Overview

The "Migration Regulations 1994 (Evidence of Further Funds and Living Costs)" instrument, enacted in 2009, was introduced to address the gap in the Migration Regulations 1994 regarding the specification of living costs and additional funds required for student visa applicants. This instrument was made under the authority of the Migration Act 1958 by the Department of Immigration and Citizenship (DIAC), with the policy objective of ensuring that the specified amounts more accurately reflect the real costs of living and studying in Australia. Effective from 1 January 2010, the Regulations now specify the living costs amount and additional funds required for student visas as 18,000 AUD per year, up from the previous amount of 12,000 AUD per year. This increase was made following consultation with various government departments and agencies, all of which agreed with the proposed increase.

Scope and Application

The Migration Regulations 1994, as amended by Instrument IMMI 09/138, primarily apply to student visa applicants seeking to study in Australia. The Regulations specify the financial requirements for these applicants, ensuring they demonstrate or declare sufficient funds to cover living costs and any additional financial needs. Specifically, the Regulations cater to student visa applicants who fall under certain assessment levels and study durations, as well as those applying for specific visa subclasses. The geographic scope of these regulations is nationwide, applying across all states and territories within Australia. The specified amounts of funds and living costs are intended to serve as an immigration integrity measure rather than a reflection of the actual living costs in Australia, though the increase from 12,000 AUD to 18,000 AUD per year aims to more accurately align with the support available to domestic students and estimates by Australian Education International. Any exclusions or exemptions from these financial requirements are not explicitly detailed in the explanatory statement but are likely to be governed by other provisions within the broader Migration Act and Regulations. The application of these financial requirements may also be extended or restricted through subordinate instruments as necessary.

Key Provisions

The key operative sections of the Migration Regulations 1994, as amended by IMMI 09/138, provide for specific financial requirements for student visa applicants. Section 5A104(1) and paragraphs 5B102(1)(a) and 580.111 now require student visa applicants to demonstrate or declare a certain amount of living costs, which is specified in an instrument. Specifically, from 1 January 2010, the required amount is 18,000 AUD per year. Paragraphs 570.613(3)(b), 572.613(3)(b), 573.613(3)(b), 574.613(3)(b), and 575.613(3)(b) stipulate additional financial requirements for students assessed at level 3 who intend to study in Australia for 10 months or less, provided they do not wish to be granted a student visa subject to Condition 8534, which restricts the granting of further substantive visas while in Australia. Paragraph 5A302(b) sets a financial requirement for students seeking a Subclass 571 (Schools Sector) visa who are assessed at level 5. These requirements are designed to ensure that students have sufficient funds to cover their living costs while studying in Australia. The obligations imposed by these regulations on student visa applicants are clear and specific. Student visa applicants must demonstrate or declare an amount of 18,000 AUD per year to cover living costs. For students assessed at level 3 who plan to study for 10 months or less, and those seeking a Subclass 571 visa assessed at level 5, additional funds must be demonstrated. This requirement aims to ensure that students can support themselves financially during their stay in Australia, thereby maintaining the integrity of the immigration system. Failure to meet these financial requirements can result in the refusal of a student visa application. The consequences for breaching these financial requirements are outlined in the regulations, although specific penalties are not detailed in the explanatory statement. Generally, failure to meet the financial requirements can lead to the refusal of a visa application. Such refusals can have significant implications for the student, including the inability to study in Australia and potential difficulties in obtaining other types of visas in the future. The financial requirements are not merely nominal; they serve as a measure to ensure that students can adequately support themselves, reflecting the real costs of living in Australia as estimated by relevant authorities. The increase from 12,000 AUD to 18,000 AUD per year underscores the importance of these financial provisions in safeguarding the integrity of the student visa process.