Australia Student Visa Extension - Parish Patience Immigration Lawyers

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Australia Student Visa Extension

Extend your Stay - AUSTRALIA STUDENT VISA EXTENSION

Who is this visa for?

Genuine students who wish to study in Australia.

Visa Entitlements

Study full-time registered courses in Australia, from primary school to doctorate.
Accompanied by dependent family members to Australia.
You can work up to 40 hours per fortnight and your family members can generally work for a specified number of hours.
You can generally stay in Australia until your course is finished.
Multiple travels in and out of Australia.

Key Eligibility

Must have Confirmation of Enrolment (CoE) unless:

Sponsored by Department of Foreign Affairs, Defence,
Or secondary exchange student,
Or research student waiting for marking of thesis.

Must meet the minimum English requirement below if required (depending on the country and educational provider)

English language test providers	Minimum test score	Combined with 10 weeks ELICOS	Combined with 20 weeks ELICOS
(IELTS)	5.5	5	4.5
(TOEFL) paper	527	500	450
(TOEFL) internet	46	35	32
(CAE)	162	154	147
(PTE)	42	36	30
(OET)	(A&B)	N/A	N/A

English test exemption applies if the student:

Enrolled in full-time school studies as a principal course including in a secondary exchange programme, a postgraduate research course, a standalone English Language Intensive Course for Overseas Students (ELICOS), and Foreign Affairs or Defense sponsored students
Completed at least five years’ study in one or more of the following countries: Australia, UK, USA, Canada, New Zealand, South Africa, or the Republic of Ireland
Citizen and a passport from UK, USA, Canada, NZ or Republic of Ireland
Within the two years before applying for the student visa, completed, in Australia and in English either the Senior Secondary School or a substantial component of a Certificate IV or higher course while holding a student visa.

Common Mistakes Made by Student Visa Applicants

Not disclosing all relevant information
Not able to substantiate all the claims, especially in relation to the source of funds and how these funds will be accessed
Not able to demonstrate the genuine intention to study as the enrolled courses do not fit with the student’s future career plans
Unable to answer key questions during a face to face or phone interview
Failure to disclose important information intentionally or by mistake leading to the decision maker doubting the person’s character and genuineness of the case
Failure to check mistakes, information or documents provided by a third party leading to the decision maker believing they are bogus documents
Failure to take appropriate steps in assisting with Department’s background check process and verification
Combination of factors raises doubt in the decision maker’s mind that the student has no genuine intention to return to his/her home country after completing the courses
Enrolling in the wrong courses leads to difficulties in future studies, not completing courses or achieve desired academic performance, causing severe stress and result in serious physical and psychological health issues. It may also cause difficulties in further visa applications or even have student visa cancelled for serious breaches.
Not understanding the student visa conditions after the visa grant and in breach of these conditions, resulted in visa being cancelled.

Evidence of Financial Capacity

All applicants must declare that they have genuine access to funds whilst studying in Australia. If required, they must provide evidence of their financial capacity.

Funds to cover travel to Australia for first 12 months of living costs for the student and accompanying family members, as well as course fees for the student (from $8,000 for vocational, $20,000 for tertiary per year) and school aged dependents. Living cost per annum for student $21,041; partner $7,362, child $3,152. And $8,296 for school fees for dependants unless exempt such as PhD or Australian Government scholarship students); or
Evidence that student meets the annual income requirement (gross personal taxable income of student’s parents combined excluding in-laws, or spouse not joining the student for not less than $62,222 per year, or $72,592 if come with dependents); or
An Acceptance Advice of Secondary Exchange Students (AASES) form (secondary exchange students only); or
A letter of support from the Department of Foreign Affairs and Trade or Department of Defence.

(Students are advised to demonstrate more than the minimum required fund for the visa especially if you are applying from a high risk country.)

The types of evidence that are permitted are:

Money deposit(s) with a financial institution (bank statements, term or fixed deposits etc)
Loan with a financial institution (credit cards or line of credit facility are only acceptable if funds are withdrawn)
Government loan
Scholarship or financial support
Property items are not acceptable.

(Must be from an acceptable financial institution, country dependent)

Genuine Access to Funds

For a successful visa outcome, students must demonstrate that they have genuine access to these funds. The decision makers will look at the following:

The employment history of the applicant/person providing the funds.
The income and assets of the applicant/person providing the funds.
The source of the income used to meet the financial requirements (for example, if the student is relying upon funds from a third party i.e. a family friend), and the nature of the relationship between the applicant and the person providing the funds.
If the person providing the source of income has provided financial support for another student.
If the student has previously been granted a visa, any information in relation to their ability to meet their financial requirements while they were in Australia.
The immigration activities in Australia of other nationals from the applicant’s home country.

(Applicants are advised to provide genuine and persuasive evidence demonstrating they have access to these funds. More evidence should be provided in higher risk countries.)

Genuine Temporary Entrant Criterion (GTE)

The GTE requirement can be the most difficult requirement to meet for many students, where the ultimate interpretation of the criterion is at the full discretion of visa case officers or tribunal members.

In assessing whether an applicant is a genuine student, the decision maker would generally have regard to all circumstances of the student visa applicants in relation but not limited to the following:

1. Country of profiles of the student’s home country, which may include political upheavals, natural disasters, general visa compliance and visa frauds from other visa applicants.

2. Applicant’s or a relative of the applicant’s past immigration history to Australia and other countries

including past visa compliance and non-compliances
whether applicant has previously applied for temporary or permanent visas
whether these visas were granted or refused, cancelled
the amount of time spent on these visas and the likelihood of using student visa to prolong student’s stay
whether the student has undertaken a series of short, inexpensive courses, or remained on student visa for some time without successfully completing a qualification

3. Applicant’s own circumstances in their home country and applicant’s potential circumstances in Australia

Family and community ties with student’s home country and Australia
Economic and employment prospect in Australia and home country
Military service commitments

4. The course(s) the student wishes to study

whether it is consistent with their current level of education
whether they will assist the student to obtain or improve employment prospect in their home country
any changes to career or study pathways should be reasonable
whether the student has reasonable reasons for not undertaking the study in their home country or region if similar course is available.
relevance of the course to the student’s past or proposed future employment in their home country or third country.
remuneration the student would expect to receive in home or third country compared to Australia after completing the intended course

5. Whether the student and dependant spouse have entered into a relationship for visa purposes (contrived relationship)

6. Student’s knowledge of living in Australia, their intended course of study and the educational provider. It could be based on the student’s previous studies and qualifications, and realistic expectation of the level of the student’s research into their course of study, living arrangement etc

7. Applicant’s and financial sponsor’s ability to fully support the student’s costs in Australia, whether the student has genuine access to the funds.

Talk to Experts

Need assistance in your next visa application process?

If you need to apply for a visa and want the process as smooth of an experience possible, talk with one our Migration Experts. Alongside their expert knowledge about migration laws they will make sure your application goes through quickly so that all eyes can stay on what really matters you.

You can be confident in your decision to get assistance from Parish Patience as an immigration lawyer. Our team of experts will provide you with the best service and advice possible for all visa needs, so don’t hesitate any longer!

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