How Canada Student Visas for Indians have increased in last 5 years?

Canada Student Visas for Indians have increased phenomenally in the last five years. In 2017 around 75,000 Study Visas were offered by Canada to Indian students. It is projected that the numbers will reach 1, 25,000 in 2018.

The numbers of Indian students who are receiving the Canada Student Visas are increasing significantly year-on-year. The figures for 2016 were 52, 870, as quoted by the Hindu Business Line.

Sl no	Year	Numbers of Canada Student Visas approved for Indians
1.	2018	1, 25, 000*
2.	2017	75,000
3.	2016	52, 870
4.	2015	48, 730
5.	2014	39, 100

* Projected figures

India has emerged as the second largest source nation for Overseas Students in Canada. This is among 170 nations whose students arrive annually to the Maple Leaf Nation.

The increase in numbers of Indian students in Canada is a part of ongoing and larger trend. During the period 2008 to 2015, the population of overseas students in Canada enhanced by 92%. The figures reached 350,000 as per the Canadian Bureau for International Education. Especially noteworthy is the increase in the numbers of Indian students in Canada, said CBIE.

Toronto University officials have said that a 75% increase in enrollments of Indian students was witnessed in 2017 spring.

Canada has thus emerged as one among the top most sought-after hub for overseas higher education said the Expert.

The Top 10 Universities in Canada for Indian Students:

1. Toronto University
2. British Columbia University
3. University of McGill
4. University of McMaster
5. Montreal University
6. Alberta University
7. Waterloo University
8. Calgary University
9. University Dalhousie
10. University of Laval

Key2Visas offers a wide range of Visa and Immigration products as well as services for aspiring overseas immigrants and students including Student Visa for Canada, Work Visa for Canada, Canada Migrant Ready Professional Services for Express Entry Full Service, Canada Migrant Ready Professional Services for Express Entry PR Application,  Canada Migrant Ready Professional Services for Provinces, and Education Credential Assessment. We work with Regulated Immigration Consultants in Canada.

Do you know how to improve your chances of getting an Australian PR?

Each year many international students move to Australia for higher studies. Many of them aspire to settle down in Australia after completing their studies. The most common way for students to settle in Australia is by applying for Permanent Residency through the Skilled Independent Visa (Subclass 189).

General Skilled Migration (GSM) is run by the Department of Home Affairs and is solely dependent on the labor market needs of Australia. Studying in Australia alone does not guarantee a PR but there are ways to improve the chances of getting the same.

What are the requirements of GSM?

1. You need to meet the Australia Study Requirement. This means that you should have completed a study course in Australia of at least 2 years duration. Online and distance education will not be considered. You may make up for the 2-year duration by studying multiple courses in Australia.
2. You should be between the age of 18 and 45
3. You need to have a minimum score of 6 on IELTS or an equivalent in PTE or TOEFL.
4. You need to nominate an occupation on the Skilled Occupation List of Australia. You also need to hold a positive Skill Assessment for your nominated occupation.

How to improve your chances for the GSM program?

1. Stay in Australia: You should apply for the Subclass 485 (Temporary Graduate) Visa after completing your course. There are two streams under the Subclass 485 Visa- the Graduate stream and the Post-Study Work Stream. The Graduate stream allows you to work in Australia for up to 18 months and the Post-Study Work Stream allows you to work for 2 to 4 years in Australia. You can gain valuable Australian work experience during this time and also improve your English language proficiency. Australian work experience earns you additional points on the GSM point’s grid, as quoted by the Australian.
2. Get an advanced qualification: It is worth building on your knowledge and skill set by getting an advanced qualification. This means moving on from your diploma to a Bachelor’s degree or from your Masters to a doctoral degree. A diploma earns you 10 points on the GSM point’s grid whereas a Bachelors/ Masters get you 15. A doctoral degree earns 20 points on the GSM grid.
3. Improve your English skills: Getting a Competent score on English which is a score of 6 on IELTS makes you eligible but does not get you any points for language proficiency. Proficient English, that is, a score of 7 on IELTS will get you 10 points. Superior English or an IELTS score of 8 will get you 20 points.
4. Study in a regional area: Candidates who complete their Australia Study Requirement of 2 years from a regional area get an additional 5 points.
5. Gain meaningful work experience: The more the numbers of years of experience you gain in your nominated occupation, the more you earn points. As little as a year of work experience in Australia can earn you an additional 5 points. You can also earn work experience points for your previous work experience in the nominated occupation overseas.
6. Consider your age: Age can greatly affect your points. You get the maximum points for age if you are between the age group of 25 to 32, which is 30 points.
7. Complete a PYP: A Professional Year Program is a professional development program that combines formal education and work experience. Candidates who complete a year-long PYP not only earn Australian work experience but also get an additional 5 points.PYP’s are currently available in the fields of Computer Science, Engineering, and Accounting. The course must be taken in your nominated occupation or a closely related occupation in order to be eligible for additional points.

Australia runs one of the largest immigration programs of the world with an annual quota of 190,000 for permanent migrants. Nearly 70% of the quota is reserved for skilled migrants who bring in some of the most in-demand skills to Australia. Australia issues around 128,000 PR Visas to skilled migrants every year.

Nurses, secondary school teachers, electricians, metal fitters, motor mechanics, carpenters and joiners are some of the most in-demand jobs in 2018.

According to SBS, Australia has reserved 17,300 places for nurses under the Subclass 189 for 2018-19. However, only 411 nurses have received invitations to apply for a visa till September 11, 2018.

The quota for electricians for the year 2018-19 is 9303, and for secondary school teachers, it is 8480. Carpenters and joiners have a quota of 8372 while metal fitters and machinists have a quota of 6979. Motor mechanics have a quota of 6099 this year.

Till date, however, only 15 electricians and 115 secondary school teachers have received an invitation. 10 motor mechanics, 6 carpenters and joiners, and only 3 metal fitters have received an invitation to apply for a visa.

There is great demand for certain occupations in Australia; however, not many people meet the eligibility criteria. India is one of the countries which is fueling Australia’s migration intake. However, Indians who are engaged in such occupations do not possess the required English proficiency or qualification thereby rendering them ineligible for Australia’s PR.

David Littleproud, Agriculture Minister, told SBS that Agriculture in Australia has a huge shortage of labor. Also, there is a massive skill shortage in Australia’s regional and rural areas.

In contrast, there are certain occupations like Accountants and Software Programmers that attract a high number of applicants. The quota for Software Programmers this year is 7200 and already 1231 invitations have been issued.

If you are looking to Study, Work, Visit, Invest or Migrate to Australia, talk to Key2visas,No.1 Immigration & Visa Company.

Australia should be proud of its immigration history: Coleman

The Morrison Govt. claims a long-term benefit worth 9.7 billion from skilled migration every year. The Immigration Minister David Coleman, in a speech on Friday, made a strong case for immigration. It signaled that the current government will defend the annual intake going against critics who are calling for radical cuts.

Coleman’s speech also suggested that Australians should expect reforms to the regional migration program. Preference would also be given to skilled workers who are sponsored by employers in Australia. He also cautioned against proposed cuts to more than 500,000 international graduates in Australia. The education sector in Australia earns four times the export revenue as beef, said Coleman.

According to The Sydney Morning Herald, Coleman said that Australia should be proud of its immigration history. Every town, every city, every church, and every sporting club of Australia has immigration success stories which should be celebrated.

In his speech to the Migration Institute of Australia, Coleman said that without immigration Australia’s economy would have been weaker and living standards lower. The Deloitte Access Economics analysis reveals that Australia gains a net fiscal benefit of 9.7 billion from immigration annually.

Immigration offsets the effects of an aging population, added Coleman. By adding workers through immigration, Australia pays for the essential services needed by all.

Coleman also emphasized the advantages of encouraging younger immigrants as it helps taxpayers recover the cost of those close to retirement age.

Education services in Australia generated almost 30 million in export revenue in 2017. This was four times the export revenue of beef and five times that of wheat.

International students in Australia had over 230,000 visitors in 2017 which helped Australia earn 994 million. 56,000 international visitors came to Australia in 2014 to attend graduation ceremonies which contributed 208 million to the Australian economy.

Students support high-skilled, high-salary jobs in the education sector which is a boon for the Australian economy.

Key2visa team includes process consultants and RMAs who facilitate applicant immigrants with issues related to immigration and visas. Our team works in collaboration with Australia’s Processing Center in Melbourne to offer services to the clients.

The services offered by Key2visas include assistance and legal advice for immigration by Registered Migration Agents and Visa Assistance.

If you are looking to Study, Work, Visit, Invest or Migrate to Australia, talk to Key2visas, the World’s No.1 Immigration & Visa Company.

Distinguished Talent Visa

A rather niche visa, the Distinguished Talent visa (subclass 124) is for those who do not fit into any other visa category but would make substantial contributions to the Australian community. Do you have what it takes? We will cover the following:

• Between 18 years and 55 years of age
• Internationally recognised achievement
• Must still be prominent
• Asset to Australia
• Employability
• Nomination
• Exemptions to age

Internationally recognised achievement

This refers to the applicant having exceptional and outstanding achievement in a profession, a sport, the arts or academic and research. The Department of Home Affairs (DOHA) considers ‘exceptional’ as applicants who are able to demonstrate extraordinary and remarkable abilities and are superior to the peers in their field, and ‘Exceptional and outstanding’ refer to applicants who are internationally recognised as leaders in their particular field.

‘Internationally recognised’ means where the applicant’s achievements have or would be acclaimed as exceptional and outstanding in any country where their relevant field is practiced. Applicants who are considered as outstanding locally are not eligible. In other words, any achievement by the applicant that is taken as exceptional and outstanding nationally, must other countries, also be taken to be exceptional and outstanding. Further to this, the field in which the applicant has sustained exceptional and outstanding achievement in must be one that is recognized in Australia and internationally.

It is also important that the applicant has a sustained record of achievement. A single achievement is not sufficient for an applicant to be considered for the purposes of the Distinguished Talent 124 visa.

The DOHA will consider the following factors when making an assessment on this requirement:

• The international standing of the country where the applicant’s achievements were realised, in respect of the particular field
• The standing of the achievement in relation to Australian standards
• The standing of the achievement in relation to international standards

Again we must emphasize that there are two requirements that must be fulfilled here; the field that the applicant is accomplished is is recognized in a number of countries include Australia and the achievement would be similarly recognized in international and Australian standards in that field.

Examples of evidence that an applicant can provide to support this include:

• Information provided by the nominator, who should provide a full account of why they believe the applicant has an exceptional and outstanding record of achievement
• Supporting statement and material provided by the applicant detailing relevant aspects of their background including their qualifications, achievements and positions held. This should include information relating to any achievements in Australia
• Supporting statements from internationally recognised individuals or organisations in the field who can pass comment on the applicant’s achievements and the applicant’s reputation within the field
• Awards or higher qualifications received from internationally recognised institutions or organisations
• Details and supporting material on sporting achievements, including:
  • national and international rankings and
  • results in competitions or tournaments and
  • statements from international sporting bodies and
  • sporting scholarships received and
  • newspaper and magazine articles attesting to achievements.
• Details and supporting material on achievements in the arts, including:
  • books published and
  • national and internationals sales achieved and
  • awards and commissions received and
  • galleries in which works are displayed and
  • scale and audience of displays held and
  • recognition by peers and
  • honours and accolades (for example, an Academy Award, or a Nobel Prize in Literature) and
  • academic qualifications associated with the applicant’s area of the arts and
  • statements from international artistic bodies and
  • newspaper and magazine articles attesting to achievements.
• Details and supporting material on academic and research achievements, including:
  • reports commissioned and
  • books published and
  • articles appearing in professional journals, magazines and newspapers and
  • awards received and
  • recognition by peers and
  • statements of achievement from government, professional, scientific or other relevant bodies and
  • honours and accolades (for example, a Nobel Prize in Medicine) and
  • professional designation such as PhD, P.Eng or M.D, whether this be purely honorary or symbolic, or associated with credentials attesting to specific competence, learning or skills and
  • membership to international groups and organisations associated with the area of learning and
  • evidence of government/private grants associated with the applicant’s area of research and
  • evidence of receiving a fellowship or honorary appointments such as Professor or Associate Professor in highly regarded educational institutions that specialise in the same field.
• Details and supporting material on professional achievements including:
  • industry awards and accolades and
  • references from current and past employers and
  • statements from prominent industry peers and
  • academic degrees or professional designations associated with the applicant’s field of work and
  • personal/professional titles (such as CEO, Lord, Knight, Right Honourable) indicating an earned rank or position within a formal power structure.

Must still be prominent

Further emphasising on the applicant having sustained record of accomplishment, this requirement asks that the applicant not only have a sustained record, but that the applicant is currently still prominent on an international level in their field. An applicant who has not been active at a high level in their field for over two years would not be considered to still be prominent.

Asset to Australia

Being a benefit to Australia can be economical, social and/or cultural. The applicant having a history or achievement in an area or field that is not generally acceptable or is offensive to the Australian community will fail to meet this requirement.

The benefit that the applicant would bring to the community:

• Should contribute to the betterment of the Australia community economically, socially or culturally, depending on the applicant’s intended field of activity, or raising Australia sporting, artistic or academic standards internationally
• Must be clearly apparent and not simply conjecture on the part of the applicant or s65 delegate.

Employability

The applicant is required to demonstrate that they would suffer little difficult in gaining employment. Evidence would include:

• Employment contracts or offers of employment related to the area of achievement. This may be evidenced by current and future employment opportunities from employers, employment/recruitment agencies, or organizations involved with the area of achievement at the national level
• Evidence of self-employment or opportunities to establish a viable business within the area of achievement
• Evidence of sponsorships, scholarships, grants or other payments intended to support the applicant while they are engaged in activities related to the area of achievement

Any income that is not related to the applicant’s area of achievement, such as personal savings, are not considered to fulfill this requirement, even if that only makes up a proportion of the means as to how they will support themselves in Australia. It may seem unfair, but an applicant who is distinguished to the degree that is required should not have difficulty in finding employment.

Nomination

This visa is a sponsored one. The sponsor must be an Australian citizen, permanent resident or an eligible New Zealand citizen or an Australian organization that has a national reputation that is relevant to the applicant’s record of achievement.

Having a national reputation means being highly regarded throughout Australia. A reputation that is confined to one state or region is not considered national. Their reputation must also be in the same field as the applicants.

The nominator must have an in-depth personal knowledge of the applicant’s exceptional and outstanding achievements as well as their own knowledge and standing in that field.

Age exemptions

Should there be exceptional benefits to Australia, the age requirement of being between 18 years and 55 years of age may be waived.

To demonstrate exceptional benefits, the applicant must provide a submission that demonstrated that approval of their application would result in exceptional benefit to the Australian community exceeding that normally required of a successful distinguished talent applicant. It is expected that the benefit would elevate the international standing of that particular field in Australia.

If the applicant is under 18, the applicant is likely to be in the field of sports. The applicant should be ranked in the top 5 internationally for their age group and the sport must be one that is:

• Played in Australia and internationally and
• Included in regular international competitions such as the Olympics

To gain the waiver of the age requirement, the applicant must also be able to show ongoing benefit to the Australian community. Applicants who are over 55 years of age will need to show that they will not be ceasing their pursuit of the activity in the field in which they were accomplished within a few years of their move to Australia. A detailed statement should outline their intentions following their settlement in Australia.

Are you of distinguished talent? Book a consultation to speak one of our highly experienced migration specialists. Call  98156 09111.

Student 500 Visa : Condition 8105

If you are on a Student 500 visa, Condition 8105 applies to you. Condition 8105 demands that student visa holders work no more than 40 hours per fortnight while their course is in session. This is what most students know. But here are some tidbits that you may not know:

• A student visa holder is not permitted to work until their course has commenced and is in session
• A student visa holder may work unlimited hours when their course is not in session
• A student visa holder who has commenced a masters by research or a doctorate course may work unlimited hours after commencing their postgraduate research course

Most important to know is how these hours are counted as we will cover below. It is very easy to misunderstand Condition 8105 and misunderstanding may result in your unintentionally breaching Condition 8105 or working less hours than you are able to. Don’t fall into it’s trap!

Work

It may seem straightforward, but for the sake of regulation, work is defined to be an activity that results in remuneration. An activity can happen without renumeration, or vice versa where remuneration is received without the activity having taken place, in which case the visa holder would not be considered to have worked.A student visa holder can be considered to have engaged in work if they:

• Have attended a place of work for a period on a roster or timesheet. Time on unpaid breaks is not considered
• Have been “clocked on” to an electronic system that records a work activity
• Have received remuneration for work and a payslip is provided to the visa holder (unless documentary evidence is provided that they were not working during this time)

It is important that we be specific, as this changes how the hours are counted. As you will see in some examples to follow, a student who is on a meal break that is unpaid or has paid time but some of that time was on medical leave, will not have those hours count towards their work limit. Examples:

• A person who undertakes a shift at a restaurant as part of a roster is engaged in work, but is not considered to be working during their rostered unpaid meal break
• A taxi driver who has signed in and is ready to receive passengers is considered to be working, until at such time as they sign out for a break or when their shift has ended
• A person has a payslip indicating they were paid for 25 hours work in one fortnight, but can provide a medical certificate that they were at home unwell for 15 of these 25 hours, meaning that they only worked for 10 of those hours

Volunteer work

Student visa holders may undertake volunteer work outside of the 40 hour work limitation per fortnight if:

• Their main purpose is to study in Australia and any voluntary work is secondary, and
• The work involved would not otherwise be undertaken by an Australian citizen, permanent resident or eligible New Zealand citizen, and
• The work is genuinely voluntary for a non-profit organisation and that no remuneration, in cash or otherwise, is received by the visa holder for their work

Unpaid work that does not conform to the description of volunteer work will be considered as work and count towards the work limitation.

Calculating work hours

Technically, a fortnight is defined as the period of 14 days commencing on a Monday. Therefore the end of any fortnight would be at the end of the second following Sunday. The 40 hours a fortnight:

• Relates to each fortnight during which the course of study or training is in session
• Cannot be averaged out over the duration of the course

Here is an example for clarity. A student visa holder works the following hours over a four week period after the course has commenced:

Week 1: 15 hours work
Week 2: 25 hours work
Week 3: 25 hours work
Week 4: 10 hours work

Here’s the kicker; the student visa holder cannot have worked over 40 hours in any fortnight. It is not counted cyclically. The student visa holder would not have breached their work conditions in the fortnight of weeks 1 and 2, where they have worked 40 hours worked or in the fortnight of weeks 3 and 4, where they have worked 35 hours. Unfortunately, the visa holder has breached their work conditions in the fortnight of  weeks 2 and 3 where they have worked 50 hours. It can be confusing and would be easiest if a student visa holder were to engage in a flat 20 hours of work a week or less, but if not, this is very important to know.

Work that is a component of the course

Work that is undertaken as s a registered component of the student’s course of study or training for the award to be obtained is not taken to count towards the 40 hours of work per fortnight limitation.

Is a course “in session”?

A course is considered to be ‘in session’:

• For the duration of the advertised semesters, including the periods when exams are being held
• If the studies have been completed but the Certification of Enrolment (CoE )is still in effect. The exception is masters by research or PhD students who have submitted their thesis. In such a case, the course is considered to be out of session once the student has submitted their thesis for marking, regardless of whether the CoE is still in effect. This enables them to work unlimited hours while they wait for their thesis to be marked
• If a student is undertaking another course during a break from their main course and the points will be credited towards their main course

A educational provider may allow for a student visa holder to defer or suspend their enrolment on the basis of compassionate or compelling circumstances. This would require an extension of the CoE for compassionate or compelling reasons (circumstances beyond the control of the student and which have an impact on the students’ course progress or wellbeing). In this situation the student visa holder would be considered to be “out-of-session” and there is no restriction on hours of work permitted.

Students who complete their course as scheduled and are out of session have unlimited authority to work whilst they still hold a valid student visa.

Students whose enrolment has been cancelled due to the default of their education provider also will have the ability to work without limitation until they secure alternative enrolment and commence the new course.

Working between courses and student visas

Have you been granted a further student visa or are waiting for the grant of a further student visa? Under certain circumstances, a student will be allowed to work between courses and visas:

• Students who have been granted or have applied for a further student visa (including those on a bridging visa that was granted based on a student visa application) that is for the purpose of enabling them to complete a course for which an initial visa was granted, such as where an initial CoE is extended, may continue to work
• Students on a visa associated with a package of courses may continue working between courses

Students who have completed a course of study and have been granted or have applied for a student visa (including those on a bridging visa that was granted based on a student visa application) for the purpose of undertaking a different course of study, are required to stop working from the grant date of the new visa and cannot work until the new course commences.

Are you confused about your work rights? It can be confusing especially if you are taking multiple courses or for one reason or another are embarking on a further student visa to complete your course. Need advice?

Key2visas can help. Our specialist team is experienced in getting our clients from student visas all the way to permanent residency and ultimately citizenship. Call 98156 09111.

Australia -Orphan Relative Visa

Do you have a child family member who has recently lost the care of their parents?  If you are thinking of bringing them into Australia to care for them, they may be eligible for the orphan relative visa. This is a sponsored visa and it requires an eligible sponsoring relative to apply on behalf of the child.

It is a complicated situation to have to deal with but if a child needs help from relatives in Australia, this is something that should be taken care of quickly and as drama free as possible.

Australian relative

An eligible Australian relative who may sponsor a child must:

• Be an Australian citizen, permanent resident or eligible New Zealand citizen

The definition of relative under Department of Home Affairs (DOHA) for the purposes of this visa are the following relationships:

• A child
• A parent
• A brother
• A sister
• A grandparent
• A grandchild
• An aunt
• An uncle
• A niece
• A nephew

Step relationships are included.

It is important to prove the relationship. This can be done through proving:

• Birth certificates
• Marriage certificates
• Family status certificates that are officially issued and maintained
• Family books that are officially issued and maintained

If the applicant is a niece of the sponsor, the documents to provide would be the applicant’s birth certificate showing the applicant’s parents, the birth certificate of the sponsor’s parent whose sibling is the applicant’s sibling, and the birth certificate of the sponsor, showing that the sponsor and the applicant’s parent share the same parents.

In unfortunate cases where it is hard to procure the documents stated, the following may be used instead:

• Medical records
• Taxation records
• Health insurance
• Social security records
• Wills and testaments
• Departmental records

As these documents have less bearing, at least two different types of such documents must be used to support each line of relationship.

Orphaned child

The child must be:

• Under 18 years of age at the time of visa application
• The child cannot have a spouse or partner

Parents’ inability to provide care

A child cannot be cared for if it is clear that the child is not currently being cared for and will continue not to be cared for in the foreseeable future by a parent. Please be mindful that this has no bearing on the willingness of parents to provide care, but that they cannot.

Both parents must be unable to care for the child. A child is not an orphaned relative if one parent is alive, whose whereabouts are known and is not permanently incapacitated. There are three eligibility categories:

• Parents are dead
• Parents are permanently incapacitated
• Parents whereabouts are unknown

Parents are dead

In this circumstance, the child’s birth certificate (as proof of relationship) as well as the parent’s death certificates, or court order as to presumption of death.

However in countries where official documentation is unavailable or unreliable, the DOHA will seek evidence from a wide range of sources to determine whether the parents are dead. Evidence that could be considered in these circumstances include:

• Photos of the burial site(s)
• An explanation of what steps have been taken to obtain official documentation regarding birth, death and marriages
• Former applications by the sponsor (who may have been a former Protection visa applicant.)
• Death certificates from hospitals/medical centres
• Interviews with or accounts by various relatives/family friends/witnesses

In this situation, officers should be cautious about relying too heavily on evidence from any single source, but should instead seek to reach an overall conclusion based on all the evidence available.

Parents are permanently incapacitated

Incapacitation refers to physical or mental impairment but may include other situations. It is important that the incapacity directly and significantly impacts their ability to care for the child. In the case of physical or mental impairment, it is necessary that this is supported by a medical report of background report from the child’s social worker. The report should describe:

• The nature of the parent’s disability and when it was diagnosed, and
• The nature and degree, if any, of incapacity caused by the disability, and
• Whether medical opinion supports a view that the incapacity is permanent (and if so, why), and
• Available treatment (if any) for the disability, and
• Prognosis

Do remember that one of the eligibility requirements is that the parents are unable to be continue caring for the child for the foreseeable future. A temporary ailment will not meet these requirements.

Other situations include where:

• The child has been removed by court order from the parent’s custody and the reason for removal was the parent being considered to be an unfit parent, provided the reason why the court considered the parent to be an unfit parent is similar to Australia’s social and welfare values
• There are very strong cultural factors preventing a parent from exercising their normal parental responsibilities

In other situations, the DOHA will have to examine if there is truly incapacity and if it is permanent.

If the parents’ whereabouts are unknown

Any claims that a child’s parents whereabouts are unknown is one that must be investigated as it more a claim then the above categories. The DOHA will look at:

• The persons interviewed in regards to the parents’ disappearance and should be asked how thoroughly (and what, if any) efforts have been made to locate the parent and
• The time that has elapsed between the parent’s disappearance and the child’s visa application and the arrangements for the child’s care during that time

Child’s best interest

At the end of the day the visa is granted in the best interests of the child. Any reason that the DOHA finds in the application or through their investigations that the grant of the visa is not in the best interests of the child they may choose to interview the child to see if the child understands their situation and what the visa means for them.

The need for this visa means trying times. If you need help, book a consultation to our visa specialists,  who are well versed in the intricacies of immigration law. Call 98156 09111.

Student Visa (Subclass 500): Financial Capacity Requirement

The financial capacity requirement is an important criterion when the Department of Home Affairs (DOHA) is assessing a Student visa (subclass 500) application. The applicant must have genuine access to sufficient funds to cover the expenses that they and any accompanying family members may incur during their intended stay in Australia. All applicants are required to declare that they meet this criteria. Depending on a combination of your citizenship as well as your education provider, you may be required to provide further evidence to support this.

Amount of funds to demonstrate

In demonstrating that one meets the requirements, the following may be provided:

Money deposit(s) with a financial institution: Bank statements. Term or fixed deposits may be used if the money will be released and the applicant will have genuine access to the funds

Loan with a financial institution: May include credit cards and line of credit

Financial support from a government, education provider or international organisation: Supporting documentation from the relevant organisation confirming and describing the scholarship or financial support needs to be provided. Note that additional funds may need to be demonstrated if there is are family members to cover

The specific amounts based on the applicant’s situation may be found in this legislative instrument.

Sufficient funds for travel, living, tuition and school costs

The total amount of funds that needs to be shown is the sum of:

• The living cost amount defined this legislative instrument for the first 12 months or pro rata amount
• Tuition fees for the first 12 months
• Travel costs for the applicant (flights)

First 12 months

The first 12 months, if the application is made outside Australia, starts from the applicant’s expected arrival in Australia. If the application is made in Australia, the first 12 months starts on the day the student visa is expected to be granted.

If the intended stay is less than 12 months, the evidence of funds that needs to be provided will be on a pro rata amount.

Using annual income

If the applicant is unable to provide the specified evidence of income, funds for travel costs and the first 12 months of living costs, tuition and school costs, they may use annual income as a means of demonstrating financial capacity. It is important that the income is of the spouse, de facto partner or parents. In the case of using income from parents, income may come from both parents and only the applicant’s parents are eligible. Income from parents-in-law is not accepted.

The applicant must also show that they have genuine access to the funds. For example, if the income stream were the spouse’s and the spouse is to accompany the applicant to Australia, that income would no longer be accessible. Alternative methods of proving that there is financial capability must be provided.

Genuine access to funds

It is important not only to show that you have sufficient funds but also to have genuine access to funds. The DOHA will pull on these factors when considering if the applicant actually has genuine access to funds:

• The source of the income used to meet the financial requirements (for example, if the applicant is relying upon funds from a third party, and the nature of the relationship between the applicant and the person providing the funds)
• The employment history of the applicant or person providing the funds
• The income and assets of the applicant or person providing the funds
• If the person providing the source of income has provided financial support for another student visa applicant (see sibling student visa applicants or visa holders and student guardians)
• Any information which the DOHA has in relation to their financial status from the applicant having previously applied for or been granted a visa
• The immigration activities in Australia of other nationals from the applicant’s home country that may provoke further investigation into the genuine intentions of the applicant

Accounts

• If the money accounts are held in the applicant’s name
• Whether the money is a lump sum amount or has been accumulated over time (such as in savings), or if there have been recent huge deposits
• Where the money is held
• The applicant’s age
• Family circumstances

Loans

• If the loan is for a considerable amount more than required
• If the loan was taken out a significant period before the visa application was made
• If the loan was provided as support for another student
• Business loans are not eligible

Government loans, scholarships or financial support

• If the support is from student’s education provider in Australia
• If the support is from Australian Commonwealth Government
• If the support is from government of a State or Territory in Australia
• If the support is from the national government of a foreign country
• If the support is from a provincial or state government of a foreign country that has the written support of the national government of that foreign country
• If the support is from an international organisation that operates across several countries (for example an agency of the United Nations)

Sibling students and student guardians

If the applicant has a sibling is a student visa applicant or student visa holder, or if the applicant has a student guardian who will be accompanying them to Australia, the DOHA will assess if the evidence provided for the applicant is the same as has been provided for their sibling or guardian. The evidence will also need to present sufficient funds to cover the costs of both students.

Combined application (secondary applicants)

• The living cost amount defined this legislative instrument for the applicant and the accompanying family members for the first 12 months or pro rata amount
• The student’s tuition fees for the first 12 months
• The school costs for all school-age dependents for the first 12 months or pro rata amount and
• Travel costs for the applicant and all family members.

Subsequent entrants

Subsequent entrants, if required to provide documentation on their financial capacity, will need to show:

• Evidence that the primary applicant’s spouse/de facto partner or parents have a specified annual income or
• Evidence of sufficient funds to cover travel costs, and the first 12 months’ living costs and tuition costs for themselves and each family applicant, including those family members who already hold an associated student visa

The amount that is required to be shown is the same as that required in making a combined application. The 12 month period begins from when the subsequent entrant enters Australia, and not when the student visa applicant or holder entered Australia (a student visa holder may already have been in Australia for some time).

Situations in which DOHA may request more evidence

The DOHA may request for more or specific evidence if there are concerns about the application. Here are some circumstances in which DOHA may request further documentation:

• If the student has changed course since their visa was granted and is now studying at an education provider that would have resulted in the student having to demonstrate funds as part of their visa application. Requesting funds from family members in this situation would generally be appropriate only if the student has been studying for less than 12 months on their current visa
• Specific intelligence exists that raises concerns about the family members, the student’s or the entire family unit’s financial capacity
• If the applicant has been granted a visa previously, any information that the DOHA has in relation to their ability to meet their financial requirements while they were in Australia
• If the applicant has previously applied for a visa, any information that the DOHA has in relation to their ability to provide for their living costs while in Australia
• If the applicant has declared in their application that they do not have sufficient funds for the entire period of stay in Australia