i) course fees;
(ii) living costs;
(iii) school costs; and
(b) the applicant has funds that are sufficient to meet travel costs; and
(c) the funds have been held by the applicant in money deposits for at least the 5 years immediately before the date of the application (the accumulation day); and
(d) the applicant’s income before the accumulation day was sufficient to accumulate the funds.
5A203 Other requirements
The applicant must give evidence that:
(a) the ELICOS that he or she is to undertake will be of no more than 40 weeks duration; and
(b) the applicant has the educational qualifications required by his or her education provider; and
(c) satisfies the Minister that the applicant needs English language tuition:
(i) to obtain employment; or
(ii) to improve his or her prospects of promotion or of obtaining other employment; or
(iii) to perform the functions of his or her current position.
Division 2—Requirements for assessment level 4
5A204 English language proficiency
The applicant must have a level of English language proficiency that satisfies his or her proposed education provider.
5A205 Financial capacity
(1) The applicant must give, in accordance with this clause:
(a) evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the first 24 months:
(i) course fees;
(ii) living costs;
(iii) school costs; and
(aa) a declaration by the applicant stating that he or she has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the first 24 months; and
(b) evidence that the applicant has funds from an acceptable source that are sufficient to meet travel costs; and
(c) evidence that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.
(1A) If the applicant is:
(a) fully funded; or
(b) an applicant:
(i) who is not funded, wholly or partly, by:
(A) the Commonwealth Government, or the government of a State or Territory; or
(B) the government of a foreign country; or
(C) a multilateral agency; and
(ii) who proposes to undertake a course of study that is, or courses of study that are together, of a duration of less than 12 months; and
(iii) for whom, if applying in Australia, the proposed period of stay will result in the applicant’s total period of lawful stay in Australia being less than 12 months; or
(c) the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, will be met by:
(i) a provincial or state government in a foreign country, with the written support of the government of that country; or
(ii) an organisation specified by the Minister in a Gazette Notice for this paragraph;
the applicant must give evidence that the applicant has access to funds that are sufficient to support each member of the applicant’s family unit who is not a family applicant.
(2) In this clause:
acceptable individual means one or more of the following:
(a) the applicant;
(b) the applicant’s spouse or de facto partner;
(c) the applicant’s parents;
(d) the applicant’s grandparents;
(e) the applicant’s brothers and sisters;
(f) an uncle or aunt of the applicant who is:
(i) an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and
(ii) usually resident in Australia.
financial support, from an applicant’s proposed education provider, means:
(a) a scholarship that:
(i) is awarded on the basis of merit and an open selection process; and
(ii) is awarded to a student who is enrolled in a course leading to a Certificate IV qualification or a higher qualification; and
(iii) is awarded to the greater of:
(A) not more than 10% of overseas students in a course intake; and
(B) not more than 3 overseas students in a course intake; or
(b) a waiver of the applicant’s course fees carried out in the following circumstances:
(i) the applicant is part of an exchange program that involves:
(A) a formal agreement between an education provider and an education institution in a foreign country; and
(B) the reciprocal waiver of course fees as part of that agreement;
(ii) the applicant proposes to study full‑time;
(iii) the applicant’s proposed studies will be credited to a course undertaken by the applicant in the applicant’s home country.
funds from an acceptable source means one or more of the following:
(a) a money deposit that an acceptable individual has held for at least the 3 months immediately before the date of the application;
(b) financial support from:
(i) the government of a foreign country; or
(ii) the Commonwealth Government, or the government of a State or Territory; or
(iii) a multilateral agency; or
(iv) the applicant’s proposed education provider; or
(v) a provincial or state government in a foreign country, provided with the written support of the government of that country; or
(vi) an organisation specified by the Minister in an instrument in writing for this subparagraph; or
(vii) an acceptable non‑profit organisation;
(c) a loan from a financial institution that is made to, and held in the name of, an acceptable individual;
(d) a loan from the government of the applicant’s home country.
5A206 Other requirements
The applicant must give evidence:
(a) that the ELICOS that he or she is to undertake will be of no more than 40 weeks duration; and
(b) that the applicant has the educational qualifications required by his or her education provider.
Division 3—Requirements for assessment level 3
5A207 English language proficiency
The applicant must give evidence that he or she has a level of English language proficiency that satisfies his or her proposed education provider.
5A208 Financial capacity
(1) The applicant must give, in accordance with this clause:
(a) evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the first 18 months:
(i) course fees;
(ii) living costs;
(iii) school costs; and
(aa) a declaration by the applicant stating that he or she has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the first 18 months; and
(b) evidence that the applicant has funds from an acceptable source that are sufficient to meet travel costs; and
(c) evidence that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.
(1A) If the applicant is:
(a) fully funded; or
(b) an applicant:
(i) who is not funded, wholly or partly, by:
(A) the Commonwealth Government, or the government of a State or Territory; or
(B) the government of a foreign country; or
(C) a multilateral agency; and
(ii) who proposes to undertake a course of study that is, or courses of study that are together, of a duration of less than 12 months; and
(iii) for whom, if applying in Australia, the proposed period of stay will result in the applicant’s total period of lawful stay in Australia being less than 12 months; or
(c) the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, will be met by:
(i) a provincial or state government in a foreign country, with the written support of the government of that country; or
(ii) an organisation specified by the Minister in a Gazette Notice for this paragraph;
the applicant must give evidence that the applicant has access to funds that are sufficient to support each member of the applicant’s family unit who is not a family applicant.
(2) In this clause:
financial support, from an applicant’s proposed education provider, means:
(a) a scholarship that:
(i) is awarded on the basis of merit and an open selection process; and
(ii) is awarded to a student who is enrolled in a course leading to a Certificate IV qualification or a higher qualification; and
(iii) is awarded to the greater of:
(A) not more than 10% of overseas students in a course intake; and
(B) not more than 3 overseas students in a course intake; or
(b) a waiver of the applicant’s course fees carried out in the following circumstances:
(i) the applicant is part of an exchange program that involves:
(A) a formal agreement between an education provider and an education institution in a foreign country; and
(B) the reciprocal waiver of course fees as part of that agreement;
(ii) the applicant proposes to study full‑time;
(iii) the applicant’s proposed studies will be credited to a course undertaken by the applicant in the applicant’s home country.
funds from an acceptable source means one or more of the following:
(a) a money deposit that the applicant, or an individual who is providing support to the applicant, has held for at least the 3 months immediately before the date of the application;
(b) a loan from a financial institution made to, and held in the name of, the applicant or an individual who is providing support to the applicant;
(c) a loan from the government of the applicant’s home country;
(d) financial support from:
(i) the Commonwealth Government, or the government of a State or Territory; or
(ii) the government of a foreign country; or
(iii) a corporation that:
(A) conducts commercial activities outside the country in which it is based; and
(B) employs the applicant in a role in relation to which the applicant’s principal course is of direct relevance; or
(iv) a multilateral agency; or
(v) the applicant’s proposed education provider; or
(vi) a provincial or state government in a foreign country, provided with the written support of the government of that country; or
(vii) an organisation specified by the Minister in an instrument in writing for this subparagraph; or
(viii) an acceptable non‑profit organisation.
5A209 Other requirements
The applicant must give evidence:
(a) of his or her previous schooling, training or other study; and
(b) that the ELICOS that he or she is to undertake will be of no more than 50 weeks duration.
Division 4—Requirements for assessment level 2
5A210 English language proficiency
The applicant must give evidence that he or she has a level of English language proficiency that satisfies his or her proposed education provider.
5A211 Financial capacity
(1) The applicant must give, in accordance with this clause:
(a) evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the first 12 months:
(i) course fees;
(ii) living costs;
(iii) school costs; and
(b) evidence that the applicant has funds from an acceptable source that are sufficient to meet travel costs; and
(c) a declaration by the applicant stating that he or she has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the first 12 months.
(1A) If the applicant is:
(a) fully funded; or
(b) the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, will be met by:
(i) a provincial or state government in a foreign country, with the written support of the government of that country; or
(ii) an organisation specified by the Minister in a Gazette Notice for this paragraph;
the applicant must give evidence that the applicant has access to funds that are sufficient to support each member of the applicant’s family unit who is not a family applicant.
(2) In this clause, funds from an acceptable source does not include the value of an item of property.
5A212 Other requirements
The applicant must give evidence that he or she has the educational qualifications required by his or her education provider.
Division 5—Requirements for assessment level 1
5A213 English language proficiency
The applicant must give evidence that he or she has a level of English language proficiency that satisfies his or her proposed education provider.
5A214 Financial capacity
The applicant must give a declaration stating that the applicant has access to funds that are sufficient to meet:
(a) the following expenses for the full period:
(i) course fees;
(ii) living costs;
(iii) school costs; and
(b) travel costs.
Part 3—Subclass 571 (Schools Sector)
Division 1—Requirements for assessment level 5
5A301 English language proficiency
(1) If the applicant is not a secondary exchange student, the applicant must give evidence that he or she achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 7.0.
(1A) An applicant who:
(a) is not a secondary exchange student; and
(b) will undertake an ELICOS (or other English language tuition) before commencing his or her principal course;
must give evidence that the ELICOS (or other English language tuition) will have a duration of no more than 50 weeks.
(2) If the applicant is a secondary exchange student, the applicant must give evidence that he or she has a level of English language proficiency that satisfies his or her proposed education provider.
5A302 Financial capacity
The applicant must give evidence that:
(a) the applicant has funds that are sufficient to meet the following expenses for the full period:
(i) course fees;
(ii) living costs;
(iii) school costs; and
(b) the applicant has a further amount specified by the Minister in an instrument in writing for this paragraph; and
(c) the applicant has funds that are sufficient to meet the following expenses for the period of 12 months following the full period:
(i) living costs;
(ii) school costs; and
(d) the applicant has funds that are sufficient to meet travel costs; and
(e) the funds (including the amount mentioned in paragraph (b)) have been held by the applicant in money deposits for at least the 5 years immediately before the date of the application (the accumulation day); and
(f) the applicant’s income before the accumulation day was sufficient to accumulate the funds.
5A303 Other requirements
(1) If the applicant is not a secondary exchange student, the applicant must give evidence that:
(a) he or she is to undertake schooling in Australia at the secondary level for at least 2 years; and
(b) he or she has successfully completed secondary schooling to at least the year 9 level (or its equivalent); and
(c) the principal course will assist the applicant, in the applicant’s home country:
(i) to obtain employment; or
(ii) to improve his or her prospects of promotion or of obtaining other employment; or
(iii) to perform the functions of his or her current position; and
(d) he or she was, or will be:
(i) if proposing to undertake year 9 studies—less than 17 years old when commencing Year 9; and
(ii) if proposing to undertake year 10 studies—less than 18 years old when commencing Year 10; and
(iii) if proposing to undertake year 11 studies—less than 19 years old when commencing Year 11; and
(iv) if proposing to undertake year 12 studies—less than 20 years old when commencing Year 12.
(2) The applicant must not undertake studies at the year 8 level or lower unless he or she is a secondary exchange student.
Division 2—Requirements for assessment level 4
5A304 English language proficiency
(1) The applicant must give evidence that he or she has a level of English language proficiency that satisfies his or her proposed education provider.
(2) An applicant who:
(a) is not a secondary exchange student; and
(b) will undertake an ELICOS (or other English language tuition) before commencing his or her principal course;
must give evidence that the ELICOS (or other English language tuition) will have a duration of no more than 50 weeks.
5A305 Financial capacity
(1) If the applicant is not a secondary exchange student, the applicant must give evidence, in accordance with this clause, that:
(a) the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the first 24 months:
(i) course fees;
(ii) living costs;
(iii) school costs; and
(b) a declaration by the applicant stating that he or she has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the first 24 months; and
(d) the applicant has funds from an acceptable source that are sufficient to meet travel costs; and
(e) the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.
(1A) If the applicant is:
(a) fully funded; or
(b) an applicant:
(i) who is not funded, wholly or partly, by:
(A) the Commonwealth Government, or the government of a State or Territory; or
(B) the government of a foreign country; or
(C) a multilateral agency; and
(ii) who proposes to undertake a course of study that is, or courses of study that are together, of a duration of less than 12 months; and
(iii) for whom, if applying in Australia, the proposed period of stay will result in the applicant’s total period of lawful stay in Australia being less than 12 months; or
(c) the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, will be met by:
(i) a provincial or state government in a foreign country, with the written support of the government of that country; or
(ii) an organisation specified by the Minister in a Gazette Notice for this paragraph;
the applicant must give evidence that the applicant has access to funds that are sufficient to support each member of the applicant’s family unit who is not a family applicant.
(2) In this clause:
acceptable individual means one or more of the following:
(a) the applicant;
(b) the applicant’s spouse or de facto partner;
(c) the applicant’s parents;
(d) the applicant’s grandparents;
(e) the applicant’s brothers and sisters;
(f) an uncle or aunt of the applicant who is:
(i) an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and
(ii) usually resident in Australia.
funds from an acceptable source means one or more of the following:
(a) if the applicant:
(i) has successfully completed at least 75% of the requirements for his or her principal course; and
(ii) has applied for the visa in order to complete the course; and
(iii) does not propose to undertake any further course;
a money deposit held by an acceptable individual;
(aa) if paragraph (a) does not apply—a money deposit that an acceptable individual has held for at least the 3 months immediately before the date of the application;
(b) a loan from a financial institution made to, and held in the name of, an acceptable individual;
(c) a loan from the government of the applicant’s home country;
(d) financial support (such as a scholarship) from:
(i) the applicant’s proposed education provider; or
(ii) the Commonwealth Government, or the government of a State or Territory; or
(iii) the government of a foreign country; or
(iv) a multilateral agency; or
(v) a provincial or state government in a foreign country, provided with the written support of the government of that country; or
(vi) an organisation specified by the Minister in an instrument in writing for this subparagraph; or
(vii) an acceptable non‑profit organisation.
5A306 Other requirements
(1) If the applicant is not a secondary exchange student, the applicant:
(a) must give evidence that:
(i) either:
(A) the principal course will be of at least 16 months duration; or
(B) he or she has undertaken, outside Australia, a secondary course of at least 2 years duration with an Australian curriculum and conducted in English by an Australian provider and is recognised by the relevant State or Territory education authority as meeting the requirements for successful completion of those years; and
(ii) he or she has successfully completed secondary schooling to at least the Year 9 level (or its equivalent); and
(iii) he or she was, or will be:
(A) if proposing to undertake year 9 studies—less than 17 years old when commencing Year 9; and
(B) if proposing to undertake year 10 studies—less than 18 years old when commencing Year 10; and
(C) if proposing to undertake year 11 studies—less than 19 years old when commencing Year 11; and
(D) if proposing to undertake year 12 studies—less than 20 years old when commencing Year 12; or
(b) must:
(i) lodge his or her visa application in Australia, but not in immigration clearance; and
(ii) give evidence that he or she has successfully completed Year 11 secondary schooling in Australia; and
(iii) give evidence that he or she is enrolled in Year 12 in Australia.
(2) The applicant must not undertake studies at the year 8 level or lower unless he or she is a secondary exchange student.
Division 3—Requirements for assessment level 3
5A307 English language proficiency
(1) The applicant must give evidence that he or she has a level of English language proficiency that satisfies his or her proposed education provider.
(2) If the applicant:
(a) is not a secondary exchange student; and
(b) must undertake an ELICOS (or other English language bridging course) before commencing his or her principal course in order to satisfy the English language proficiency requirements of the education provider;
he or she must give evidence that the ELICOS (or other English language bridging course) will have a duration of no more than 50 weeks.
5A308 Financial capacity
(1) If the applicant is not a secondary exchange student, the applicant must give, in accordance with this clause, evidence that:
(a) the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the first 18 months:
(i) course fees;
(ii) living costs;
(iii) school costs; and
(aa) a declaration by the applicant stating that he or she has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the first 18 months; and
(b) the applicant has funds from an acceptable source that are sufficient to meet travel costs; and
(c) the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.
(1A) If the applicant is:
(a) fully funded; or
(b) an applicant:
(i) who is not funded, wholly or partly, by:
(A) the Commonwealth Government, or the government of a State or Territory; or
(B) the government of a foreign country; or
(C) a multilateral agency; and
(ii) who proposes to undertake a course of study that is, or courses of study that are together, of a duration of less than 12 months; and
(iii) for whom, if applying in Australia, the proposed period of stay will result in the applicant’s total period of lawful stay in Australia being less than 12 months; or
(c) the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, will be met by:
(i) a provincial or state government in a foreign country, with the written support of the government of that country; or
(ii) an organisation specified by the Minister in a Gazette Notice for this paragraph;
the applicant must give evidence that the applicant has access to funds that are sufficient to support each member of the applicant’s family unit who is not a family applicant.
(2) In this clause, funds from an acceptable source means one or more of the following:
(a) if the applicant:
(i) has successfully completed at least 75% of the requirements for his or her principal course; and
(ii) has applied for the visa in order to complete the course; and
(iii) does not propose to undertake any further course;
a money deposit held by the applicant or a person providing support to the applicant;
(aa) if paragraph (a) does not apply—a money deposit that the applicant, or a person providing support to the applicant, has held for at least the 3 months immediately before the date of the application;
(b) a loan from a financial institution made to, and held in the name of, the applicant or an individual who is providing support to the applicant;
(c) a loan from the government of the applicant’s home country;
(d) financial support (such as a scholarship) from:
(i) the applicant’s proposed education provider; or
(ii) the Commonwealth Government, or the government of a State or Territory; or
(iii) the government of a foreign country; or
(iv) a corporation that:
(A) conducts commercial activities outside the country in which it is based; and
(B) employs the applicant in a role in relation to which the applicant’s principal course is of direct relevance; or
(v) a multilateral agency; or
(vi) a provincial or state government in a foreign country, provided with the written support of the government of that country; or
(vii) an organisation specified by the Minister in an instrument in writing for this subparagraph; or
(viii) an acceptable non‑profit organisation.
5A309 Other requirements
If the applicant is not a secondary exchange student, the applicant:
(a) must give evidence that:
(i) either:
(A) the principal course will be of at least 16 months duration; or
(B) he or she has undertaken, outside Australia, a secondary course of at least 2 years duration with an Australian curriculum and conducted in English by an Australian provider and is recognised by the relevant State or Territory education authority as meeting the requirements for successful completion of those years; and
(ii) he or she has successfully completed schooling to at least the Year 6 level (or its equivalent); and
(iii) he or she was, or will be:
(A) if proposing to undertake year 9 studies—less than 17 years old when commencing Year 9; and
(B) if proposing to undertake year 10 studies—less than 18 years old when commencing Year 10; and
(C) if proposing to undertake year 11 studies—less than 19 years old when commencing Year 11; and
(D) if proposing to undertake year 12 studies—less than 20 years old when commencing Year 12; or
(b) must:
(i) lodge his or her visa application in Australia, but not in immigration clearance; and
(ii) give evidence that he or she has successfully completed Year 11 secondary schooling in Australia; and
(iii) give evidence that he or she is enrolled in Year 12 in Australia.
Division 4—Requirements for assessment level 2
5A310 English language proficiency
The applicant must give evidence that he or she has a level of English language proficiency that satisfies his or her proposed education provider.
5A311 Financial capacity
(1) If the applicant is not a secondary exchange student, the applicant must give, in accordance with this clause:
(a) evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the first 12 months:
(i) course fees;
(ii) living costs;
(iii) school costs; and
(b) evidence that the applicant has funds from an acceptable source that are sufficient to meet travel costs; and
(c) a declaration by the applicant stating that he or she has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the first 12 months.
(1A) If the applicant is:
(a) fully funded; or
(b) the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, will be met by:
(i) a provincial or state government in a foreign country, with the written support of the government of that country; or
(ii) an organisation specified by the Minister in a Gazette Notice for this paragraph;
the applicant must give evidence that the applicant has access to funds that are sufficient to support each member of the applicant’s family unit who is not a family applicant.
(2) In this clause, funds from an acceptable source does not include the value of an item of property.
5A312 Other requirements
If the applicant is not a secondary exchange student, the applicant must:
(a) give evidence that, at the time of making the application, he or she was at least 6 years old; and
(b) give evidence that he or she has the educational qualifications required by his or her education provider.
Division 5—Requirements for assessment level 1
5A313 English language proficiency
The applicant must give evidence that he or she has a level of English language proficiency that satisfies his or her proposed education provider.
5A314 Financial capacity
The applicant must give a declaration stating that the applicant has access to funds that are sufficient to meet:
(a) the following expenses for the full period:
(i) course fees;
(ii) living costs;
(iii) school costs; and
(b) travel costs.
5A315 Other requirements
If the applicant is not a secondary exchange student, the applicant must:
(a) give evidence that, at the time of making the application, he or she was at least 6 years old; and
(b) give evidence that he or she has the educational qualifications required by his or her education provider.
Part 4—Subclass 572 (Vocational Education and Training Sector)
Division 1—Requirements for assessment level 5
5A401 English language proficiency
The applicant must give evidence that the applicant achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 7.0.
5A402 Financial capacity
The applicant must give evidence that:
(a) the applicant has funds that are sufficient to meet the following expenses for the full period:
(i) course fees;
(ii) living costs;
(iii) school costs; and
(b) the applicant has funds that are sufficient to meet travel costs; and
(c) the funds have been held by the applicant in money deposits for at least the 5 years immediately before the date of the application (the accumulation day); and
(d) the applicant’s income before the accumulation day was sufficient to accumulate the funds.
5A403 Other requirements
(1) The applicant must give evidence:
(a) that he or she has successfully completed secondary schooling to the year 12 level (or its equivalent); and
(b) that:
(i) he or she is enrolled in a vocational education and training course; or
(ii) he or she is enrolled in a course that is a pre‑requisite to a vocational education and training course and a vocational education and training course; or
(iii) he or she is enrolled in a course that is a pre‑requisite to a vocational education and training course and has an offer of a place in a vocational education and training course; and
(c) that the applicant’s principal course will assist the applicant, in the applicant’s home country:
(i) to obtain employment; or
(ii) to improve his or her prospects of promotion or of obtaining other employment; or
(iii) to perform the functions of his or her current position.
(2) In this clause, vocational education and training course means a vocational education and training course that is at the diploma or advanced diploma level.
Division 2—Requirements for assessment level 4
5A404 English language proficiency
The applicant must give evidence that one of the following applies:
(a) the applicant:
(i) will not undertake an ELICOS before commencing his or her principal course; and
(ii) achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 5.5;
(b) the applicant:
(i) will undertake an ELICOS of no more than 20 weeks duration before commencing his or her principal course; and
(ii) achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 5.0;
(c) the applicant:
(i) is fully funded; and
(ii) has a level of English language proficiency that satisfies his or her proposed education provider; and
(iii) if the applicant is to undertake an ELICOS before commencing his or her principal course—will undertake an ELICOS of no more than 20 weeks duration;
(d) the applicant had, less than 2 years before the date of the application:
(i) successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that was conducted:
(A) in Australia; and
(B) in English; or
(ii) successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that:
(A) is specified by the Minister in an instrument in writing for this sub‑subparagraph; and
(B) was conducted outside Australia; and
(C) was conducted in English; or
(iii) as the holder of a student visa—successfully completed a substantial part of a course (other than a foundation course) that:
(A) was conducted in English; and
(B) was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or
(iv) successfully completed a substantial part of a course that:
(A) is specified by the Minister in an instrument in writing for this sub‑subparagraph; and
(B) was conducted outside Australia; and
(C) was conducted in English; and
(D) was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or
(v) successfully completed a foundation course that was conducted:
(A) in Australia; and
(B) in English; or
(vi) successfully completed a course in foundation studies that:
(A) is specified by the Minister in an instrument in writing for this sub‑subparagraph; and
(B) was conducted outside Australia; and
(C) was conducted in English;
(e) the applicant achieved, less than 2 years before the date of the application, the required score in a test that is specified in a Gazette Notice under clause 5A102;
(f) the applicant has:
(i) a level of English language proficiency that satisfies the applicant’s proposed education provider; and
(ii) at least 5 years of study in English undertaken in 1 or more of the following countries:
(A) Australia;
(B) Canada;
(C) New Zealand;
(D) South Africa;
(E) the Republic of Ireland;
(F) the United Kingdom;
(G) the United States of America.
5A405 Financial capacity
(1) The applicant must give, in accordance with this clause:
(a) evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the first 24 months:
(i) course fees;
(ii) living costs;
(iii) school costs; and
(aa) a declaration by the applicant stating that he or she has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the first 24 months; and
(b) evidence that the applicant has funds from an acceptable source that are sufficient to meet travel costs; and
(c) evidence that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.
(1A) If the applicant is:
(a) fully funded; or
(b) an applicant:
(i) who is not funded, wholly or partly, by:
(A) the Commonwealth Government, or the government of a State or Territory; or
(B) the government of a foreign country; or
(C) a multilateral agency; and
(ii) who proposes to undertake a course of study that is, or courses of study that are together, of a duration of less than 12 months; and
(iii) for whom, if applying in Australia, the proposed period of stay will result in the applicant’s total period of lawful stay in Australia being less than 12 months; or
(c) the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, will be met by:
(i) a provincial or state government in a foreign country, with the written support of the government of that country; or
(ii) an organisation specified by the Minister in a Gazette Notice for this paragraph;
the applicant must give evidence that the applicant has access to funds that are sufficient to support each member of the applicant’s family unit who is not a family applicant.
(2) In this clause:
acceptable individual means one or more of the following:
(a) the applicant;
(b) the applicant’s spouse or de facto partner;
(c) the applicant’s parents;
(d) the applicant’s grandparents;
(e) the applicant’s brothers and sisters;
(f) an uncle or aunt of the applicant who is:
(i) an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and
(ii) usually resident in Australia.
financial support, from an applicant’s proposed education provider, means:
(a) a scholarship that:
(i) is awarded on the basis of merit and an open selection process; and
(ii) is awarded to a student who is enrolled in a course leading to a Certificate IV qualification or a higher qualification; and
(iii) is awarded to the greater of:
(A) not more than 10% of overseas students in a course intake; and
(B) not more than 3 overseas students in a course intake; or
(b) a waiver of the applicant’s course fees carried out in the following circumstances:
(i) the applicant is part of an exchange program that involves:
(A) a formal agreement between an education provider and an education institution in a foreign country; and
(B) the reciprocal waiver of course fees as part of that agreement;
(ii) the applicant proposes to study full‑time;
(iii) the applicant’s proposed studies will be credited to a course undertaken by the applicant in the applicant’s home country.
funds from an acceptable source means one or more of the following:
(a) if the applicant:
(i) has successfully completed at least 75% of the requirements for his or her principal course; and
(ii) has applied for the visa in order to complete the course; and
(iii) does not propose to undertake any further course;
a money deposit held by an acceptable individual;
(aa) if paragraph (a) does not apply—a money deposit that an acceptable individual has held for at least the 3 months immediately before the date of the application;
(b) financial support from:
(i) the applicant’s proposed education provider; or
(ii) the Commonwealth Government, or the government of a State or Territory; or
(iii) the government of a foreign country; or
(iv) a corporation that:
(A) conducts commercial activities outside the country in which it is based; and
(B) employs the applicant in a role in relation to which the applicant’s principal course is of direct relevance; or
(v) a multilateral agency; or
(vi) a provincial or state government in a foreign country, provided with the written support of the government of that country; or
(vii) an organisation specified by the Minister in an instrument in writing for this subparagraph; or
(viii) an acceptable non‑profit organisation;
(c) a loan from a financial institution that is made to, and held in the name of, an acceptable individual;
(d) a loan from the government of the applicant’s home country.
5A406 Other requirements
(1) The applicant must give evidence:
(a) that he or she has successfully completed secondary schooling to the year 12 level (or its equivalent); and
(b) that:
(i) he or she is enrolled in a vocational education and training course; or
(ii) he or she is enrolled in a course that is a pre‑requisite to a vocational education and training course and a vocational education and training course; or
(iii) he or she is enrolled in a course that is a pre‑requisite to a vocational education and training course and has an offer of a place in a vocational education and training course.
(2) In this clause, vocational education and training course means a vocational education and training course that:
(a) leads to the award of a qualification from the Australian Qualification Framework at the diploma level; or
(b) leads to the award of a qualification from the Australian Qualification Framework at the advanced diploma level; or
(c) is a course of at least 1 year’s duration that leads to the award of a qualification from the Australian Qualification Framework at the Certificate IV level.
Division 3—Requirements for assessment level 3
5A407 English language proficiency
The applicant must give evidence that one of the following applies:
(a) the applicant:
(i) will not undertake an ELICOS before commencing his or her principal course; and
(ii) achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 5.5;
(b) the applicant:
(i) will undertake an ELICOS of no more than 30 weeks duration before commencing his or her principal course; and
(ii) achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 4.5;
(c) the applicant:
(i) is fully funded; and
(ii) has a level of English language proficiency that satisfies his or her proposed education provider; and
(iii) if the applicant is to undertake an ELICOS before commencing his or her principal course—will undertake an ELICOS of no more than 30 weeks duration;
(d) the applicant had, less than 2 years before the date of the application:
(i) successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that was conducted:
(A) in Australia; and
(B) in English; or
(ii) successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that:
(A) is specified by the Minister in an instrument in writing for this sub‑subparagraph; and
(B) was conducted outside Australia; and
(C) was conducted in English; or
(iii) as the holder of a student visa—successfully completed a substantial part of a course (other than a foundation course) that:
(A) was conducted in English; and
(B) was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or
(iv) successfully completed a substantial part of a course that:
(A) is specified by the Minister in an instrument in writing for this sub‑subparagraph; and
(B) was conducted outside Australia; and
(C) was conducted in English; and
(D) was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or
(v) successfully completed a foundation course that was conducted:
(A) in Australia; and
(B) in English; or
(vi) successfully completed a course in foundation studies that:
(A) is specified by the Minister in an instrument in writing for this sub‑subparagraph; and
(B) was conducted outside Australia; and
(C) was conducted in English;
(e) the applicant achieved, less than 2 years before the date of the application, the required score in a test that is specified in a Gazette Notice under clause 5A102;
(f) the applicant has:
(i) a level of English language proficiency that satisfies the applicant’s proposed education provider; and
(ii) at least 5 years of study in English undertaken in 1 or more of the following countries:
(A) Australia;
(B) Canada;
(C) New Zealand;
(D) South Africa;
(E) the Republic of Ireland;
(F) the United Kingdom;
(G) the United States of America.
5A408 Financial capacity
(1) The applicant must give, in accordance with this clause:
(a) evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the first 18 months:
(i) course fees;
(ii) living costs;
(iii) school costs; and
(aa) a declaration by the applicant stating that he or she has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the first 18 months; and
(b) evidence that the applicant has funds from an acceptable source that are sufficient to meet travel costs; and
(c) evidence that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.
(1A) If the applicant is:
(a) fully funded; or
(b) an applicant:
(i) who is not funded, wholly or partly, by:
(A) the Commonwealth Government, or the government of a State or Territory; or
(B) the government of a foreign country; or
(C) a multilateral agency; and
(ii) who proposes to undertake a course of study that is, or courses of study that are together, of a duration of less than 12 months; and
(iii) for whom, if applying in Australia, the proposed period of stay will result in the applicant’s total period of lawful stay in Australia being less than 12 months; or
(c) the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, will be met by:
(i) a provincial or state government in a foreign country, with the written support of the government of that country; or
(ii) an organisation specified by the Minister in a Gazette Notice for this paragraph;
the applicant must give evidence that the applicant has access to funds that are sufficient to support each member of the applicant’s family unit who is not a family applicant.
(2) In this clause:
financial support, from an applicant’s proposed education provider, means:
(a) a scholarship that:
(i) is awarded on the basis of merit and an open selection process; and
(ii) is awarded to a student who is enrolled in a course leading to a Certificate IV qualification or a higher qualification; and
(iii) is awarded to the greater of:
(A) not more than 10% of overseas students in a course intake; and
(B) not more than 3 overseas students in a course intake; or
(b) a waiver of the applicant’s course fees carried out in the following circumstances:
(i) the applicant is part of an exchange program that involves:
(A) a formal agreement between an education provider and an education institution in a foreign country; and
(B) the reciprocal waiver of course fees as part of that agreement;
(ii) the applicant proposes to study full‑time;
(iii) the applicant’s proposed studies will be credited to a course undertaken by the applicant in the applicant’s home country.
funds from an acceptable source means one or more of the following:
(a) if the applicant:
(i) has successfully completed at least 75% of the requirements for his or her principal course; and
(ii) has applied for the visa in order to complete the course; and
(iii) does not propose to undertake any further course;
a money deposit held by the applicant or an individual who is providing support to the applicant;
(aa) if paragraph (a) does not apply—a money deposit that the applicant, or an individual who is providing support to the applicant, has held for at least the 3 months immediately before the date of the application;
(b) a loan from a financial institution made to, and held in the name of, the applicant or an individual who is providing support to the applicant;
(c) a loan from the government of the applicant’s home country;
(d) financial support from:
(i) the applicant’s proposed education provider; or
(ii) the Commonwealth Government, or the government of a State or Territory; or
(iii) the government of a foreign country; or
(iv) a corporation that:
(A) conducts commercial activities outside the country in which it is based; and
(B) employs the applicant in a role in relation to which the applicant’s principal course is of direct relevance; or
(v) a multilateral agency; or
(vi) a provincial or state government in a foreign country, provided with the written support of the government of that country; or
(vii) an organisation specified by the Minister in an instrument in writing for this subparagraph; or
(viii) an acceptable non‑profit organisation.
5A409 Other requirements
The applicant must give evidence:
(a) that he or she has successfully completed secondary schooling to the year 11 level (or its equivalent); and
(b) that:
(i) he or she is enrolled in a vocational education and training course; or
(ii) he or she is enrolled in a course that is a pre‑requisite to a vocational education and training course and a vocational education and training course; or
(iii) he or she is enrolled in a course that is a pre‑requisite to a vocational education and training course and has an offer of a place in a vocational education and training course.
Division 4—Requirements for assessment level 2
5A410 English language proficiency
The applicant must give evidence that he or she has a level of English language proficiency that satisfies his or her proposed education provider.
5A411 Financial capacity
(1) The applicant must give, in accordance with this clause:
(a) evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the first 12 months:
(i) course fees;
(ii) living costs;
(iii) school costs; and
(b) evidence that the applicant has funds from an acceptable source that are sufficient to meet travel costs; and
(c) a declaration by the applicant stating that he or she has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the first 12 months.
(1A) If the applicant is:
(a) fully funded; or
(b) the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, will be met by:
(i) a provincial or state government in a foreign country, with the written support of the government of that country; or
(ii) an organisation specified by the Minister in a Gazette Notice for this paragraph;
the applicant must give evidence that the applicant has access to funds that are sufficient to support each member of the applicant’s family unit who is not a family applicant.
(2) In this clause, funds from an acceptable source does not include the value of an item of property.
Division 5—Requirements for assessment level 1
5A412 English language proficiency
The applicant must give evidence that he or she has a level of English language proficiency that satisfies his or her proposed education provider.
5A413 Financial capacity
The applicant must give a declaration stating that the applicant has access to funds that are sufficient to meet:
(a) the following expenses for the full period:
(i) course fees;
(ii) living costs;
(iii) school costs; and
(b) travel costs.
Part 5—Subclass 573 (Higher Education Sector)
Division 1—Requirements for assessment level 5
5A501 English language proficiency
The applicant must give evidence that the applicant achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 7.0.
5A502 Financial capacity
The applicant must give evidence that:
(a) the applicant has funds that are sufficient to meet the following expenses for the full period:
(i) course fees;
(ii) living costs;
(iii) school costs; and
(b) the applicant has funds that are sufficient to meet travel costs; and
(c) the funds have been held by the applicant in money deposits for at least the 5 years immediately before the date of the application (the accumulation day); and
(d) the applicant’s income before the accumulation day was sufficient to accumulate the funds.
5A503 Other requirements
The applicant must give evidence that:
(a) he or she has successfully completed secondary schooling to the year 12 level (or its equivalent); and
(b) the applicant’s principal course will assist the applicant, in the applicant’s home country:
(i) to obtain employment; or
(ii) to improve his or her prospects of promotion or of obtaining other employment; or
(iii) to perform the functions of his or her current position.
Division 2—Requirements for assessment level 4
5A504 English language proficiency
(1) The applicant must give evidence that one of the following applies:
(a) the applicant:
(i) will not undertake an ELICOS before commencing his or her principal course; and
(ii) achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 6.0 or the required score in an English language proficiency test that is specified in a Gazette Notice for clause 5A102;
(aa) the applicant:
(i) has achieved, in an IELTS test that was taken less than 2 years before the time of making the application, an Overall Band Score of at least 5.5 or the required score in an English language proficiency test that is specified in a Gazette Notice for clause 5A102; and
(ii) has a certificate of enrolment in a foundation course that is to be undertaken before commencing the applicant’s principal course;
(b) the applicant:
(i) will undertake an ELICOS of no more than 30 weeks duration before commencing his or her principal course; and
(ii) achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 5.0 or the required score in an English language proficiency test that is specified in a Gazette Notice for clause 5A102;
(c) the applicant:
(i) is fully funded; and
(ii) has a level of English language proficiency that satisfies his or her proposed education provider; and
(iii) if the applicant is to undertake an ELICOS before commencing his or her principal course—will undertake an ELICOS of no more than 30 weeks duration;
(d) the applicant had, less than 2 years before the date of the application:
(i) successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that was conducted:
(A) in Australia; and
(B) in English; or
(ii) successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that:
(A) is specified by the Minister in an instrument in writing for this sub‑subparagraph; and
(B) was conducted outside Australia; and
(C) was conducted in English; or
(iii) as the holder of a student visa—successfully completed a substantial part of a course (other than a foundation course) that:
(A) was conducted in English; and
(B) was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or
(iv) successfully completed a substantial part of a course that:
(A) is specified by the Minister in an instrument in writing for this sub‑subparagraph; and
(B) was conducted outside Australia; and
(C) was conducted in English; and
(D) was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or
(v) successfully completed a foundation course that was conducted:
(A) in Australia; and
(B) in English; or
(vi) successfully completed a course in foundation studies that:
(A) is specified by the Minister in an instrument in writing for this sub‑subparagraph; and
(B) was conducted outside Australia; and
(C) was conducted in English;
(e) the applicant has:
(i) a level of English language proficiency that satisfies the applicant’s proposed education provider; and
(ii) at least 5 years of study in English undertaken in 1 or more of the following countries:
(A) Australia;
(B) Canada;
(C) New Zealand;
(D) South Africa;
(E) the Republic of Ireland;
(F) the United Kingdom;
(G) the United States of America.
(2) For subclause (1), an applicant is not required to give evidence of English language proficiency if:
(a) the application was made outside Australia; and
(b) the applicant:
(i) provides a certificate of enrolment in a course that has been gazetted for subregulation 1.44(2) (the gazetted course); and
(ii) will not undertake any other course before commencing the gazetted course.
5A505 Financial capacity
(1) The applicant must give, in accordance with this clause:
(a) evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the first 24 months:
(i) course fees;
(ii) living costs;
(iii) school costs; and
(aa) a declaration by the applicant stating that he or she has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the first 24 months; and
(b) evidence that the applicant has funds from an acceptable source that are sufficient to meet travel costs; and
(c) evidence that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.
(1A) If the applicant is:
(a) fully funded; or
(b) an applicant:
(i) who is not funded, wholly or partly, by:
(A) the Commonwealth Government, or the government of a State or Territory; or
(B) the government of a foreign country; or
(C) a multilateral agency; and
(ii) who proposes to undertake a course of study that is, or courses of study that are together, of a duration of less than 12 months; and
(iii) for whom, if applying in Australia, the proposed period of stay will result in the applicant’s total period of lawful stay in Australia being less than 12 months; or
(c) the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, will be met by:
(i) a provincial or state government in a foreign country, with the written support of the government of that country; or
(ii) an organisation specified by the Minister in a Gazette Notice for this paragraph;
the applicant must give evidence that the applicant has access to funds that are sufficient to support each member of the applicant’s family unit who is not a family applicant.
(2) In this clause:
acceptable individual means one or more of the following:
(a) the applicant;
(b) the applicant’s spouse or de facto partner;
(c) the applicant’s parents;
(d) the applicant’s grandparents;
(e) the applicant’s brothers and sisters;
(f) an uncle or aunt of the applicant who is:
(i) an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and
(ii) usually resident in Australia.
financial support, from an applicant’s proposed education provider, means:
(a) a scholarship that:
(i) is awarded on the basis of merit and an open selection process; and
(ii) is awarded to a student who is enrolled in a course leading to a Certificate IV qualification or a higher qualification; and
(iii) is awarded to the greater of:
(A) not more than 10% of overseas students in a course intake; and
(B) not more than 3 overseas students in a course intake; or
(b) a waiver of the applicant’s course fees carried out in the following circumstances:
(i) the applicant is part of an exchange program that involves:
(A) a formal agreement between an education provider and an education institution in a foreign country; and
(B) the reciprocal waiver of course fees as part of that agreement;
(ii) the applicant proposes to study full‑time;
(iii) the applicant’s proposed studies will be credited to a course undertaken by the applicant in the applicant’s home country.
funds from an acceptable source means one or more of the following:
(a) if the applicant:
(i) has successfully completed at least 75% of the requirements for his or her principal course; and
(ii) has applied for the visa in order to complete the course; and
(iii) does not propose to undertake any further course;
a money deposit held by an acceptable individual;
(aa) if paragraph (a) does not apply—a money deposit that an acceptable individual has held for at least the 3 months immediately before the date of the application;
(b) a loan from a financial institution made to, and held in the name of, an acceptable individual;
(c) a loan from the government of the applicant’s home country;
(d) financial support from:
(i) the applicant’s proposed education provider; or
(ii) the Commonwealth Government, or the government of a State or Territory; or
(iii) the government of a foreign country; or
(iv) a corporation that:
(A) conducts commercial activities outside the country in which it is based; and
(B) employs the applicant in a role in relation to which the applicant’s principal course is of direct relevance; or
(v) a multilateral agency; or
(vi) a provincial or state government in a foreign country, provided with the written support of the government of that country; or
(vii) an organisation specified by the Minister in an instrument in writing for this subparagraph; or
(viii) an acceptable non‑profit organisation.
5A506 Other requirements
The applicant must give evidence that:
(a) he or she has successfully completed secondary schooling to the year 12 level (or its equivalent); or
(b) he or she:
(i) has successfully completed secondary schooling to the year 11 level (or its equivalent); and
(ii) has successfully completed in Australia a foundation course; or
(c) he or she:
(i) has successfully completed secondary schooling to the year 11 level (or its equivalent); and
(ii) has a certificate of enrolment in a foundation course that is to be undertaken in Australia before commencing the applicant’s principal course; or
(d) he or she:
(i) has successfully completed secondary schooling to the year 11 level (or its equivalent); and
(ii) has successfully completed a course in foundation studies that:
(A) is specified by the Minister in an instrument in writing for this sub‑subparagraph; and
(B) was conducted outside Australia; or
(e) he or she has successfully completed a qualification from the Australian Qualifications Framework at the Certificate IV level or higher in a course that was conducted in Australia; or
(f) he or she has a certificate of enrolment in a course that:
(i) leads to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; and
(ii) is to be undertaken in Australia before commencing the applicant’s principal course; or
(g) he or she has successfully completed a qualification from the Australian Qualifications Framework at the Certificate IV level or higher in a course that:
(i) is specified by the Minister in an instrument in writing for this subparagraph; and
(ii) was conducted outside Australia.
Division 3—Requirements for assessment level 3
5A507 English language proficiency
(1) The applicant must give evidence that one of the following applies:
(a) the applicant:
(i) will not undertake an ELICOS before commencing his or her principal course; and
(ii) achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 6.0 or the required score in an English language proficiency test that is specified in a Gazette Notice for clause 5A102;
(aa) the applicant has:
(i) achieved, in an IELTS test that was taken less than 2 years before the time of making the application, an Overall Band Score of at least 5.5 or the required score in an English language proficiency test that is specified in a Gazette Notice for clause 5A102; and
(ii) enrolled in a foundation course before commencing the applicant’s principal course;
(b) the applicant:
(i) will undertake an ELICOS of no more than 30 weeks duration before commencing his or her principal course; and
(ii) achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 5.0 or the required score in an English language proficiency test that is specified in a Gazette Notice for clause 5A102;
(c) the applicant:
(i) is fully funded; and
(ii) has a level of English language proficiency that satisfies his or her proposed education provider; and
(iii) if the applicant is to undertake an ELICOS before commencing his or her principal course—will undertake an ELICOS of no more than 30 weeks duration;
(d) the applicant had, less than 2 years before the date of the application:
(i) successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that was conducted:
(A) in Australia; and
(B) in English; or
(ii) successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that:
(A) is specified by the Minister in an instrument in writing for this sub‑subparagraph; and
(B) was conducted outside Australia; and
(C) was conducted in English; or
(iii) as the holder of a student visa—successfully completed a substantial part of a course (other than a foundation course) that:
(A) was conducted in English; and
(B) was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or
(iv) successfully completed a substantial part of a course that:
(A) is specified by the Minister in an instrument in writing for this sub‑subparagraph; and
(B) was conducted outside Australia; and
(C) was conducted in English; and
(D) was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or
(v) successfully completed a foundation course that was conducted:
(A) in Australia; and
(B) in English; or
(vi) successfully completed a course in foundation studies that:
(A) is specified by the Minister in an instrument in writing for this sub‑subparagraph; and
(B) was conducted outside Australia; and
(C) was conducted in English;
(e) the applicant has:
(i) a level of English language proficiency that satisfies the applicant’s proposed education provider; and
(ii) at least 5 years of study in English undertaken in 1 or more of the following countries:
(A) Australia;
(B) Canada;
(C) New Zealand;
(D) South Africa;
(E) the Republic of Ireland;
(F) the United Kingdom;
(G) the United States of America.
(2) For subclause (1), an applicant is not required to give evidence of English language proficiency if:
(a) the application was made outside Australia; and
(b) the applicant:
(i) provides a certificate of enrolment in a course that has been gazetted for subregulation 1.44(2) (the gazetted course); and
(ii) will not undertake any other course before commencing the gazetted course.
5A508 Financial capacity
(1) The applicant must give, in accordance with this clause:
(a) evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the first 18 months:
(i) course fees;
(ii) living costs;
(iii) school costs; and
(aa) a declaration by the applicant stating that he or she has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the first 18 months; and
(b) evidence that the applicant has funds from an acceptable source that are sufficient to meet travel costs; and
(c) evidence that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.
(1A) If the applicant is:
(a) fully funded; or
(b) an applicant:
(i) who is not funded, wholly or partly, by:
(A) the Commonwealth Government, or the government of a State or Territory; or
(B) the government of a foreign country; or
(C) a multilateral agency; and
(ii) who proposes to undertake a course of study that is, or courses of study that are together, of a duration of less than 12 months; and
(iii) for whom, if applying in Australia, the proposed period of stay will result in the applicant’s total period of lawful stay in Australia being less than 12 months; or
(c) the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, will be met by:
(i) a provincial or state government in a foreign country, with the written support of the government of that country; or
(ii) an organisation specified by the Minister in a Gazette Notice for this paragraph;
the applicant must give evidence that the applicant has access to funds that are sufficient to support each member of the applicant’s family unit who is not a family applicant.
(2) In this clause:
financial support, from an applicant’s proposed education provider, means:
(a) a scholarship that:
(i) is awarded on the basis of merit and an open selection process; and
(ii) is awarded to a student who is enrolled in a course leading to a Certificate IV qualification or a higher qualification; and
(iii) is awarded to the greater of:
(A) not more than 10% of overseas students in a course intake; and
(B) not more than 3 overseas students in a course intake; or
(b) a waiver of the applicant’s course fees carried out in the following circumstances:
(i) the applicant is part of an exchange program that involves:
(A) a formal agreement between an education provider and an education institution in a foreign country; and
(B) the reciprocal waiver of course fees as part of that agreement;
(ii) the applicant proposes to study full‑time;
(iii) the applicant’s proposed studies will be credited to a course undertaken by the applicant in the applicant’s home country.
funds from an acceptable source means one or more of the following:
(a) if the applicant:
(i) has successfully completed at least 75% of the requirements for his or her principal course; and
(ii) has applied for the visa in order to complete the course; and
(iii) does not propose to undertake any further course;
a money deposit held by the applicant or an individual who is providing support to the applicant;
(b) if paragraph (a) does not apply—a money deposit that the applicant, or an individual who is providing support to the applicant, has held for at least the 3 months immediately before the date of the application;
(c) a loan from a financial institution made to, and held in the name of, the applicant or an individual who is providing support to the applicant;
(d) a loan from the government of the applicant’s home country;
(e) financial support from:
(i) the applicant’s proposed education provider; or
(ii) the Commonwealth Government, or the government of a State or Territory; or
(iii) the government of a foreign country; or
(iv) a corporation that:
(A) conducts commercial activities outside the country in which it is based; and
(B) employs the applicant in a role in relation to which the applicant’s principal course is of direct relevance; or
(v) a multilateral agency; or
(vi) a provincial or state government in a foreign country, provided with the written support of the government of that country; or
(vii) an organisation specified by the Minister in an instrument in writing for this subparagraph; or
(viii) an acceptable non‑profit organisation.
5A509 Other requirements
The applicant must give evidence that:
(a) he or she has successfully completed secondary schooling to the year 12 level (or its equivalent); or
(b) he or she:
(i) has successfully completed secondary schooling to the year 11 level (or its equivalent); and
(ii) has successfully completed in Australia a foundation course; or
(c) he or she:
(i) has successfully completed secondary schooling to the year 11 level (or its equivalent); and
(ii) has a certificate of enrolment in a foundation course that is to be undertaken in Australia before commencing the applicant’s principal course; or
(d) he or she:
(i) has successfully completed secondary schooling to the year 11 level (or its equivalent); and
(ii) has successfully completed a course in foundation studies that:
(A) is specified by the Minister in an instrument in writing for this sub‑subparagraph; and
(B) was conducted outside Australia; or
(e) he or she has successfully completed a qualification from the Australian Qualifications Framework at the Certificate IV level or higher in a course that was conducted in Australia; or
(f) he or she has a certificate of enrolment in a course that:
(i) leads to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; and
(ii) is to be undertaken in Australia before commencing the applicant’s principal course; or
(g) he or she has successfully completed a qualification from the Australian Qualifications Framework at the Certificate IV level or higher in a course that:
(i) is specified by the Minister in an instrument in writing for this subparagraph; and
(ii) was conducted outside Australia.
Division 4—Requirements for assessment level 2
5A510 English language proficiency
The applicant must give evidence that he or she has a level of English language proficiency that satisfies his or her proposed education provider.
5A511 Financial capacity
(1) The applicant must give, in accordance with this clause:
(a) evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the first 12 months:
(i) course fees;
(ii) living costs;
(iii) school costs; and
(b) evidence that the applicant has funds from an acceptable source that are sufficient to meet travel costs; and
(c) a declaration by the applicant stating that he or she has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the first 12 months.
(1A) If the applicant is:
(a) fully funded; or
(b) the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, will be met by:
(i) a provincial or state government in a foreign country, with the written support of the government of that country; or
(ii) an organisation specified by the Minister in a Gazette Notice for this paragraph;
the applicant must give evidence that the applicant has access to funds that are sufficient to support each member of the applicant’s family unit who is not a family applicant.
(2) In this clause, funds from an acceptable source does not include the value of an item of property.
5A512 Other requirements
The applicant must give evidence that he or she has the educational qualifications required by his or her proposed education provider.
Division 5—Requirements for assessment level 1
5A513 English language proficiency
The applicant must give evidence that he or she has a level of English language proficiency that satisfies his or her proposed education provider.
5A514 Financial capacity
The applicant must give a declaration stating that the applicant has access to funds that are sufficient to meet:
(a) the following expenses for the full period:
(i) course fees;
(ii) living costs;
(iii) school costs; and
(b) travel costs.
5A515 Other requirements
The applicant must give evidence that he or she has the educational qualifications required by the applicant’s proposed education provider.
Part 6—Subclass 574 (Postgraduate Research Sector)
Division 1—Requirements for assessment level 5
5A601 English language proficiency
The applicant must give evidence that the applicant achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 7.0.
5A602 Financial capacity
The applicant must give evidence that:
(a) the applicant has funds that are sufficient to meet the following expenses for the full period:
(i) course fees;
(ii) living costs;
(iii) school costs; and
(b) the applicant has funds that are sufficient to meet travel costs; and
(c) the funds have been held by the applicant in money deposits for at least the 5 years immediately before the date of the application (the accumulation day); and
(d) the applicant’s income before the accumulation day was sufficient to accumulate the funds.
5A603 Other requirements
The applicant must give evidence that:
(a) he or she has completed an undergraduate degree or its equivalent; and
(b) the applicant’s principal course will assist the applicant, in the applicant’s home country:
(i) to obtain employment; or
(ii) to improve his or her prospects of promotion or of obtaining other employment; or
(iii) to perform the functions of his or her current position.
Division 2—Requirements for assessment level 4
5A604 English language proficiency
(1) An applicant is not required to provide evidence of English language proficiency if the application was made outside Australia, and:
(a) the applicant provides evidence that he or she has successfully completed a course, or a course that is included in a class of courses, specified in a Gazette Notice for this paragraph; or
(b) the applicant:
(i) provides a certificate of enrolment in a course that has been gazetted for subregulation 1.44(2) (the gazetted course); and
(ii) will not undertake any other course before commencing the gazetted course.
(2) If subclause (1) does not apply, the applicant must give evidence that one of the following applies:
(a) the applicant:
(i) will not undertake an ELICOS before commencing his or her principal course; and
(ii) achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 6.0;
(b) the applicant:
(i) will undertake an ELICOS of no more than 30 weeks duration before commencing his or her principal course; and
(ii) achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 5.0;
(c) the applicant:
(i) is fully funded or holds an International Postgraduate Research Scholarship funded by the Commonwealth Government; and
(ii) has a level of English language proficiency that satisfies his or her proposed education provider; and
(iii) if the applicant is to undertake an ELICOS before commencing his or her principal course—will undertake an ELICOS of no more than 30 weeks duration;
(d) the applicant had, less than 2 years before the date of the application:
(i) successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that was conducted:
(A) in Australia; and
(B) in English; or
(ii) successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that:
(A) is specified by the Minister in an instrument in writing for this sub‑subparagraph; and
(B) was conducted outside Australia; and
(C) was conducted in English; or
(iii) as the holder of a student visa—successfully completed a substantial part of a course (other than a foundation course) that:
(A) was conducted in English; and
(B) was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or
(iv) successfully completed a substantial part of a course that:
(A) is specified by the Minister in an instrument in writing for this sub‑subparagraph; and
(B) was conducted outside Australia; and
(C) was conducted in English; and
(D) was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or
(v) successfully completed a foundation course that was conducted:
(A) in Australia; and
(B) in English; or
(vi) successfully completed a course in foundation studies that:
(A) is specified by the Minister in an instrument in writing for this sub‑subparagraph; and
(B) was conducted outside Australia; and
(C) was conducted in English;
(e) the applicant achieved, less than 2 years before the date of the application, the required score in a test that is specified in a Gazette Notice under clause 5A102;
(f) the applicant has:
(i) a level of English language proficiency that satisfies the applicant’s proposed education provider; and
(ii) at least 5 years of study in English undertaken in 1 or more of the following countries:
(A) Australia;
(B) Canada;
(C) New Zealand;
(D) South Africa;
(E) the Republic of Ireland;
(F) the United Kingdom;
(G) the United States of America.
5A605 Financial capacity
(1) The applicant must give, in accordance with this clause:
(a) evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the initial period:
(i) course fees;
(ii) living costs;
(iii) school costs; and
(b) evidence that the applicant has funds from an acceptable source that are sufficient to meet travel costs; and
(c) a declaration by the applicant stating that he or she has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of his or her expected stay in Australia; and
(d) evidence that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.
(1A) If the applicant:
(a) is fully funded; or
(b) is an applicant:
(i) who is not funded, wholly or partly, by:
(A) the Commonwealth Government, or the government of a State or Territory; or
(B) the government of a foreign country; or
(C) a multilateral agency; and
(ii) who proposes to undertake a course of study that is, or courses of study that are together, of a duration of less than 12 months; and
(iii) for whom, if applying in Australia, the proposed period of stay will result in the applicant’s total period of lawful stay in Australia being less than 12 months; or
(c) is the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, will be met by:
(i) a provincial or state government in a foreign country, with the written support of the government of that country; or
(ii) an organisation specified by the Minister in a Gazette Notice for this paragraph; or
(d) holds an International Postgraduate Research Scholarship funded by the Commonwealth Government;
the applicant must give evidence that the applicant has access to funds that are sufficient to support each member of the applicant’s family unit who is not a family applicant.
(2) In this clause:
acceptable individual means one or more of the following:
(a) the applicant;
(b) the applicant’s spouse or de facto partner;
(c) the applicant’s parents;
(d) the applicant’s grandparents;
(e) the applicant’s brothers and sisters;
(f) an uncle or aunt of the applicant who is:
(i) an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and
(ii) usually resident in Australia.
financial support, from an applicant’s proposed education provider, means:
(a) a scholarship that:
(i) is awarded on the basis of merit and an open selection process; and
(ii) is awarded to a student who is enrolled in a course leading to a Certificate IV qualification or a higher qualification; and
(iii) is awarded to the greater of:
(A) not more than 10% of overseas students in a course intake; and
(B) not more than 3 overseas students in a course intake; or
(b) a waiver of the applicant’s course fees carried out in the following circumstances:
(i) the applicant is part of an exchange program that involves:
(A) a formal agreement between an education provider and an education institution in a foreign country; and
(B) the reciprocal waiver of course fees as part of that agreement;
(ii) the applicant proposes to study full‑time;
(iii) the applicant’s proposed studies will be credited to a course undertaken by the applicant in the applicant’s home country.
funds from an acceptable source means one or more of the following:
(a) if the applicant:
(i) has successfully completed at least 75% of the requirements for his or her principal course; and
(ii) has applied for the visa in order to complete the course; and
(iii) does not propose to undertake any further course;
a money deposit held by an acceptable individual;
(aa) if paragraph (a) does not apply—a money deposit that an acceptable individual has held for at least the 3 months immediately before the date of the application;
(b) a loan from a financial institution made to, and held in the name of, an acceptable individual;
(c) a loan from the government of the applicant’s home country;
(d) financial support from:
(i) the applicant’s proposed education provider; or
(ii) the Commonwealth Government, or the government of a State or Territory; or
(iii) the government of a foreign country; or
(iv) a corporation that:
(A) conducts commercial activities outside the country in which it is based; and
(B) employs the applicant in a role in relation to which the applicant’s principal course is of direct relevance; or
(v) a multilateral agency; or
(vi) a provincial or state government in a foreign country, provided with the written support of the government of that country; or
(vii) an organisation specified by the Minister in an instrument in writing for this subparagraph; or
(viii) an acceptable non‑profit organisation.
5A606 Other requirements
The applicant must give evidence that he or she has completed an undergraduate degree or its equivalent.
Division 3—Requirements for assessment level 3
5A607 English language proficiency
(1) An applicant is not required to provide evidence of English language proficiency if the application was made outside Australia, and:
(a) the applicant provides evidence that he or she has successfully completed a course, or a course that is included in a class of courses, specified in a Gazette Notice for this paragraph; or
(b) the applicant:
(i) provides a certificate of enrolment in a course that has been gazetted for subregulation 1.44(2) (the gazetted course); and
(ii) will not undertake any other course before commencing the gazetted course.
(2) If subclause (1) does not apply, the applicant must give evidence that one of the following applies:
(a) the applicant:
(i) will not undertake an ELICOS before commencing his or her principal course; and
(ii) achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 6.0;
(b) the applicant:
(i) will undertake an ELICOS of no more than 30 weeks duration before commencing his or her principal course; and
(ii) achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 5.0;
(c) the applicant:
(i) is fully funded or holds an International Postgraduate Research Scholarship funded by the Commonwealth Government; and
(ii) has a level of English language proficiency that satisfies his or her proposed education provider; and
(iii) if the applicant is to undertake an ELICOS before commencing his or her principal course—will undertake an ELICOS of no more than 30 weeks duration;
(d) the applicant had, less than 2 years before the date of the application:
(i) successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that was conducted:
(A) in Australia; and
(B) in English; or
(ii) successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that:
(A) is specified by the Minister in an instrument in writing for this sub‑subparagraph; and
(B) was conducted outside Australia; and
(C) was conducted in English; or
(iii) as the holder of a student visa—successfully completed a substantial part of a course (other than a foundation course) that:
(A) was conducted in English; and
(B) was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or
(iv) successfully completed a substantial part of a course that:
(A) is specified by the Minister in an instrument in writing for this sub‑subparagraph; and
(B) was conducted outside Australia; and
(C) was conducted in English; and
(D) was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or
(v) successfully completed a foundation course that was conducted:
(A) in Australia; and
(B) in English; or
(vi) successfully completed a course in foundation studies that:
(A) is specified by the Minister in an instrument in writing for this sub‑subparagraph; and
(B) was conducted outside Australia; and
(C) was conducted in English;
(e) the applicant achieved, less than 2 years before the date of the application, the required score in a test that is specified in a Gazette Notice under clause 5A102;
(f) the applicant has:
(i) a level of English language proficiency that satisfies the applicant’s proposed education provider; and
(ii) at least 5 years of study in English undertaken in 1 or more of the following countries:
(A) Australia;
(B) Canada;
(C) New Zealand;
(D) South Africa;
(E) the Republic of Ireland;
(F) the United Kingdom;
(G) the United States of America.
5A608 Financial capacity
(1) The applicant must give, in accordance with this clause:
(a) evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the initial period:
(i) course fees;
(ii) living costs;
(iii) school costs; and
(b) evidence that the applicant has funds from an acceptable source that are sufficient to meet travel costs; and
(c) a declaration by the applicant stating that he or she has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of his or her expected stay in Australia; and
(d) evidence that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.
(1A) If the applicant:
(a) is fully funded; or
(b) is an applicant:
(i) who is not funded, wholly or partly, by:
(A) the Commonwealth Government, or the government of a State or Territory; or
(B) the government of a foreign country; or
(C) a multilateral agency; and
(ii) who proposes to undertake a course of study that is, or courses of study that are together, of a duration of less than 12 months; and
(iii) for whom, if applying in Australia, the proposed period of stay will result in the applicant’s total period of lawful stay in Australia being less than 12 months; or
(c) is the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, will be met by:
(i) a provincial or state government in a foreign country, with the written support of the government of that country; or
(ii) an organisation specified by the Minister in a Gazette Notice for this paragraph; or
(d) holds an International Postgraduate Research Scholarship funded by the Commonwealth Government;
the applicant must give evidence that the applicant has access to funds that are sufficient to support each member of the applicant’s family unit who is not a family applicant.
(2) In this clause:
financial support, from an applicant’s proposed education provider, means:
(a) a scholarship that:
(i) is awarded on the basis of merit and an open selection process; and
(ii) is awarded to a student who is enrolled in a course leading to a Certificate IV qualification or a higher qualification; and
(iii) is awarded to the greater of:
(A) not more than 10% of overseas students in a course intake; and
(B) not more than 3 overseas students in a course intake; or
(b) a waiver of the applicant’s course fees carried out in the following circumstances:
(i) the applicant is part of an exchange program that involves:
(A) a formal agreement between an education provider and an education institution in a foreign country; and
(B) the reciprocal waiver of course fees as part of that agreement;
(ii) the applicant proposes to study full‑time;
(iii) the applicant’s proposed studies will be credited to a course undertaken by the applicant in the applicant’s home country.
funds from an acceptable source means one or more of the following:
(a) a money deposit held by the applicant or by an individual who is providing support to the applicant;
(b) a loan from a financial institution made to, and held in the name of, the applicant or an individual who is providing support to the applicant;
(c) a loan from the government of the applicant’s home country;
(d) financial support from:
(i) the applicant’s proposed education provider; or
(ii) the Commonwealth Government, or the government of a State or Territory; or
(iii) the government of a foreign country; or
(iv) a corporation that:
(A) conducts commercial activities outside the country in which it is based; and
(B) employs the applicant in a role in relation to which the applicant’s principal course is of direct relevance; or
(v) a multilateral agency; or
(vi) a provincial or state government in a foreign country, provided with the written support of the government of that country; or
(vii) an organisation specified by the Minister in an instrument in writing for this subparagraph; or
(viii) an acceptable non‑profit organisation.
5A609 Other requirements
The applicant must give evidence that he or she has completed an undergraduate degree or its equivalent.
Division 4—Requirements for assessment level 2
5A610 English language proficiency
The applicant must give evidence that he or she has a level of English language proficiency that satisfies his or her proposed education provider.
5A611 Financial capacity
(1) The applicant must give, in accordance with this clause:
(a) evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the first 12 months:
(i) course fees;
(ii) living costs;
(iii) school costs; and
(b) evidence that the applicant has funds from an acceptable source that are sufficient to meet travel costs; and
(c) a declaration by the applicant stating that he or she has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the first 12 months.
(1A) If the applicant:
(a) is fully funded; or
(b) is the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, will be met by:
(i) a provincial or state government in a foreign country, with the written support of the government of that country; or
(ii) an organisation specified by the Minister in a Gazette Notice for this paragraph; or
(c) holds an International Postgraduate Research Scholarship funded by the Commonwealth Government;
the applicant must give evidence that the applicant has access to funds that are sufficient to support each member of the applicant’s family unit who is not a family applicant.
(2) In this clause, funds from an acceptable source does not include the value of an item of property.
5A612 Other requirements
The applicant must give evidence that he or she has completed an undergraduate degree or its equivalent.
Division 5—Requirements for assessment level 1
5A613 English language proficiency
The applicant must give evidence that he or she has a level of English language proficiency that satisfies his or her proposed education provider.
5A614 Financial capacity
The applicant must give a declaration stating that the applicant has access to funds that are sufficient to meet:
(a) the following expenses for the full period:
(i) course fees;
(ii) living costs;
(iii) school costs; and
(b) travel costs.
5A615 Other requirements
The applicant must give evidence that he or she has the educational qualifications required by the applicant’s proposed education provider.
Part 7—Subclass 575 (Non‑Award Sector)
Division 1—Requirements for assessment level 5
5A701 English language proficiency
The applicant must give evidence that the applicant achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 7.0.
5A702 Financial capacity
The applicant must give evidence that:
(a) the applicant has funds that are sufficient to meet the following expenses for the full period:
(i) course fees;
(ii) living costs;
(iii) school costs; and
(b) the applicant has funds that are sufficient to meet travel costs; and
(c) the funds have been held by the applicant in money deposits for at least the 5 years immediately before the date of the application (the accumulation day); and
(d) the applicant’s income before the accumulation day was sufficient to accumulate the funds.
5A703 Other requirements
The applicant must give:
(a) evidence that he or she has successfully completed secondary schooling to the year 12 level (or its equivalent); and
(b) (despite paragraph 5A108 (a)) a certificate of enrolment in the principal course; and
(c) evidence that the applicant’s principal course will assist the applicant, in the applicant’s home country:
(i) to obtain employment; or
(ii) to improve his or her prospects of promotion or of obtaining other employment; or
(iii) to perform the functions of his or her current position.
Division 2—Requirements for assessment level 4
5A704 English language proficiency
The applicant must give evidence that one of the following applies:
(a) the applicant:
(i) will not undertake an ELICOS before commencing his or her principal course; and
(ii) achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 5.5;
(b) the applicant:
(i) will undertake an ELICOS of no more than 20 weeks duration before commencing his or her principal course; and
(ii) achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 5.0;
(c) the applicant:
(i) is fully funded; and
(ii) has a level of English language proficiency that satisfies his or her proposed education provider; and
(iii) if the applicant is to undertake an ELICOS before commencing his or her principal course—will undertake an ELICOS of no more than 20 weeks duration;
(d) the applicant had, less than 2 years before the date of the application:
(i) successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that was conducted:
(A) in Australia; and
(B) in English; or
(ii) successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that:
(A) is specified by the Minister in an instrument in writing for this sub‑subparagraph; and
(B) was conducted outside Australia; and
(C) was conducted in English; or
(iii) as the holder of a student visa—successfully completed a substantial part of a course (other than a foundation course) that:
(A) was conducted in English; and
(B) was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or
(iv) successfully completed a substantial part of a course that:
(A) is specified by the Minister in an instrument in writing for this sub‑subparagraph; and
(B) was conducted outside Australia; and
(C) was conducted in English; and
(D) was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or
(v) successfully completed a foundation course that was conducted:
(A) in Australia; and
(B) in English; or
(vi) successfully completed a course in foundation studies that:
(A) is specified by the Minister in an instrument in writing for this sub‑subparagraph; and
(B) was conducted outside Australia; and
(C) was conducted in English;
(e) the applicant achieved, less than 2 years before the date of the application, the required score in a test that is specified in a Gazette Notice under clause 5A102;
(f) the applicant has:
(i) a level of English language proficiency that satisfies the applicant’s proposed education provider; and
(ii) at least 5 years of study in English undertaken in 1 or more of the following countries:
(A) Australia;
(B) Canada;
(C) New Zealand;
(D) South Africa;
(E) the Republic of Ireland;
(F) the United Kingdom;
(G) the United States of America.
5A705 Financial capacity
(1) The applicant must give, in accordance with this clause:
(a) evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the first 24 months:
(i) course fees;
(ii) living costs;
(iii) school costs; and
(aa) a declaration by the applicant stating that he or she has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the first 24 months; and
(b) evidence that the applicant has funds from an acceptable source that are sufficient to meet travel costs; and
(c) evidence that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.
(1A) If the applicant is:
(a) fully funded; or
(b) an applicant:
(i) who is not funded, wholly or partly, by:
(A) the Commonwealth Government, or the government of a State or Territory; or
(B) the government of a foreign country; or
(C) a multilateral agency; and
(ii) who proposes to undertake a course of study that is, or courses of study that are together, of a duration of less than 12 months; and
(iii) for whom, if applying in Australia, the proposed period of stay will result in the applicant’s total period of lawful stay in Australia being less than 12 months; or
(c) the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, will be met by:
(i) a provincial or state government in a foreign country, with the written support of the government of that country; or
(ii) an organisation specified by the Minister in a Gazette Notice for this paragraph;
the applicant must give evidence that the applicant has access to funds that are sufficient to support each member of the applicant’s family unit who is not a family applicant.
(2) In this clause:
acceptable individual means one or more of the following:
(a) the applicant;
(b) the applicant’s spouse or de facto partner;
(c) the applicant’s parents;
(d) the applicant’s grandparents;
(e) the applicant’s brothers and sisters;
(f) an uncle or aunt of the applicant who is:
(i) an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and
(ii) usually resident in Australia.
financial support, from an applicant’s proposed education provider, means:
(a) a scholarship that:
(i) is awarded on the basis of merit and an open selection process; and
(ii) is awarded to a student who is enrolled in a course leading to a Certificate IV qualification or a higher qualification; and
(iii) is awarded to the greater of:
(A) not more than 10% of overseas students in a course intake; and
(B) not more than 3 overseas students in a course intake; or
(b) a waiver of the applicant’s course fees carried out in the following circumstances:
(i) the applicant is part of an exchange program that involves:
(A) a formal agreement between an education provider and an education institution in a foreign country; and
(B) the reciprocal waiver of course fees as part of that agreement;
(ii) the applicant proposes to study full‑time;
(iii) the applicant’s proposed studies will be credited to a course undertaken by the applicant in the applicant’s home country.
funds from an acceptable source means one or more of the following:
(a) a money deposit that an acceptable individual has held for at least the 3 months immediately before the date of the application;
(b) financial support from:
(i) the applicant’s proposed education provider; or
(ii) the Commonwealth Government, or the government of a State or Territory; or
(iii) the government of a foreign country; or
(iv) a multilateral agency; or
(v) a provincial or state government in a foreign country, provided with the written support of the government of that country; or
(vi) an organisation specified by the Minister in an instrument in writing for this subparagraph; or
(vii) an acceptable non‑profit organisation;
(c) a loan from a financial institution that is made to, and held in the name of, an acceptable individual;
(d) a loan from the government of the applicant’s home country.
5A706 Other requirements
The applicant must give evidence that he or she has successfully completed secondary schooling to the year 12 level (or its equivalent).
Division 3—Requirements for assessment level 3
5A707 English language proficiency
The applicant must give evidence that one of the following applies:
(a) the applicant:
(i) will not undertake an ELICOS before commencing his or her principal course; and
(ii) achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 5.5;
(b) the applicant:
(i) will undertake an ELICOS of no more than 30 weeks duration before commencing his or her principal course; and
(ii) achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 4.5;
(c) the applicant:
(i) is fully funded; and
(ii) has a level of English language proficiency that satisfies his or her proposed education provider; and
(iii) if the applicant is to undertake an ELICOS before commencing his or her principal course—will undertake an ELICOS of no more than 30 weeks duration;
(d) the applicant had, less than 2 years before the date of the application:
(i) successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that was conducted:
(A) in Australia; and
(B) in English; or
(ii) successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that:
(A) is specified by the Minister in an instrument in writing for this sub‑subparagraph; and
(B) was conducted outside Australia; and
(C) was conducted in English; or
(iii) as the holder of a student visa—successfully completed a substantial part of a course (other than a foundation course) that:
(A) was conducted in English; and
(B) was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or
(iv) successfully completed a substantial part of a course that:
(A) is specified by the Minister in an instrument in writing for this sub‑subparagraph; and
(B) was conducted outside Australia; and
(C) was conducted in English; and
(D) was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or
(v) successfully completed a foundation course that was conducted:
(A) in Australia; and
(B) in English; or
(vi) successfully completed a course in foundation studies that:
(A) is specified by the Minister in an instrument in writing for this sub‑subparagraph; and
(B) was conducted outside Australia; and
(C) was conducted in English;
(e) the applicant achieved, less than 2 years before the date of the application, the required score in a test that is specified in a Gazette Notice under clause 5A102;
(f) the applicant has:
(i) a level of English language proficiency that satisfies the applicant’s proposed education provider; and
(ii) at least 5 years of study in English undertaken in 1 or more of the following countries:
(A) Australia;
(B) Canada;
(C) New Zealand;
(D) South Africa;
(E) the Republic of Ireland;
(F) the United Kingdom;
(G) the United States of America.
5A708 Financial capacity
(1) The applicant must give, in accordance with this clause:
(a) evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the first 18 months:
(i) course fees;
(ii) living costs;
(iii) school costs; and
(aa) a declaration by the applicant stating that he or she has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the first 18 months; and
(b) evidence that the applicant has funds from an acceptable source that are sufficient to meet travel costs; and
(c) evidence that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.
(1A) If the applicant is:
(a) fully funded; or
(b) an applicant:
(i) who is not funded, wholly or partly, by:
(A) the Commonwealth Government, or the government of a State or Territory; or
(B) the government of a foreign country; or
(C) a multilateral agency; and
(ii) who proposes to undertake a course of study that is, or courses of study that are together, of a duration of less than 12 months; and
(iii) for whom, if applying in Australia, the proposed period of stay will result in the applicant’s total period of lawful stay in Australia being less than 12 months; or
(c) the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, will be met by:
(i) a provincial or state government in a foreign country, with the written support of the government of that country; or
(ii) an organisation specified by the Minister in a Gazette Notice for this paragraph;
the applicant must give evidence that the applicant has access to funds that are sufficient to support each member of the applicant’s family unit who is not a family applicant.
(2) In this clause:
financial support, from an applicant’s proposed education provider, means:
(a) a scholarship that:
(i) is awarded on the basis of merit and an open selection process; and
(ii) is awarded to a student who is enrolled in a course leading to a Certificate IV qualification or a higher qualification; and
(iii) is awarded to the greater of:
(A) not more than 10% of overseas students in a course intake; and
(B) not more than 3 overseas students in a course intake; or
(b) a waiver of the applicant’s course fees carried out in the following circumstances:
(i) the applicant is part of an exchange program that involves:
(A) a formal agreement between an education provider and an education institution in a foreign country; and
(B) the reciprocal waiver of course fees as part of that agreement;
(ii) the applicant proposes to study full‑time;
(iii) the applicant’s proposed studies will be credited to a course undertaken by the applicant in the applicant’s home country.
funds from an acceptable source means one or more of the following:
(a) a money deposit that the applicant, or an individual who is providing support to the applicant, has held for at least the 3 months immediately before the date of the application;
(b) a loan from a financial institution made to, and held in the name of, the applicant or an individual who is providing support to the applicant;
(c) a loan from the government of the applicant’s home country;
(d) financial support from:
(i) the applicant’s proposed education provider; or
(ii) the Commonwealth Government, or the government of a State or Territory; or
(iii) the government of a foreign country; or
(iv) a corporation that:
(A) conducts commercial activities outside the country in which it is based; and
(B) employs the applicant in a role in relation to which the applicant’s principal course is of direct relevance; or
(v) a multilateral agency; or
(vi) a provincial or state government in a foreign country, provided with the written support of the government of that country; or
(vii) an organisation specified by the Minister in an instrument in writing for this subparagraph; or
(viii) an acceptable non‑profit organisation.
5A709 Other requirements
The applicant must give evidence that he or she has successfully completed secondary schooling to the year 11 level (or its equivalent).
Division 4—Requirements for assessment level 2
5A710 English language proficiency
The applicant must give evidence that he or she has a level of English language proficiency that satisfies his or her proposed education provider.
5A711 Financial capacity
(1) The applicant must give, in accordance with this clause:
(a) evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the first 12 months:
(i) course fees;
(ii) living costs;
(iii) school costs; and
(b) evidence that the applicant has funds from an acceptable source that are sufficient to meet travel costs; and
(c) a declaration by the applicant stating that he or she has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the first 12 months.
(1A) If the applicant is:
(a) fully funded; or
(b) the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, will be met by:
(i) a provincial or state government in a foreign country, with the written support of the government of that country; or
(ii) an organisation specified by the Minister in a Gazette Notice for this paragraph;
the applicant must give evidence that the applicant has access to funds that are sufficient to support each member of the applicant’s family unit who is not a family applicant.
(2) In this clause, funds from an acceptable source does not include the value of an item of property.
Division 5—Requirements for assessment level 1
5A712 English language proficiency
The applicant must give evidence that he or she has a level of English language proficiency that satisfies his or her proposed education provider.
5A713 Financial capacity
The applicant must give a declaration stating that the applicant has access to funds that are sufficient to meet:
(a) the following expenses for the full period:
(i) course fees;
(ii) living costs;
(iii) school costs; and
(b) travel costs.
Part 8—Subclass 576 (AusAID or Defence Sector)
Division 1—Requirements for assessment level 5
5A801 English language proficiency
The applicant must give evidence that the applicant achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 7.0.
5A802 Financial capacity
The applicant must give evidence, in accordance with this clause, that:
(a) the applicant has funds that are sufficient to meet the following expenses for the full period:
(i) course fees;
(ii) living costs;
(iii) school costs; and
(b) the applicant has funds that are sufficient to meet travel costs; and
(c) the funds have been held by the applicant in money deposits for at least the 5 years immediately before the date of the application (the accumulation day); and
(d) the applicant’s income before the accumulation day was sufficient to accumulate the funds.
5A803 Other requirements
The applicant must give evidence:
(a) that he or she is:
(i) a person who has the support of the AusAID Minister; or
(ii) a person who has the support of the Defence Minister; and
(b) of the expected duration of the applicant’s study or training in Australia.
Division 2—Requirements for assessment level 2
5A804 English language proficiency
The applicant must give evidence that he or she has a level of English language proficiency that satisfies his or her proposed education provider or training organisation.
5A805 Financial capacity
(1) Subject to subclause (2), if the applicant has the support of the AusAID Minister or the Defence Minister, the applicant must give evidence of that fact.
(2) If required to do so in writing by the Minister, the applicant must also give, in accordance with this clause:
(a) evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the first 12 months:
(i) course fees;
(ii) living costs;
(iii) school costs; and
(b) evidence that the applicant has funds from an acceptable source that are sufficient to meet travel costs; and
(c) a declaration by the applicant stating that he or she has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the first 12 months; and
(d) the applicant has access to funds that are sufficient to support each member of the applicant’s family unit who is not a family applicant.
(3) In this clause, funds from an acceptable source means one or more of the following:
(a) a money deposit or the value of an item of property held by the applicant or by a person who is providing support to the applicant;
(b) a loan from a financial institution;
(c) a loan from the government of the applicant’s home country;
(d) financial support (such as a scholarship) from:
(i) the government of a foreign country; or
(ii) the Commonwealth Government, or the government of a State or Territory; or
(iii) a business; or
(iv) a multilateral agency;
(e) support from the AusAID Minister or the Defence Minister.
5A806 Other requirements
The applicant must give evidence:
(a) that he or she is:
(i) a person who has the support of the AusAID Minister; or
(ii) a person who has the support of the Defence Minister; and
(b) of the expected duration of the applicant’s study or training in Australia.
Schedule 5B—Evidentiary requirements for student visas—secondary applicants
(Schedule 2, clauses 570.332, 571.332, 572.332, 573.332, 574.332, 575.332 and 576.333)
Part 1—Preliminary
5B101 Definitions
In this Schedule:
acceptable non‑profit organisation means an organisation that:
(a) operates on a non‑profit basis; and
(b) is actively and lawfully operating in Australia or overseas; and
(c) has funds that are, or an income that is, sufficient to provide the financial support it proposes to provide.
course fees, for an applicant in relation to a period, means the fees for each course proposed to be undertaken by the primary person in the period, as indicated by the proposed education provider in a letter or other document.
family applicant means a member of the primary person’s family unit who is a visa applicant seeking to satisfy secondary criteria in relation to the primary person.
financial institution means a body corporate that, as part of its normal activities:
(a) takes money on deposit and makes advances of money; and
(b) does so under a regulatory regime, governed by the central bank (or its equivalent) of the country in which it operates, that the Minister is satisfied provides effective prudential assurance.
financial support, from the education provider or proposed education provider of a primary person who is the holder of a Subclass 570, 572, 573, 574 or 575 visa, means:
(a) a scholarship awarded to the primary person that:
(i) is awarded on the basis of merit and an open selection process; and
(ii) is awarded to the primary person as a student who is enrolled in a course leading to a Certificate IV qualification or a higher qualification; and
(iii) is awarded to the greater of:
(A) not more than 10% of overseas students in a course intake; and
(B) not more than 3 overseas students in a course intake; or
(b) a waiver of the primary person’s course fees carried out in the following circumstances:
(i) the primary person is part of an exchange program that involves:
(A) a formal agreement between an education provider and an education institution in a foreign country; and
(B) the reciprocal waiver of course fees as part of that agreement;
(ii) the primary person is studying, or proposes to study, full‑time;
(iii) the primary person’s proposed studies will be credited to a course undertaken by the primary person in the primary person’s home country.
first 12 months, for an applicant, means the period that:
(a) begins:
(i) if the application is made outside Australia—on the day of the applicant’s expected arrival in Australia; or
(ii) if the application is made in Australia—on the day that the student visa is expected to be granted to the applicant; and
(b) ends on the earlier of the following:
(i) the day 12 months after the beginning of the period;
(ii) the last day of the applicant’s proposed stay in Australia.
first 18 months, for an applicant, means the period that:
(a) begins:
(i) if the application is made outside Australia—on the day of the applicant’s expected arrival in Australia; or
(ii) if the application is made in Australia—on the day that the student visa is expected to be granted to the applicant; and
(b) ends on the earlier of the following:
(i) the day 18 months after the beginning of the period;
(ii) the last day of the applicant’s proposed stay in Australia.
first 24 months, for an applicant, means the period that:
(a) begins:
(i) if the application is made outside Australia—on the day of the applicant’s expected arrival in Australia; or
(ii) if the application is made in Australia—on the day that the student visa is expected to be granted to the applicant; and
(b) ends on the earlier of the following:
(i) the day 24 months after the beginning of the period;
(ii) the last day of the applicant’s proposed stay in Australia.
initial period, for an applicant, means the period that:
(a) begins:
(i) if the application is made outside Australia—on the day of the applicant’s expected arrival in Australia; or
(ii) if the application is made in Australia—on the day that the student visa is expected to be granted to the applicant; and
(b) ends on the earlier of the following:
(i) the day 12 months after the expected commencement date of the primary person’s principal course;
(ii) the last day of the applicant’s proposed stay in Australia.
living costs has the meaning given by subclause 5B102(1).
money deposit means a money deposit with a financial institution.
primary person means the holder of a student visa that was granted on the basis of the holder meeting the primary criteria for the student visa.
school costs has the meaning given by subclause 5B102(2).
travel costs, for an applicant, means the sum of costs for each of the applicant, any family applicant, the primary person and any member of the primary person’s family unit who is the holder of a student visa:
(a) if the applicant, family applicant, primary person or member of the primary person’s family unit is not in Australia when the application is made—of travelling to Australia; and
(b) of returning to that person’s home country at the end of his or her stay.
Note: foreign country is defined in paragraph 22(1)(f) of the Acts Interpretation Act 1901 as any country (whether or not an independent sovereign state) outside Australia and the external Territories.
5B102 Meaning of living costs and school costs
(1) An applicant’s living costs for a period are taken to accrue at the sum of the following rates:
(a) for the primary person—an amount specified by the Minister in an instrument in writing for this paragraph (the basic rate);
(b) if the primary person has a spouse or de facto partner who is a family applicant or the holder of a student visa—35% of the basic rate;
(c) if the primary person has a dependent child who is a family applicant or the holder of a student visa—20% of the basic rate;
(d) if the primary person has any further dependent child who is a family applicant or the holder of a student visa—15% of the basic rate for each such child.
(2) An applicant’s school costs are taken to accrue at the sum of the following rates:
(a) if the applicant is a school‑age dependant—$8 000 per year;
(b) for each child who is:
(i) a school‑age dependant at the time; and
(ii) a family applicant or the holder of a student visa;
$8 000 per year.
5B103 Declarations
In this Schedule, a requirement that an applicant give a declaration of a matter is taken, for a person who is less than 18 years old, to be a requirement that:
(a) a parent of the applicant; or
(b) a person having custody of the applicant;
give the declaration on the applicant’s behalf.
Part 2—Evidentiary requirements for assessment level 4
5B201 Requirements for assessment level 4 (Subclass 570, 571, 572, 573 or 575 visa)
(1) This clause applies if a primary person:
(a) is the holder of a Subclass 570, 571, 572, 573 or 575 visa; and
(b) was subject to assessment level 4 at the time of the decision to grant the visa.
(2) The applicant must give:
(a) evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the first 24 months:
(i) course fees;
(ii) living costs;
(iii) school costs; and
(b) evidence that the applicant has funds from an acceptable source that are sufficient to meet travel costs; and
(c) evidence that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual; and
(d) a declaration stating that the applicant has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the first 24 months.
(3) In this clause:
acceptable individual means one or more of the following:
(a) the primary person;
(b) the primary person’s spouse or de facto partner;
(c) the primary person’s parents;
(d) the primary person’s grandparents;
(e) the primary person’s brothers and sisters;
(f) an uncle or aunt of the primary person who is:
(i) an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and
(ii) usually resident in Australia.
funds from an acceptable source means one or more of the following:
(a) a money deposit that an acceptable individual has held for at least the 3 months immediately before the date of the application;
(b) a loan from a financial institution that is made to, and held in the name of, an acceptable individual;
(c) a loan from the government of the primary person’s home country;
(d) financial support from:
(i) the primary person’s education provider or proposed education provider; or
(ii) the Commonwealth Government, or the government of a State or Territory; or
(iii) the government of a foreign country; or
(iv) unless the primary person holds a Subclass 570 (Independent ELICOS Sector) visa—a corporation that:
(A) conducts commercial activities outside the country in which it is based; and
(B) employs the primary person in a role in relation to which the primary person’s principal course is of direct relevance; or
(v) a multilateral agency; or
(vi) a provincial or state government in a foreign country, provided with the written support of the government of that country; or
(vii) an organisation specified by the Minister in an instrument in writing for this subparagraph; or
(viii) an acceptable non‑profit organisation.
5B202 Requirements for assessment level 4 (Subclass 574 visa)
(1) This clause applies if a primary person:
(a) is the holder of a Subclass 574 visa; and
(b) was subject to assessment level 4 at the time of the decision to grant the visa.
(2) The applicant must give:
(a) evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the initial period:
(i) course fees;
(ii) living costs;
(iii) school costs; and
(b) evidence that the applicant has funds from an acceptable source that are sufficient to meet travel costs; and
(c) evidence that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual; and
(d) a declaration stating that the applicant has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the initial period.
(3) In this clause:
acceptable individual means one or more of the following:
(a) the primary person;
(b) the primary person’s spouse or de facto partner;
(c) the primary person’s parents;
(d) the primary person’s grandparents;
(e) the primary person’s brothers and sisters;
(f) an uncle or aunt of the primary person who is:
(i) an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and
(ii) usually resident in Australia.
funds from an acceptable source means one or more of the following:
(a) a money deposit that an acceptable individual has held for at least the 3 months immediately before the date of the application;
(b) a loan from a financial institution that is made to, and held in the name of, an acceptable individual;
(c) a loan from the government of the primary person’s home country;
(d) financial support from:
(i) the primary person’s education provider or proposed education provider; or
(ii) the Commonwealth Government, or the government of a State or Territory; or
(iii) the government of a foreign country; or
(iv) a corporation that:
(A) conducts commercial activities outside the country in which it is based; and
(B) employs the primary person in a role in relation to which the primary person’s principal course is of direct relevance; or
(v) a multilateral agency; or
(vi) a provincial or state government in a foreign country, provided with the written support of the government of that country; or
(vii) an organisation specified by the Minister in an instrument in writing for this subparagraph; or
(viii) an acceptable non‑profit organisation.
Part 3—Evidentiary requirements for assessment level 3
5B301 Requirements for assessment level 3 (Subclass 570, 571, 572, 573 or 575 visa)
(1) This clause applies if a primary person:
(a) is the holder of a Subclass 570, 571, 572, 573 or 575 visa; and
(b) was subject to assessment level 3 at the time of the decision to grant the visa.
(2) The applicant must give:
(a) evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the first 18 months:
(i) course fees;
(ii) living costs;
(iii) school costs; and
(b) evidence that the applicant has funds from an acceptable source that are sufficient to meet travel costs; and
(c) evidence that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual; and
(d) a declaration stating that the applicant has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the first 18 months.
(3) In this clause:
funds from an acceptable source means one or more of the following:
(a) a money deposit that the applicant, or an individual who is providing support to the applicant, has held for at least the 3 months immediately before the date of the application;
(b) a loan from a financial institution that is made to, and held in the name of, the applicant or an individual who is providing support to the applicant;
(c) a loan from the government of the primary person’s home country;
(d) financial support from:
(i) the primary person’s education provider or proposed education provider; or
(ii) the Commonwealth Government, or the government of a State or Territory; or
(iii) the government of a foreign country; or
(iv) a corporation that:
(A) conducts commercial activities outside the country in which it is based; and
(B) employs the primary person in a role in relation to which the primary person’s principal course is of direct relevance; or
(v) a multilateral agency; or
(vi) a provincial or state government in a foreign country, provided with the written support of the government of that country; or
(vii) an organisation specified by the Minister in an instrument in writing for this subparagraph; or
(viii) an acceptable non‑profit organisation.
5B302 Requirements for assessment level 3 (Subclass 574 visa)
(1) This clause applies if a primary person:
(a) is the holder of a Subclass 574 visa; and
(b) was subject to assessment level 3 at the time of the decision to grant the visa.
(2) The applicant must give:
(a) evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the initial period:
(i) course fees;
(ii) living costs;
(iii) school costs; and
(b) evidence that the applicant has funds from an acceptable source that are sufficient to meet travel costs; and
(c) evidence that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual; and
(d) a declaration stating that the applicant has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the initial period.
(3) In this clause:
funds from an acceptable source means one or more of the following:
(a) a money deposit held by the applicant, or an individual who is providing support to the applicant;
(b) a loan from a financial institution that is made to, and held in the name of, the applicant or an individual who is providing support to the applicant;
(c) a loan from the government of the primary person’s home country;
(d) financial support from:
(i) the primary person’s education provider or proposed education provider; or
(ii) the Commonwealth Government, or the government of a State or Territory; or
(iii) the government of a foreign country; or
(iv) a corporation that:
(A) conducts commercial activities outside the country in which it is based; and
(B) employs the primary person in a role in relation to which the primary person’s principal course is of direct relevance; or
(v) a multilateral agency; or
(vi) a provincial or state government in a foreign country, provided with the written support of the government of that country; or
(vii) an organisation specified by the Minister in an instrument in writing for this subparagraph; or
(viii) an acceptable non‑profit organisation.
Part 4—Evidentiary requirements for assessment level 2
5B401 Requirements for assessment level 2
(1) This clause applies if a primary person:
(a) is the holder of a student visa; and
(b) was subject to assessment level 2 at the time of the decision to grant the visa.
(2) The applicant must give:
(a) evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the first 12 months:
(i) course fees;
(ii) living costs;
(iii) school costs; and
(b) evidence that the applicant has funds from an acceptable source that are sufficient to meet travel costs; and
(c) a declaration stating that the applicant has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the first 12 months.
(3) In this clause, funds from an acceptable source does not include the value of an item of property.
Schedule 6D—General points test for General Skilled Migration visas mentioned in subregulation 2.26AC(1)
(regulation 2.26AC)
Part 6D.1—Age qualifications
| Item | At the time of invitation to apply for the visa, the applicant’s age was ... | Number of points |
| 6D11 | not less than 18 and under 25 | 25 |
| 6D12 | not less than 25 and under 33 | 30 |
| 6D13 | not less than 33 and under 40 | 25 |
| 6D14 | not less than 40 and under 45 | 15 |
Part 6D.2—English language qualifications
| Item | At the time of invitation to apply for the visa, the applicant had ... | Number of points |
| 6D21 | superior English | 20 |
| 6D22 | proficient English | 10 |
Part 6D.3—Overseas employment experience qualifications
| Item | At the time of invitation to apply for the visa, the applicant ... | Number of points |
| 6D31 | had been employed outside Australia in: (a) the applicant’s nominated skilled occupation; or (b) a closely related skilled occupation; for a period totalling at least 36 months in the 10 years immediately before that time | 5 |
| 6D32 | had been employed outside Australia in: (a) the applicant’s nominated skilled occupation; or (b) a closely related skilled occupation; for a period totalling at least 60 months in the 10 years immediately before that time | 10 |
| 6D33 | had been employed outside Australia in: (a) the applicant’s nominated skilled occupation; or (b) a closely related skilled occupation; for a period totalling at least 96 months in the 10 years immediately before that time | 15 |
Part 6D.4—Australian employment experience qualifications
| Item | At the time of invitation to apply for the visa, the applicant ... | Number of points |
| 6D41 | had been employed in Australia in: (a) the applicant’s nominated skilled occupation; or (b) a closely related skilled occupation; for a period totalling at least 12 months in the 10 years immediately before that time | 5 |
| 6D42 | had been employed in Australia in: (a) the applicant’s nominated skilled occupation; or (b) a closely related skilled occupation; for a period totalling at least 36 months in the 10 years immediately before that time | 10 |
| 6D43 | had been employed in Australia in: (a) the applicant’s nominated skilled occupation; or (b) a closely related skilled occupation; for a period totalling at least 60 months in the 10 years immediately before that time | 15 |
| 6D44 | had been employed in Australia in: (a) the applicant’s nominated skilled occupation; or (b) a closely related skilled occupation; for a period totalling at least 96 months in the 10 years immediately before that time | 20 |
Part 6D.5—Aggregating points for employment experience qualifications
6D51 (1) If an applicant has a qualification mentioned in Part 6D.3 and a qualification mentioned in Part 6D.4, and the combined number of points that would be awarded under those Parts for the qualifications is more than 20 points:
(a) the Minister must give the applicant 20 points under this Part for the qualifications; and
(b) no points are given under Part 6D.3 or 6D.4.
(2) The prescribed number of points for the combination of qualifications is 20.
Part 6D.6—Australian professional year qualifications
| Item | At the time of invitation to apply for the visa, the applicant had completed ... | Number of points |
| 6D61 | a professional year in Australia in: (a) the applicant’s nominated skilled occupation; or (b) a closely related skilled occupation; for a period totalling at least 12 months in the 48 months immediately before that time | 5 |
Part 6D.7—Educational qualifications
| Item | At the time of invitation to apply for the visa, the applicant had ... | Number of points |
| 6D71 | met the requirements for: (a) the award of a doctorate by an Australian educational institution; or (b) the award of a doctorate, by another educational institution, that is of a recognised standard | 20 |
| 6D72 | met the requirements for: (a) the award of at least a bachelor degree by an Australian educational institution; or (b) the award of at least a bachelor qualification by another educational institution, that is of a recognised standard | 15 |
| 6D73 | met the requirements for the award of a diploma by an Australian educational institution | 10 |
| 6D74 | met the requirements for the award of a trade qualification by an Australian educational institution | 10 |
| 6D75 | attained a qualification or award recognised by the relevant assessing authority for the applicant’s nominated skilled occupation as being suitable for the occupation | 10 |
Part 6D.8—Australian study qualifications
| Item | At the time of invitation to apply for the visa ... | Number of points |
| 6D81 | the applicant met the Australian study requirement | 5 |
Part 6D.9—Credentialled community language qualifications
| Item | At the time of invitation to apply for the visa, the applicant had ... | Number of points |
| 6D91 | a qualification in a particular language: (a) awarded or accredited by a body specified by the Minister in an instrument in writing for this item; and (b) at a standard for the language specified in the instrument | 5 |
Part 6D.10—Study in regional Australia or a low‑population growth metropolitan area qualifications
| Item | At the time of invitation to apply for the visa ... | Number of points |
| 6D101 | each of the following applied: (a) the applicant met the Australian study requirement; (b) the location of the campus or campuses at which that study was undertaken is specified by the Minister in an instrument in writing for this item; (c) while the applicant undertook the course of study the applicant lived in a part of Australia the postcode of which is specified by the Minister in an instrument in writing for this item; (d) none of the study undertaken constituted distance education | 5 |
Part 6D.11—Partner skill qualifications
| Item | Qualification | Number of points |
| 6D111 | The spouse or de facto partner of the applicant (the primary applicant): (a) is an applicant for the same subclass of visa as the primary applicant; and (b) is not an Australian permanent resident or an Australian citizen; and (c) was under 50 at the time the invitation to apply for the visa was issued to the primary applicant; and (d) at the time of invitation to apply for the visa, nominated a skilled occupation, being an occupation specified by the Minister under paragraph 1.15I(1)(a) at that time; and (e) at the time of invitation to apply for the visa, had been assessed by the relevant assessing authority for the nominated skilled occupation as having suitable skills for the occupation and the assessment was not for a Subclass 485 (Temporary Graduate) visa; and (f) at the time of invitation to apply for the visa, had competent English | 5 |
Part 6D.12—State or Territory nomination qualifications
| Item | Qualification | Number of points |
| 6D121 | The applicant has been invited to apply for a Subclass 190 (Skilled—Nominated) visa, and the nominating State or Territory government agency has not withdrawn the nomination | 5 |
Part 6D.13—Designated area sponsorship qualifications
| Item | Qualification | Number of points |
| 6D131 | The applicant has been invited to apply for a Subclass 489 (Skilled—Regional) (Provisional) visa, and: (a) the nominating State or Territory government agency has not withdrawn the nomination; or (b) if the applicant is sponsored by a family member, the Minister has accepted the sponsorship | 10 |
Schedule 7A—Business innovation and investment points test—attributes and points (Business Skills (Provisional) (Class EB) visas)
(regulation 1.03)
Part 7A.1—Definitions
In this Schedule:
degree has the meaning given by subregulation 2.26AC(6).
diploma has the meaning given by subregulation 2.26AC(6).
trade qualification has the meaning given by subregulation 2.26AC (6).
Part 7A.2—Age qualifications
| Item | At the time of invitation to apply for the visa, the applicant was ... | Number of points | |
| 7A21 | not less than 18 and under 25 | 20 |
| 7A22 | not less than 25 and under 33 | 30 |
| 7A23 | not less than 33 and under 40 | 25 |
| 7A24 | not less than 40 and under 45 | 20 |
| 7A25 | not less than 45 and under 55 | 15 |
| | | | |
Part 7A.3—English language qualifications
| Item | At the time of invitation to apply for the visa, the applicant had ... | Number of points | |
| 7A31 | vocational English | 5 |
| 7A32 | proficient English | 10 |
| | | | |
Note: Points are accumulated under item 7A31 or 7A32, not both.
Part 7A.4—Educational qualifications
| Item | At the time of invitation to apply for the visa, the applicant had ... | Number of points | |
| 7A41 | met the requirements for: (a) the award of a trade qualification, diploma or bachelor degree by an Australian educational institution; or (b) the award of a bachelor qualification by an educational institution that is of a recognised standard | 5 |
| 7A42 | met the requirements for: (a) the award of a bachelor degree in business, science or technology by an Australian educational institution; or (b) the award of a bachelor qualification in business, science or technology by an educational institution that is of a recognised standard | 10 |
| | | | |
Note: Points are accumulated under item 7A41 or 7A42, not both.
Part 7A.5—Business experience qualifications—Business Innovation stream only
| Item | The applicant has held one or more main businesses for ... | Number of points | |
| 7A51 | not less than 4 years in the 5 years immediately before the time of invitation to apply for the visa | 10 |
| 7A52 | not less than 7 years in the 8 years immediately before the time of invitation to apply for the visa | 15 |
| | | | |
Note: Points are accumulated under item 7A51 or 7A52, not both.
Part 7A.6—Investor experience qualifications—Investor stream only
| Item | The applicant ... | Number of points | |
| 7A61 | held eligible investments which had a value of not less than AUD100 000 for not less than 4 years immediately before the time of invitation to apply for the visa | 10 |
| 7A62 | held eligible investments which had a value of not less than AUD100 000 for not less than 7 years immediately before the time of invitation to apply for the visa | 15 |
| | | | |
Note: Points are accumulated under item 7A61 or 7A62, not both.
Part 7A.7—Financial asset qualifications
| Item | The net value of the business and personal assets of the applicant, the applicant’s spouse or de facto partner, or the applicant and his or her spouse or de facto partner together, was ... | Number of points | |
| 7A71 | not less than AUD800 000 in each of the 2 fiscal years immediately before the time of invitation to apply for the visa | 5 |
| 7A72 | not less than AUD1 300 000 in each of the 2 fiscal years immediately before the time of invitation to apply for the visa | 15 |
| 7A73 | not less than AUD1 800 000 in each of the 2 fiscal years immediately before the time of invitation to apply for the visa | 25 |
| 7A74 | not less than AUD2 250 000 in each of the 2 fiscal years immediately before the time of invitation to apply for the visa | 35 |
| | | | |
Note: Points are accumulated under one item in Part 7A.7, not more than one.
Part 7A.8—Business turnover qualifications
| Item | The applicant had an ownership interest in one or more main businesses that had an annual turnover of ... | Number of points | |
| 7A81 | not less than AUD500 000 in at least 2 of the 4 fiscal years immediately before the time of invitation to apply for the visa | 5 |
| 7A82 | not less than AUD1 000 000 in at least 2 of the 4 fiscal years immediately before the time of invitation to apply for the visa | 15 |
| 7A83 | not less than AUD1 500 000 in at least 2 of the 4 fiscal years immediately before the time of invitation to apply for the visa | 25 |
| 7A84 | not less than AUD2 000 000 in at least 2 of the 4 fiscal years immediately before the time of invitation to apply for the visa | 35 |
| | | | |
Note: Points are accumulated under one item in Part 7A.8, not more than one.
Part 7A.9—Business innovation qualifications
| Item | At the time of invitation to apply for the visa ... | Number of points |
| 7A91 | the applicant, or a main business of the applicant, had either or both of the following: (a) one or more patents that: (i) were registered not less than 1 year before that time; and (ii) were used in the day to day activities of the main business; (b) one or more registered designs that: (i) were registered not less than 1 year before that time; and (ii) were used in the day to day activities of the main business | 15 |
| 7A92 | the applicant, or a main business of the applicant, had one or more registered trade marks that: (a) were registered not less than 1 year before that time; and (b) were used in the day to day activities of the main business | 10 |
| 7A93 | each of the following applied: (a) at least one main business in which the applicant held an ownership interest operated in accordance with a formal joint venture agreement entered into with another business or businesses; (b) the joint venture agreement had been entered into not less than 1 year before the time of invitation to apply for the visa; (c) the applicant utilised his or her skills in actively participating at a senior level in the day to day management of the business | 5 |
| 7A94 | at least one main business held by the applicant derived not less than 50% of its annual turnover from export trade in at least 2 of the 4 fiscal years immediately before that time | 15 |
| 7A95 | the applicant had an ownership interest in at least one main business that: (a) was established not more than 5 years before that time; and (b) had an average annualised growth in turnover that was greater than 20% per annum over 3 continuous fiscal years; and (c) in at least one of the 3 fiscal years mentioned in paragraph (b) employed 10 or more employees for a total number of hours that was at least the total number of hours that would have been worked by 10 full‑time employees | 10 |
| 7A96 | the applicant, or at least one main business in which the applicant held an ownership interest: (a) had received a grant that: |