Migration (LIN 19/198: Evidence of financial capacity—Subclass 500 Visa and Subclass 590 Visa) Instrument 2019

I, Michael Willard, Delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, make the following legislative instrument.

Dated 4 October 2019

Michael Willard

Acting Senior Executive Service, Band Two and

Delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural

Affairs

Contents

Part 1- Preliminary 1

1 Name.........................................................1

2 Commencement..................................................1

3 Authority...................................................... 1

4 Definitions..................................................... 1

5 Schedules......................................................2

Part 2—Requirements for applicants 3

6 Subclause 500 (Student) visa—primary applicants............................3

7 Subclause 500 (Student) visa—secondary applicants..........................5

8 Subclass 500 (Student) visa – secondary applicants not included in the primary

student visa holder’s application....................................6

9 Subclass 590 (Student Guardian) visa – primary applicants......................8

10 Evidence of financial capacity........................................9

11 Pro rata equivalent...............................................10

Schedule 1—Repeals 11

Migration (IMMI 18/010: Evidence of financial capacity for Subclass 500 (Student)

visas and Subclass 590 (Student Guardian) visas) Instrument 2018 (F2018L00032) 11

Part 1- Preliminary

1 Name

(1) This instrument is the Migration (LIN 19/198: Evidence of financial capacity— Subclass 500 Visa and Subclass 590 Visa) Instrument 2019.

(2) This instrument may be cited as LIN 19/198.

2 Commencement

This instrument commences on the day after registration on the Federal Register of Legislation.

3 Authority

This instrument is made under the following subclauses of Schedule 2 to the Regulations:

(a) 500.214(4);

(b) 500.313(4);

4 Definitions

Note 1: A number of expressions used in this instrument are defined in the Regulations

including the following:
AASES form;

course of study;

Defence student;

dependent child;

financial institution;
Foreign Affairs student;
nominating student;
school-age dependant;
student visa.

Note 2: A number of expressions used in this instrument are defined in the Act including the

following:

de facto partner;

member of the family unit;

spouse.

Migration (LIN 19/198: Evidence of financial capacity—Subclass 500 Visa and 1 Subclass 590 Visa) Instrument 2019

In this instrument:

Act means the Migration Act 1958.

primary applicant means an applicant seeking to satisfy the primary criteria for a Subclass 500 (Student) visa.

primary Student Guardian applicant means an applicant seeking to satisfy the primary criteria for a Subclass 590 (Student Guardian) visa.

primary student visa holder means a person of whom the secondary applicant is a member of the family unit, and who holds a student visa on the basis of satisfying the primary criteria for that visa.

Regulations means the Migration Regulations 1994.

secondary applicant means an applicant seeking to satisfy the secondary criteria for a Subclass 500 (Student) visa.

secondary Student Guardian applicant means an applicant seeking to satisfy the secondary criteria for a Subclass 590 (Student Guardian) visa.

secondary student visa holder means a person who holds a student visa on the basis of satisfying the secondary criteria for that visa because they are a member of the family unit of the Primary Student Visa Holder.

5 Schedules

The instrument that is specified in Schedule 1 to this instrument is amended or

repealed as set out in the applicable items in the Schedule concerned.

Part 2—Requirements for applicants

6 Subclause 500 (Student) visa—primary applicants

(1) For the purposes of subclause 500.214(3) of Schedule 2 to the Regulations, a primary applicant must give to the Minister evidence of financial capacity that satisfies the requirements of subsections (2), (3), (4), (5) or (6).

Note: For primary applicant, see section 4 of Part 1 to this instrument.

(2) The evidence of financial capacity

(a) is in the form specified in section 10; and

(b) demonstrates that the primary applicant has sufficient funds available to meet the following costs and expenses of the primary applicant:

(i) travel expenses; and

(ii) the following living costs and expenses:

(A) if the primary applicant intends to stay in Australia for a period of 12 months or more – AUD21,041 (annual living costs); and

(B) if the primary applicant intends to stay in Australia for a period of less than 12 months – the pro rata equivalent of annual living costs, calculated as specified in section 11; and

(iii) the following course fees, minus any amount already paid:

(A) if the duration, or the remainder, of the primary applicant’s period of study in Australia is less than 12 months – the fees for the course of study or the remaining components of the course of study; or

(B) If the duration, or the remainder, of the primary applicant’s period of study in Australia is more than 12 months – course fees for the first 12 months of the period study in Australia; and

Note : The period of study is the period beginning at one of the following commencement periods and ending on the final day of the applicant’s final course of study:

(a) if the applicant’s first course of study commenced after the date of application – on the first day of the first course of study; or

(b) if the applicant’s first course of study commenced before the date of application – on the date of application.

() demonstrates that the primary applicant has sufficient funds available to meet the following costs and expenses of each secondary applicant making a combined application with the primary applicant:

(i) travel expenses; and

Migration (LIN 19/198: Evidence of financial capacity—Subclass 500 Visa and 3 Subclass 590 Visa) Instrument 2019

(ii) for each secondary applicant who intends to stay in Australia for a period of 12 months or more – the following costs (annual living costs):

(A) for a spouse or de facto partner - AUD7,362 and

(B) for a dependent child - AUD3,152; and

(iii) for each secondary applicant who intends to stay in Australia for a period of less than 12 months – the pro rata equivalent of annual living costs, calculated as specified in section 11; and

(iv) the following school fees for each school-age dependant:

(A) if the school-age dependant intends to stay in Australia for more than 12 months - AUD8,296 (annual school costs); or

(B) if the school-age dependant intends to stay in Australia for less than 12 months – the pro rata equivalent of annual school costs, calculated as specified in section 11; or

(C) if the school-age dependant is enrolled in a course of study at a State or Territory government school where the fees have been waived, and the Primary Applicant is enrolled in a course as a doctoral degree student, a Foreign Affairs student, a Defence student or a Commonwealth sponsored student – nil.

Note: For secondary applicant, see section 4 of Part 1 to this instrument

(3) The evidence of financial capacity:

(a) is official Government documentation of personal income that has been issued in the 12 months immediately before the application is made; and

(b) demonstrates that the primary applicant’s parent, spouse or de facto partner has a personal annual income, in the 12 months immediately before the application is made, that is:

(i) if there is no secondary applicant– at least AUD62,222; or

(ii) if there is a secondary applicant – at least AUD72,592.

(4) The evidence of financial capacity is the primary applicant’s completed AASES form.

Note: AASES form is defined in regulation 1.03 of the Regulations to mean for a secondary exchange student, an Acceptance Advice of Secondary Exchange Student form from the relevant State or Territory education authority, containing the following declarations:

(a) a declaration made by the student’s exchange organisation, accepting the student;

(b) a declaration made by the student’s parent, or the person or persons having custody of the student, agreeing to the exchange.

4 Migration (LIN 19/198: Evidence of financial capacity—Subclass 500 Visa and Subclass 590 Visa) Instrument 2019

(5) If the primary applicant is a Foreign Affairs student – the evidence of financial capacity is a letter of support from the Department of Foreign Affairs and Trade.

(6) If the primary applicant is a Defence student – the evidence of financial capacity is a letter of support from the Department of Defence.

7 Subclause 500 (Student) visa—secondary applicants

(1) For the purposes of subclause 500.313(3) of Schedule 2 to the Regulations, a secondary applicant who is included in the primary student visa holder’s application, must give to the Minister evidence of financial capacity that satisfies the requirements of subsection (2), (3), (4), (5) or (6).

(2) The evidence of financial capacity:

(a) is in the form specified in section 10; and

(b) demonstrates that sufficient funds are available to meet the costs and expenses of the primary student visa holder set out in subparagraphs 6(2)(b)(i) to (iii) of this Part; and

(c) demonstrates that sufficient funds are available to meet the costs and expenses of each secondary applicant making a combined application with the primary student visa holder specified in paragraphs 6(2)(c)(i) to (iv) of this Part.

(3) The evidence of financial capacity:

(a) is official Government documentation of personal income that has been issued in the 12 months immediately before the application is made; and

(b) demonstrates that the primary student visa holder’s parent, spouse or de facto partner has a personal annual income that is at least AUD72,592.

(4) If the primary student visa holder is a Foreign Affairs student and has provided a letter of support mentioned in subsection 6(5) of this Part – the evidence of financial capacity is the letter of support if the letter of support indicates that the Department of Foreign Affairs and Trade will meet the living costs and expenses of each secondary applicant.

(5) If the primary student visa holder is a Defence student and has provided a letter of support mentioned in subsection 6(6) of this Part – the evidence of financial capacity is the letter of support if the letter of support indicates that the Department of Defence will meet the living costs and expenses of each secondary applicant.

Migration (LIN 19/198: Evidence of financial capacity—Subclass 500 Visa and 5 Subclass 590 Visa) Instrument 2019

(6) If:

(a) the primary student visa holder is a Foreign Affairs student or a Defence student and has provided a letter of support mentioned in subsection 6(5) or (6) of this Part; but

(b) the letter of support does not indicate that the relevant department will meet the living costs and expenses of each secondary applicant;

then the evidence of financial capacity:

(c) demonstrates that sufficient funds are available to meet the costs and expenses of the secondary applicant specified in paragraphs 6(2)(c)(i) to (iv) of this Part.

8 Subclass 500 (Student) visa – secondary applicants not included in the primary student visa holder’s application

(1) For the purposes of subclause 500.313(3) of Schedule 2 to the Regulations, a secondary applicant (the first secondary applicant), who is not included in the primary student visa holder’s application, must give to the Minister evidence of financial capacity that satisfies the requirements of subsection (2), (3), (4), (5) or (6).

(2) The evidence of financial capacity:

(a) is in the form specified in section 10; and

(b) demonstrates that sufficient funds are available to meet the costs and expenses of the primary student visa holder specified in subparagraph 6(2)(b)(ii) of this Part; and

(c) demonstrates that sufficient funds are available to meet course fees for any component of the primary student visa holder’s course of study which will be completed while the first secondary applicant is in Australia, up to an amount equivalent to fees for 12 months of the course of study, minus any amount already paid; and

(d) demonstrates that sufficient funds are available to meet the costs and expenses of each secondary student visa holder and that the first secondary applicant has sufficient funds available to meet their own costs and expenses, and the costs and expenses of each additional secondary applicant making a combined application with the first secondary applicant, specified in subparagraphs 6(2)(c)(ii) to (iv) of this Part; and

(e) demonstrates that the first secondary applicant has sufficient funds available to meet their own travel expenses and the travel expenses of all additional secondary applicants making a combined application with the first secondary applicant.

6 Migration (LIN 19/198: Evidence of financial capacity—Subclass 500 Visa and Subclass 590 Visa) Instrument 2019

(3) The evidence of financial capacity:

(a) is official Government documentation of personal income that has been issued in the 12 months immediately before the application is made; and

(b) demonstrates that the primary student visa holder’s parent, spouse or de facto partner has a personal annual income that is at least AUD72,592.

(6) If:

(a) the primary student visa holder is a Foreign Affairs student or a Defence student and has provided a letter of support mentioned in subsection 6(5) or (6) of this Part; but

(b) the letter of support does not indicate that the relevant department will meet the living costs and expenses of each secondary applicant;

then the evidence of financial capacity:

(c) demonstrates that sufficient funds are available to meet the costs and expenses of each secondary student visa holder and that the first secondary applicant has sufficient funds available to meet their own costs and expenses, and the costs and expenses of each additional secondary applicant making a combined application with the first secondary applicant, specified in subparagraphs 6(2)(c)(ii) to (iv) of this Part; and

(d) demonstrates that the first secondary applicant has sufficient funds available to meet their own travel expenses and the travel expenses of all secondary applicants making a combined application with the first secondary applicant.

Migration (LIN 19/198: Evidence of financial capacity—Subclass 500 Visa and 7 Subclass 590 Visa) Instrument 2019

9 Subclass 590 (Student Guardian) visa – primary applicants

(1) For the purposes of subclause 590.216(3) of Schedule 2 to the Regulations, a primary Student Guardian applicant must give to the Minister evidence of financial capacity that satisfies the requirements of subsection (2) or (3).

Note: For primary Student Guardian applicant, see section 4 of Part 1 of this instrument.

(2) The evidence of financial capacity:

(a) is in the form specified in section 10; and

(b) demonstrates that the primary Student Guardian applicant has sufficient funds available to meet the following costs and expenses of the primary Student Guardian applicant:

(i) travel expenses; and

(ii) the following living costs and expenses:

(A) if the primary Student Guardian applicant intends to stay in Australia for a period of 12 months or more – AUD21,041 (annual living costs); and

(B) if the primary Student Guardian applicant intends to stay in Australia for a period of less than 12 months – the pro rata equivalent of annual living costs, calculated as specified in section 11; and

(c) demonstrates that the primary Student Guardian applicant has sufficient funds available to meet the following costs and expenses of the nominating student:

(i) travel expenses; and

(ii) the following living costs and expenses:

(A) if the primary Student Guardian applicant intends to stay in Australia for a period of 12 months or more – AUD21,041 (annual living costs); and

(iii) course fees for any component of the nominating student’s course of study which will be completed while the primary Student Guardian applicant is in Australia, up to an amount equivalent to fees for 12 months of the course of study, minus any amount already paid; and

8 Migration (LIN 19/198: Evidence of financial capacity—Subclass 500 Visa and Subclass 590 Visa) Instrument 2019

(d) demonstrates that the primary Student Guardian applicant has sufficient funds available to meet the following costs and expenses of each secondary Student Guardian applicant:

(i) travel expenses; and

(ii) for each secondary applicant who intends to stay in Australia for a period of 12 months or more – the following costs (annual living costs):

(A) for a spouse or de facto partner – AUD7,362; and

(B) for a dependent child – AUD3,152; and

(iii) for each secondary applicant who intends to stay in Australia for a period of less than 12 months – the pro rata equivalent of annual living costs, calculated as specified in section 11; and

(iv) the following school fees for each school-age dependant:

(A) if the school-age dependant intends to stay in Australia for more than 12 months – AUD8,296 (annual school costs); or

(B) if the school-age dependant intends to stay in Australia for less than 12 months – the pro rata equivalent of annual school costs, calculated as specified in section 11; or

Note: For secondary Student Guardian applicant, see section 4 of Part 1 of this instrument.

(3) The evidence of financial capacity:

(a) is official Government documentation of personal income that has been issued in the 12 months immediately before the application is made; and

(b) demonstrates that the primary Student Guardian applicant’s spouse or de facto partner has a personal annual income that is at least AUD72,592.

10 Evidence of financial capacity

The following forms of evidence of financial capacity are specified:

(a) money deposit with a financial institution;

(b) loan with a financial institution;

Migration (LIN 19/198: Evidence of financial capacity—Subclass 500 Visa and 9 Subclass 590 Visa) Instrument 2019