Student Visa Refusal | 4 Ways to Avoid

4 Ways you can avoid Student Visa Refusal

There are many ways to avoid student visa refusal. Often the Department of Immigration (Department of Home Affairs) will use the same reasons for student visa refusal. Sometimes the Department may write to you to comment on certain information that may be the reason to refuse your visa application (click here to learn more).

You should note that if your visa application has been refused or your visa cancelled while you are in Australia, you may be prevented from lodging another visa application (click here to learn more about section 48 bar and visa application limitations).

Before you can apply for a student visa, you must be enrolled in a registered course of study (click here to learn more about Student Visa Subclass 500). Your registered education provider will issue you with an Overseas Student Confirmation of Enrolment or CoE.

You can only apply for a Student visa if you have a CoE.

4 WAYS TO PREVENT STUDENT VISA REFUSAL

• Writing a compelling GTE statement. You must write a GTE or Genuine Temporary Entrant statement explaining the reasons why you only intend to stay in Australia temporarily to study. Your statement should include the following factors: (i) the value of your study to your future; (ii) immigration history, that is, listing down all the countries you have visited for whatever reason(s) and if you have complied with the visa conditions; (iii) why you are unable to do the same course in your home country; (iv) any other reasons relevant to your intention to study in Australia. All applicants, including dependents under 6 children, are required to provide their own GTE statement. Click here to learn what not to say at AAT hearing.

If your intention of applying for a Student visa is the hope of, after completing your studies, to find employment (on a permanent visa) or apply for a permanent visa so that you can continue to remain in Australia, this settled intention, at the time of your Student visa application decision, will not be consistent with an intention “genuinely to stay in Australia temporarily (Saini v MIBP [2016] FCA 858 at [30] and [33]). Such intention, if known to the decision-maker, will cause your Student visa application to be refused for failing to satisfy cl. 500.212(a). A statement to the decision-maker that you would stay in Australia if you could obtain employment but would return to your home country can be fatal to your Student visa application.

The words “intends genuinely to stay in Australia temporarily” are concerned with how long you intends to stay in Australia. They concern the genuineness of your intention (Saani & Anor v Minister for Immigration & Anor [2015] FCCA 2379)per Cameron FCJ at [18]). Your intention to stay temporarily is an unqualified intention (at [23]). The decision-maker has to evaluate your intention as the time a decision is decided whether you intent to genuinely to stay in Australia temporarily.

• English proficiency. The Department of Immigration may require you to provide evidence of your English language proficiency. If you are coming to Australia to do a diploma or a degree and without first enrolling in English classes, you will need at least, for example, 5.5 in IELTS. However, if your courses includes at least 10 weeks of ELICOS (or English language course), you will need at least 5.0 in IELTS. However, if your package of courses include at least 20 weeks of English lessons, you will need at least 4.5 in IELTS. Evidence of English language proficiency is not required for students holding a passport issued by the UK or USA or Canada or NZ or the Republic of Ireland, or 2 years before applying for a Student visa completed a Senior Secondary Certificate of Education in Australia, or have completed a Certificate IV level or higher course in Australia while holding a Student visa; or have successfully completed a minimum of 5 years of study in Australia or Canada or NZ or South Africa or the Republic of Ireland or the UK or the USA where the medium of instruction is English.
• Financial capacity. The Department of Immigration may require you to show you will have genuine access to funds while you are on a Student visa. The amount of funds you will be required to show include $21,041 (annual increase by CPI on 1 July) for 12 months living expenses, 12 months of tuition fees and the cost of returning home. If your partner (spouse or de facto partner) is accompanying you, you will need to include $7,362, or a dependent child – $3,152 plus $8,296 for their school fees if they are over 6. Evidence include bank statements.
• OSHC. You and all your accompanying dependents must have OSHC or Overseas Student Health Cover insurance, unless exempted.

To avoid Student visa refusal, you should not use your SoP (Statement of Purpose) you submitted to the education provider when applying for your course as your GTE statement.

In addition, not all student visa applicants are required to provide evidence of English language proficiency or financial capacity because some education providers have higher ratings than others (click here to find out what document you will need to provide to avoid Student visa refusal).

If your current student visa has expired, you may still apply for a new student visa (click here to learn if you are eligible).

Being a genuine student means how long you intend to stay in Australia, click here to learn more.

To increase the chances of securing a student visa, you should consider engaging the services of an immigration lawyer or a registered migration agent to guide you with your student visa application (click here to learn more about immigration lawyer & registered migration agent). An immigration lawyer or registered migration agent can challenge the Department of Immigration’s decision to refuse your student visa application (click here to learn how).

Australian migration law is complex and difficult to understand, contact our immigration lawyer for a consultation (fee applies)regarding Australia student visa refusal. You may also refer to our FAQs for answers regarding visa application or visa cancellation by clicking here.

This article is not intended to be or taken as migration legal advice. The author of this article disclaims any liability for any action or omission on the information provided or not provided in this article. You should always consult an immigration lawyer or a registered migration agent to form an informed opinion on your immigration matter.