Federal Register of Legislation - Australian Government

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 12 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 12 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

(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 in a legislative instrument made by the Minister 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 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;

(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.

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 in a legislative instrument made by the Minister 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.

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)

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 12 months:

(i) course fees;

(ii) living costs;

(iii) school costs; 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

(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 in a legislative instrument made by the Minister 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 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;

(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

(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.

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

(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 in a legislative instrument made by the Minister 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.

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)

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;

(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

(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

(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

(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 legislative instrument made by the Minister 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;

(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 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) 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

(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 in a legislative instrument made by the Minister 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 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;

(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.

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

(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 in a legislative instrument made by the Minister 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.

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)

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 legislative instrument made by the Minister under 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 legislative instrument made by the Minister under 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 legislative instrument made by the Minister under clause 5A102;

(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

(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

(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

(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;

(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 specified by the Minister in a legislative instrument made under subregulation 1.44(2) (the specified course); and

(ii) will not undertake any other course before commencing the specified 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 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) 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

(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 in a legislative instrument made by the Minister 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 an acceptable individual;

(b) 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;

(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

(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.

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

(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 in a legislative instrument made by the Minister 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.

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)

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 legislative instrument made by the Minister for this paragraph; or

(b) the applicant:

(i) provides a certificate of enrolment in a course that has been specified by the Minister in a legislative instrument made under subregulation 1.44(2) (the specified course); and

(ii) will not undertake any other course before commencing the specified 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;

(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

(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

(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

(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 legislative instrument made by the Minister 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;

(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 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

(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

(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 in a legislative instrument made by the Minister 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 an acceptable individual;

(b) a loan from a financial institution made to, and held in the name of, an acceptable individual;

(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.

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

(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 in a legislative instrument made for this paragraph; or

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.

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)

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;

(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

(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

(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

(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 legislative instrument made by the Minister 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;

(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 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) 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

(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 in a legislative instrument made by the Minister 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 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;

(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).

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

(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 in a legislative instrument made by the Minister 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.