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IMMI 16/018 Specifications as made
This instrument specifies the financial requirements an applicant must meet for a Subclass 500 (Student) visa or a Subclass 590 (Student Guardian) visa.
Administered by: Immigration and Border Protection
Made 29 Apr 2016
Registered 03 May 2016
Tabled HR 04 May 2016
Tabled Senate 04 May 2016
Date of repeal 21 Mar 2017
Repealed by Evidence of Financial Capacity for Subclass 500 (Student) Visas and Subclass 590 (Student Guardian) Visas 2017/012


Commonwealth of Australia

Migration Regulations 1994

EVIDENCE OF FINANCIAL CAPACITY FOR SUBCLASS 500 (STUDENT) VISAS AND SUBCLASS 590 (STUDENT GUARDIAN) VISAS 2016/018

(Subclause 500.214(4), 500.313(4) and 590.216(4))

I, PETER DUTTON Minister for Immigration and Border Protection, acting under
subclause 500.214(4), subclause 500.313(4) and subclause 590.216(4) of Schedule 2 to the
Migration Regulations 1994 (the Regulations):

1.             SPECIFY under subclause 500.214(4) of Schedule 2 to the Regulations and for the purposes of subclause 500.214(3) of Schedule 2 to the Regulations, that the applicant seeking to satisfy the primary criteria of a Subclass 500 (Student) visa must give to the Minister evidence of financial capacity of the following requirements:

a.              sufficient funds to meet the following costs or expenses of the applicant, as specified in item 5 of this Instrument:

                                       i.              travel expenses; and

                                     ii.              living costs and expenses as specified in item 4 of this Instrument for the first 12 month period of the applicant’s stay in Australia; and

                                   iii.              annual course fees for the first 12 month period of the applicant’s stay in Australia; and

b.             sufficient funds to meet the following costs or expenses of each member of the family unit making a combined application with the primary applicant, as specified in item 5 of this Instrument:

                                       i.              travel expenses; and

                                     ii.              living costs and expenses as specified in item 4 of this Instrument, for the first 12 month period of the primary applicant’s stay in Australia; and

                                   iii.              all school fees for each school aged dependent as specified in item 6 of this Instrument, for the first 12 month period of the primary applicant’s stay in Australia; or

c.              the primary applicant’s parents or spouse have personal annual income that is above an amount specified in item 7 and item 8 of this Instrument; or

d.             the applicant’s completed AASES form, as defined in regulation 1.03 of the Regulations.

2.             SPECIFY under subclause 500.313(4) of Schedule 2 to the Regulations and for the purposes of subclause 500.313(3) of Schedule 2 to the Regulations, the applicant seeking to satisfy the secondary criteria of a Subclass 500 (Student) visa (a Student’s Family Member Applicant) must give to the Minister evidence of financial capacity of the following requirements:

a.              where the Student Family Member application is combined with an applicant seeking to satisfy the primary criteria of a Subclass 500 (Student) visa application, sufficient funds to meet the costs or expenses, as specified in item 5 of this Instrument in the form of evidence of financial capacity of an applicant seeking to meet the primary criteria as specified in item 1 of this Instrument,  or

b.             where the Student Family member applicant is not combined with an applicant seeking to satisfy the primary criteria of a Subclass 500 (Student) visa application, sufficient funds to meet the following costs or expenses, as specified in item 5 of this Instrument:

                                       i.              travel expenses; and

                                     ii.              living costs for each Student Family Member and each  Student visa holder as specified in item 4 of this Instrument, for the first 12 month period of the Student Family Member’s stay in Australia; and

                                   iii.              course fees of the Student visa holder for the first 12 month period of the Student Family Member’s stay in Australia; and

                                   iv.              all school fees for each school aged dependent of the Student visa holder, as specified in item 6 of this Instrument, for the first 12 month period of the Student Family Member’s stay in Australia; or

c.              the primary applicant’s parents or spouse have personal income that is above an amount specified in item 7 and item 8 of this Instrument.

3.             SPECIFY under subclause 590.216(4) of Schedule 2 to the Regulations and for the purposes of subclause 590.216(3) of Schedule 2 to the Regulations, that the applicant seeking to satisfy the primary criteria of a Subclass 590 (Student Guardian) visa must give the Minister evidence of financial capacity of the following requirements:

a.              sufficient funds to meet the following costs or expenses of the applicant, as specified in item 5 of this Instrument:

                                       i.              travel expenses; and

                                     ii.              living costs and expenses as specified in item 4 of this Instrument, for the first 12 month period of the applicant’s stay in Australia; and

b.             sufficient funds to meet the following costs or expenses of each member of the family unit applicant making a combined application with the primary applicant, as specified in item 5 of this Instrument:

                                       i.              travel expenses; and

                                     ii.              living costs and expenses in item 4 of this Instrument, for the first 12 month period of the applicant’s stay in Australia; or

c.              must give to the Minister evidence of financial capacity of the primary applicant’s spouse’s annual income above an amount specified in item 7 and item 8 of this Instrument.

4.             SPECIFY the following annual living costs and expenses per applicant that satisfies the minimum requirements specified in item 1, item 2 and item 3 of this Instrument :

a.              Student: $19,830 AUD;  

b.             Student Guardian: $19,830 AUD;

c.              Spouse or de facto partner: $6,940 AUD;

d.             Any dependent children: $2,970 AUD.

5.             SPECIFY the following evidence of financial capacity that satisfies the requirements specified in item 1, item 2 and item 3 of this Instrument:

a.              money deposit with a financial institution;

b.             loan with a financial institution;

c.              government loans; and

d.             scholarship or financial support.

6.             SPECIFY for the purposes of subclause 500.214(3) of Schedule 2 to the Regulations, for each child of school-age seeking to satisfy the secondary criteria for the grant of Subclass 500 (Student) visa, the evidence to be provided by the applicant of either:

a.              the annual minimum amount for schooling of $8000 per annum; or

b.             enrolment in a course at a State or Territory government school where the fees have been waived and the applicant meeting the primary criteria is enrolled in a course as a:

                                       i.              doctoral degree student; or

                                     ii.              Foreign Affairs student; or

                                   iii.              Defence student; or

                                   iv.              Commonwealth sponsored student.

7.             SPECIFY the following annual income amounts that satisfies the minimum requirements specified in item 1, item 2 and item 3 of this Instrument:

a.              $60,000 AUD for an individual Subclass 500 (Student) visa applicant; or

b.             $70,000 AUD if:


 

                                       i.              one or more of the members of the applicant’s family unit are seeking to satisfy the secondary criteria for a Subclass 500 (Student) visa; or

                                     ii.              for Subclass 590 (Student Guardian) visa applicants.

8.             SPECIFY as evidence of annual income amount that satisfies the requirements specified in item 1, item 2 and item 3 of this Instrument, official Government documentation of personal income that has been issued in the 12 months immediately before the application is made.

This Instrument, Evidence of Financial Capacity for Subclass 500 (Student) Visas and Subclass 590 (Student Guardian) Visas 2016/018, IMMI 16/018 commences immediately after the commencement of Schedule 4 of the Migration Legislation Amendment (2016 Measures No. 1) Regulation 2016.

Dated:  29 April 2016

Peter Dutton

THE HON PETER DUTTON MP

Minister for Immigration and Border Protection