Migration (IMMI 18/010: Evidence of financial capacity for Subclass 500 (Student) visas and Subclass 590 (Student Guardian) visas) Instrument 2018

Administered by Department of Home Affairs

Legislation au F2018L00032 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Migration Regulations 1994

Migration (IMMI 18/010: Evidence of financial capacity for Subclass 500 (Student) visas and Subclass 590 (Student Guardian) visas) Instrument 2018

(Subclauses 500.214(4), 500.313(4) and 590.216(4) of Schedule 2)

  1. Instrument IMMI 18/010 is made under subclauses 500.214(4), 500.313(4) and 590.216(4) of Schedule 2 to the Migration Regulations 1994 (the Regulations).
  2. Instrument IMMI 18/010 repeals IMMI 17/012 (F2017L00267) in accordance with
    subsection 33(3) of the Acts Interpretation Act 1901 (Interpretation Act). Subsection 33(3) of the Interpretation Act states where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
  3. For an applicant seeking to satisfy: the primary criteria for a Subclass 500 (Student) visa (subclass 500 visa); the secondary criteria for a subclass 500 visa; or the primary criteria for a Subclass 590 (Student Guardian) visa (subclass 590 visa), the Minister may require the applicant to give to the Minister evidence of financial capacity that satisfies specified requirements. The operation of IMMI 18/010 is to specify requirements an applicant must meet.
  4. The purpose of instrument IMMI 18/010 is to:
    1. specify that an applicant seeking to satisfy the primary criteria for a subclass 590 visa must provide evidence of sufficient funds to meet the costs and expenses of the nominating student, including travel expenses, living costs and course fees; and
    2. specify that, for an applicant for a primary subclass 500 visa, where the applicant’s course is longer than 12 months, but the applicant has less than 12 months remaining, the applicant only needs to show evidence of unpaid course fees to cover the remaining components of the course of study; and
    3. update, in line with CPI increases, annual living costs to be:
      1.  for a primary applicant, AUD 20,290;
      2. for a spouse or de facto partner of the primary applicant, AUD 7,100; and
      3. for a dependent child, AUD 3,040.
  5. In addition to this, the purpose of IMMI 18/010 is to present the requirements for subclauses 500.214(4), 500.313(4) and 590.216(4) of Schedule 2 to the Regulations, previously in IMMI 17/012, in a new structure and to provide greater clarification, including to:
    1. clarify that evidence of sufficient funds to meet course fees is only required in relation to course fees that have not already been paid; and
    2. clarify that, for a primary applicant for a subclass 500 visa, course fees are to be calculated in relation to the applicant’s period of study, being the period commencing on either the first day of the applicant’s first course of study or the date of application (whichever date is last) and ending on the final day of the applicant’s final course of study; and
    3. clarify that the primary applicant’s or nominating student’s course fees required to be shown by an applicant for a subsequent secondary subclass 500 visa or a primary subclass 590 visa are the unpaid course fees that will be incurred during the period that the subsequent secondary 500 visa applicant or primary subclass 590 visa applicant will be in Australia; and
    4. clarify that an applicant for a subclass 500 visa or a subclass 590 visa, is required to provide evidence of sufficient funds to cover school fees for a ‘school-age dependant’ as defined by the Regulations;
    5. clarify the evidence of financial capacity that is required to be provided to the Minister by the following applicants:
      1.  a secondary applicant for a subclass 500 visa who is making a combined application with the primary student visa holder, where the primary student visa holder has not provided a letter of support from DFAT or Department of Defence, and the secondary applicant does not provide evidence of their parent, spouse or de facto partner’s income; and
      2. a secondary applicant for a subclass 500 visa who is making an application that is not combined with the primary student visa holder’s application, where the primary student visa holder has not provided a letter of support from DFAT or Department of Defence, and the secondary applicant does not provide evidence of their parent, spouse or de facto partner’s income; and
      3. a secondary applicant for a subclass 500 visa who is making an application that is not combined with the primary student visa holder’s application, where the primary student visa holder has provided a letter of support from DFAT or Department of Defence, but this letter of support does not indicate that the relevant department will meet the living costs and expenses of each secondary applicant, and the secondary applicant does not provide evidence of their parent, spouse or de facto partner’s income; and
    6. clarify that the evidence of annual income provided to the Minister must demonstrate that the annual income amount evidenced, is the annual income amount earned by the parent, spouse or de facto partner of the applicant in the 12 months immediately before the application was made.
  6. Instrument IMMI 18/010 reflects the policy intention of the Australian Government’s simplified student visa framework, which was implemented on 1 July 2016. In developing this framework, consultation was undertaken with key international education sector stakeholders. Stakeholders consulted included: Commonwealth agencies (the Department of Education and Training, Austrade, the Department of Foreign Affairs and Trade, the Department of Defence, the Australian Skills Quality Authority (ASQA), and the Tertiary Education Quality and Standards Agency (TEQSA)), State and Territory government agencies (including school regulators), as well as industry peak bodies (Australian Council for Private Education and Training, Australian Government Schools International, Council of Private Higher Education, English Australia, Independent Schools Council of Australia, International Education Association of Australia, TAFE Directors Australia, and Universities Australia). 
  7. Further consultation was undertaken with stakeholders (except ASQA and TEQSA) at the Education Visa Consultative Committee on 18 August 2017, specifically noting updates to annual living cost amounts.
  8. The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required (OBPR Reference 22595).
  9. The Senior Executive Service, Band Two, Immigration and Citizenship Policy Division was delegated the powers in subclauses 500.214(4), 500.313(4) and 590.216(4) in instrument of delegation DEL 17/077, signed on 9 November 2017.
  10. Under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, the instrument is exempt from disallowance. A Statement of Compatibility with Human Rights is therefore not required.
  11. The instrument IMMI 18/010 commences on 1 February 2018.

Overview

The Migration Regulations 1994 (the Regulations) were updated by the Migration Regulations 1994 Migration (IMMI 18/010: Evidence of financial capacity for Subclass 500 (Student) visas and Subclass 590 (Student Guardian) visas) Instrument 2018, which was enacted to address the need for clearer and more structured guidelines on the financial requirements for international students and their guardians applying for student visas. This instrument was made under the authority of the Migration Act 1958, and was enacted by the Australian Government to implement the policy objective of a simplified student visa framework, which was introduced on 1 July 2016. The purpose of the instrument was to specify financial capacity requirements for applicants for Subclass 500 (Student) visas and Subclass 590 (Student Guardian) visas, including updating the annual living cost amounts in line with Consumer Price Index increases, and providing greater clarity on the types of evidence required from applicants.

Scope and Application

Instrument IMMI 18/010 applies to applicants seeking to satisfy the primary or secondary criteria for a Subclass 500 (Student) visa or the primary criteria for a Subclass 590 (Student Guardian) visa under the Migration Regulations 1994. It outlines the requirements for providing evidence of financial capacity, including the amount of funds necessary to cover the costs and expenses of the nominating student, such as travel expenses, living costs, and course fees. Specifically, it requires a primary applicant for a subclass 590 visa to provide evidence of sufficient funds for the nominating student, while a primary applicant for a subclass 500 visa must provide evidence of unpaid course fees if their course is longer than 12 months but they have less than 12 months remaining. The instrument also updates annual living costs to AUD 20,290 for a primary applicant, AUD 7,100 for a spouse or de facto partner, and AUD 3,040 for a dependent child, in line with Consumer Price Index increases. The instrument further clarifies the evidence of financial capacity required by certain secondary applicants for a subclass 500 visa. This legislation is applicable nationally across Australia, as it is an instrument under the Migration Regulations 1994, which operate at the Commonwealth level. The instrument IMMI 18/010 does not specify any exclusions or exemptions, but it does clarify certain aspects of financial evidence requirements. The instrument extends and specifies the application of the Regulations through the detailed financial capacity requirements it sets out.

Key Provisions

The main operative sections of Instrument IMMI 18/010 pertain to the requirements for evidence of financial capacity for applicants seeking a subclass 500 (Student) visa or a subclass 590 (Student Guardian) visa. Specifically, section 4 of IMMI 18/010 mandates that an applicant for a subclass 590 visa must provide evidence of sufficient funds to cover the costs and expenses of the student, including travel expenses, living costs, and course fees. For applicants for a subclass 500 visa, the requirements differ based on the length of the course. If the course is longer than 12 months and the applicant has less than 12 months remaining, they must show evidence of unpaid course fees for the remaining components of the course. Furthermore, section 5 of the Instrument updates the annual living costs required to be evidenced, reflecting Consumer Price Index (CPI) increases, to AUD 20,290 for the primary applicant, AUD 7,100 for a spouse or de facto partner, and AUD 3,040 for a dependent child. The obligations imposed by IMMI 18/010 include the provision of evidence of financial capacity in a manner that satisfies the specified requirements. For instance, applicants must provide evidence that demonstrates sufficient funds to cover the costs and expenses of their stay in Australia, such as living costs and course fees. This requirement extends to secondary applicants who are making a combined application with the primary student visa holder, or who are making a separate application, and who must show additional evidence if the primary applicant has not provided a letter of support from the Department of Foreign Affairs and Trade (DFAT) or the Department of Defence, and the secondary applicant does not provide evidence of their parent, spouse, or de facto partner’s income. In terms of consequences for non-compliance, IMMI 18/010 does not explicitly detail specific offences or penalties. However, failure to provide the required evidence of financial capacity may result in the application for a subclass 500 or 590 visa being refused under the Migration Act 1958. Such a refusal could have significant implications for the applicant, including the inability to study in Australia and potential repercussions for future visa applications. The specific penalties for visa refusals are governed by the Migration Act, which may include financial penalties and, in some cases, periods of ineligibility to apply for a visa.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.