CEBU, PHILIPPINES

Tuesday 24 September 2013

Crown Regency: 10am – 4pm
Copyright & Disclaimer
The information contained in this document is copyright and remains the
property of Dizon & Associates (Australia). No part of this document may be
reproduced in any form without the expressed consent of the author. All
information contained herein is correct at time of publication and is subject to
change.

TRAINING OVERVIEW
Australia is becoming increasingly popular as a destination for international students. Obtaining an
Australian qualification can lead to advancement in career, specialized knowledge and immigration
opportunities. As an education agent, you will be guiding potential students through the variety of courses
available and assisting them in enrolment and visa application procedures. Students will also be interested
in their future prospects and career opportunities after their study.

Dizon & Associates is an Australian immigration firm specializing in Australian migration law and visa
procedures. This training session will assist you in understanding the Australian student visa program,
address particular areas of the education and student visa legislation, enrolment processes and visa
application procedures. It will also outline how a course of study can lead to opportunities for immigration.
This workshop incorporates all current reforms as at 1 September 2013.

AGENDA
The topics in this session will include:

1. The Student Visa Program in Australia

2. Genuine Temporary Entrant
3. Financial Requirements
4. Lodgement & Processing
5. Visa Options After Study
6. Referrals and Immigration Assistance
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It is important to understand how the student visa program operates including the government policies
surrounding its context. The student visa program is not intended for the purpose of seeking sponsored
employment and migration to Australia. A previously restrictive and skeptical view of international
students has been overcome by The Knight Review. Despite this, however, recent reforms have retained
legislative provisions to uphold the integrity of the student visa program allowing immigration officers
greater discretion to refuse student applications.

a. The Country
 Economy
 Climate
 People and Places
 Culture and Sport

b. The Education
 Quality, variety and international standard of education
 Study environment, resources and facilities
 Value and career opportunities

c. The Future
 Internationally recognized qualifications
 Employability and global career opportunities
 Immigration pathways and visa options in Australia

d. Other benefits of the Australian Student Visa

 Recognition of prior learning
 Additional points or satisfying requirements for subsequent visas applications
 Legal work permit of up to 40 hours a fortnight
 Student visa extensions
 Bringing family and other dependants
 Financial support from relatives and friends
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Each country is subject to an Assessment Level (1 – 5) which determines the evidentiary requirements an
applicant must meet to be approved a student visa. For Philippinesn passport-holders, applicants are
subject to the following:

 English language courses (ELICOS) – Assessment Level 3

 High school – Assessment Level 1
 Vocational Education and Training – Assessment Level 3
 Higher Education – Assessment Level 2
 Postgraduate research – Assessment Level 1
 Non-award – Assessment Level 1

Assessment Level 1 represents the lowest risk applicant. Therefore, the burden of evidential proof is
minimal. As part of the student visa requirements, AL1 applicants:

 Need only declare that they have sufficient finances for living expenses. Financial support can be
sourced from anywhere or anyone.
 May include their partner, child or any other dependents as secondary applicants on their student
visa.
 Meet the English language requirements set by the Education Provider they have enrolled with.

Assessment Level 2 represents a moderate risk applicant. Therefore, there is additional burden of
evidential proof required. As part of the student visa requirements, AL2 applicants:

 Must show proof of 12 months that they have sufficient finances for living expenses. They must
also declare that they have sufficient funds for the remainder of their course.
 Acceptable sources of funds must be one of the following:
o Money deposits held in a bank account by you or a person supporting you;
o A loan from an approved financial institution made to you or a person supporting
you;
o A loan from your government;
o Financial support from your education provider or another organisation.
 May include their partner, child or any other dependents as secondary applicants on their student
visa.
 Meet the English language requirements set by the Education Provider they have enrolled with.

Assessment Level 3 represents a higher risk applicant. Therefore, there is greater burden of evidential
proof required. As part of the student visa requirements, AL3 applicants:
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  Must show proof of 18 months that they have sufficient finances for living expenses. They must
also declare that they have sufficient funds for the remainder of their course.
 Acceptable sources of funds must be one of the following:
o Money deposits held in a bank account for at least 3 months by you or a person
supporting you;
o A loan from an approved financial institution made to you or a person supporting
you;
o A loan from your government;
o Financial support from your education provider or another organisation.
 May only include their partner, child or any other dependents as secondary applicants on their
student visa if the course is 12 months or more.
 Must submit minimum IELTS score: 5.5 (or 4.5 if packaged with ELICOS course).
 Must provide certificate or transcripts as proof of high school completion.

Packaged courses relate to two or more enrolments forming part of a continuous course of study. A student
may wish to begin with an English language course leading to a vocational course, or a bridging course
leading to a Bachelor degree. In packaged courses, the applicant must submit documents relevant to the
highest assessment level of the package.

Example

 ELICOS (20 weeks) + Diploma in Hospitality = Assessment Level 3

 Academic English Program + Bachelor of Business (Accounting) = Assessment Level 3
 Bachelor of Business (Marketing) + Bachelor of Business (Accounting) = Assessment Level 2

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The GTE is the legislative provision that allows immigration officers the discretionary power to determine
whether to grant or refuse a student visa application. Since its inception in November 2011, agents have
experienced an increase in student visa refusals. The factors immigration officers must consider include:

The GTE tests whether the applicant has a genuine intention to study in Australia and is not using the
student visa program as a means to circumvent the immigration system. This is determined through the
totality of the claims and evidence that have been submitted with the visa application. As this is a
discretionary provision, the decision comes from the purely subjective perspective of the case officer.

There are no clear cut or definite requirements to satisfy the GTE provision. However, the case officer
determines the application based on the following circumstances.

The applicant’s personal attributes, experience and background must be relevant and relative to the course
being undertaken. Further, it should be generally expected that person holding such attributes and
qualifications would reasonably enroll in the chosen course.

 A 25 year old Registered Nurse with 6 months voluntary clinical experience chooses to undertake
an Aged Care course.
 A 30 year old holding a previous business qualification with 5 years experience in the accounts
department chooses to undertake a Bachelor of Accounting course.
 A fresh HRM graduate chooses to enroll in a Diploma of Hospitality course.

The applicant’s circumstances in their home country may provide insight into their genuine intention. This
relates to financial, civil or personal difficulties where the applicant is attempting to escape.

 An applicant who cannot show previous employment or reasonable means of financial support in
their home country.
 An applicant who is attempting to escape civil war, military enlistment or seeking refuge and
asylum.
 An applicant who cannot show any incentive to return to their home country such as no prospective
employment or further study, no assets or financial incentives, and no close family ties.

The applicant should show that there is no ulterior motive in going to Australia that would lead to ongoing
residence or non-genuine study. The case officers may draw implied conclusions from the following
examples.

 The applicant has more close family ties in Australia that may imply an entry for the purposes of
sponsorship.
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  The applicant has indicated that he or she will seek employment or that the chosen course has very
minimal contact hours.
 The applicant has entered into a relationship or arrangement of concern with a person in Australia.
 The extent of the applicant’s knowledge of Australia and the course being undertaken.

The applicant should justify the correlation between the chosen course and how it will enhance or be of
value to the applicant’s future. Justifications may include:

 Obtaining a higher or internationally recognized qualification;

 Greater marketability, employment opportunities or increased income;
 Change or entry into a new career
 Gain further training, experience or practice in a specialized area

If the applicant has previously been refused any other Australian visa, the reasons for the previous refusal
will for m part of the evaluation. The applicant’s circumstances must be substantially different and the
evidence submitted should provide greater justification in re-applying. An applicant will most likely be
refused if the previous refusal was a permanent visa applicant. Applicants may also wish to show previous
visas or travels to different countries as proof of good immigration history.

If the case officer finds gaps, questionable claims or suspicious documents submitted in the application or
interview, this may also justify the refusal of the visa. All the GTE factors will also be assessed against any
secondary applicants included in the visa application.

A Statement of Purpose may be submitted as supplementary evidence to demonstrate the intention of the
applicant. A coherent written statement should address the factors considered in the GTE requirements. It
should be clear, concise and provide the case officer with an overview of the applicant’s situation. It should
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This topic will discuss the acceptable sources of funding including private funds, bank loans and
scholarships. Applicants are also able to source funds from relatives and friends provided that these
supporters are genuine and have legally obtained their declared funds. Assessment Levels will determine
the amount of funds required and the acceptable sources of funding.

An applicant must have sufficient funds to support themselves and any secondary applicants for the
duration of their student visa. Funds are required to cover:

 Tuition and related fees

 Return airfares
 Living expenses
 Education costs for school-aged dependents (4 years old and over)

The following table indicates the minimum funds an applicant must show for financial capacity (as at 1
September 2013).

Expenses Per Person Amount required in AUD

Yourself Return air fare to Australia
Travel
Family members One return air fare to Australia per person
Yourself Course fees
Tuition
Children aged 5-18 AUD8000 per year
Yourself AUD18 610 per year
Partner AUD6515 per year
Living
First child AUD3720 per year
Each other child AUD2790 per year

The following deductions can be made to the total financial expenses when providing proof of funds.

o Pre-paid tuition fees or part thereof

o Pre-purchased return flights
o Boarding school or on-campus accommodation
o Pre-paid home stay arrangement

No other deductions will be accepted even if the applicant can show proof of payment (eg: housing or
rental deposits; school enrolment fees for child, etc).

You must show the immigration department that the applicant (and any family members) has sufficient
funds for financial expenses. This is calculated by the Assessment Level and financial table.
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Applicants need only declare that they have sufficient funds. It is not a legal requirement to show any proof
or evidence unless specifically asked by the case officer.

Applicants need to show proof or evidence that they have sufficient funds for the first 12 months of their
stay in Australia.

Example 1: Applicant with partner

Bachelor of Business (Accounting)

Expenses Per Person Amount required in AUD

Applicant $1,500 (return airfare)
Travel
Partner $1,500 (return airfare)
Tuition Applicant $15,500 (one year of course)
Applicant AUD18 610 per year
Living
Partner AUD6515 per year

TOTAL PROOF OF FUNDS = $43,625

Applicants need to show proof or evidence that they have sufficient funds for the first 12 months of their
stay in Australia.

Example 1: Applicant with partner

Diploma of Hospitality (2 yrs @ $12,500 p/yr)

Expenses Per Person Amount required in AUD

Applicant $1,500 (return airfare)
Travel
Partner $1,500 (return airfare)
Tuition Applicant $15,500 (one year of course)
Applicant AUD18 610 per year
Living
Partner AUD6515 per year

TOTAL PROOF OF FUNDS = $43,625

However, financial supporters can only qualify if they are one of the following:

o self or partner
o parents
o siblings
o grandparents
o aunt or uncle who are Australian citizen or PR
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  In-laws are not acceptable.

An applicant must submit documents showing that they meet the calculated total expenses. Funds must be
genuinely accessible and available to the applicant. Assets of value such as property, real estate and shares
are not acceptable.

The money to support the applicant and their family members must come from one or more acceptable
sources, which may include:
 a savings or term deposit account with a financial institution held by the applicant or the financial
supporter
 a loan from a financial institution made to the applicant or the financial supporter
 a loan from the government
 scholarship from the education provider
 the Australian Government or an Australian State or Territory government
 the government of a foreign country
 a provincial or state government of a foreign country that has the written support of the national
government of the foreign country
 an organisation approved by the Minister
 an acceptable non-profit organisation
 a multilateral agency.

A financial supporter is a person who has agreed to provide financial assistance to the applicant for his or
her studies in Australia. This includes relatives or friends inside or outside Australia. Philippines is not
subject to Assessment Level 4 or 5 whereby financial support can only be obtained from direct relatives in
Australia. Applicants may have multiple financial supporters to meet the calculation of expenses required.

Funds must have been genuinely and legally obtained. The applicant may be required to show additional
evidence including:
 income tax or tax returns, payslips, employment contracts, certification from accountant
 the history of transactions in the held account
 available balances in bank accounts, loans and credit cards
 money deposits or accounts held in approved financial institutions (not rural or community banks)
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Applicants should prepare relevant and complete documents when applying for their student visa. An
eligibility check list of requirements will be covered including complete applications, valid lodgements and
processing times. This topic will further address how to attach proper documentary evidence and
communicating with the Australian Embassy. It will also discuss how to include family members and
dependents onto a student visa application.

The general requirements listed below must be met by all student visa applicants regardless of their
Assessment Level.

 Accepted in full-time study (CoE)

 Genuine temporary entrant requirement
 Proof of sufficient funds
 Health requirements
 Health insurance
 English language skills
 Academic record and history
 Character requirements
 Debts to the Australian Government
 Guardianship for students under 18 years old
 Australian Values Statement

Before you submit a student visa application, you should ensure you have prepared at least the following
checklist of documents.

1. Certified copy of passport

2. 4 x passport photos
3. Form 157A
4. Visa Application Charge (see below)
5. Certificate of Enrolment (CoE)
6. Health Insurance (Education Providers usually offer this in their fees and CoE)
7. Certificates and transcripts of high school completion and other qualifications
8. Proof of meeting English language requirement
9. Financial documents showing proof of funds
10. Penal Clearance
11. If you are including family members as secondary applicants, documents proving their identity and
relationship to you
12. Any additional evidence to support the claims made on your visa application – particularly in
relation to the Genuine Temporary Entrant (GTE) requirement.
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Visa Application Fees
From 1 July 2013, the immigration department now requires EACH person applying to pay a visa
application fee. These fees are:

Same initial application

Main Applicant: $535
Secondary Applicant (adult 18+): $405
Secondary Applicant (child 18-): $135

Subsequent entrant applicants

Where a family member or other secondary applicant (who wasn’t included in the same initial application)
wishes to join the main applicant in Australia, the visa application fee is $700.

Online Visa Lodgement (eVisa)

Online lodgement of student visa applications is only available to citizens who are resident in their country
at the time of application from the following countries:

 People's Republic of China

 India
 Philippines
 Thailand.

Members of the family unit may be included in the student's application. Students under 18 years of age
may also apply. Education agents based in these countries and Registered Migration Agents (RMAs) based
in Australia who are registered to access to the student online lodgement facility can lodge student eVisa
applications for international students from these four countries.

Paper Application Lodgement

If you are not eligible to lodge online, you must lodge your paper application with the Australian Visa
Application Centre (AVAC): http://www.philippines.embassy.gov.au.

Health Examinations
Once an application is lodged, the applicant will be requested to undertake a medical examination and/or
chest x-ray. The applicant cannot use their own doctor and must go to an appointed Panel Doctor listed on
the Australian Embassy website: http://www.immi.gov.au/contacts/overseas/p/philippines/panel-
doctors.htm.

If the applicant’s health examination results show particular medical issues, the Embassy may refer it to the
Medical Officer of the Commonwealth (MOC) in Australia. This may delay the processing time of the visa as
the MOC will write an opinion on whether the medical issue is a threat to the Australian community.

Requesting Additional Information

An immigration officer case request additional information or investigate any documents or answers about
the visa application. He/she can do this by email, telephone call or interview. The applicant must respond
to the request usually within 28 days or, if interviewed, must answer the questions immediately. You
cannot change your answers or add additional documents if the visa is refused. All information is recorded
and filed in the immigration department’s system and will affect any future visa applications made.
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Processing Times
Processing times depend on the Assessment Level. Assessment Level 2 is currently processed within 21
days. However, delays may occur because of:

- Incorrect or lack of documents

- Requests for additional information
- Medical examinations
- Number of applications being processed at the time (caseload)
- Peak periods

The immigration officer is not obliged to approve the visa before the commencement of the student’s
course. Therefore, applicants should lodge their visa as early as possible. The immigration officer can
approve the visa even after the course has started but will usually ask for a revised Certificate of Enrolment
(Coe) before approving the visa.

Schedule 8 of the Migration Regulations 1994 lists the visa conditions that will or may be imposed on an
Australian visa. This topic will outline the visa conditions relating to the student visa including permission
to work, class attendence and ‘No further stay’.

The conditions listed below will or may be imposed on a student visa. It is important to understand what
these condition numbers mean and their implications.

8105: Must not engage in work before course of study commences. Work permitted 40 hours a fortnight
when study is in session.
8202: Must satisfy the requirements of the course and meet course attendance.
8501: Must maintain adequate health insurance.
8516: Must continue to satisfy the criteria of the student visa.
8517: Must maintain adequate arrangements for school-age dependents.
8532: If the student is under 18, he/she must stay in Australia with a parent, relative or legal guardian.
8533: Must inform education provider of change of residential address in Australia within 7 days.
8303: Must not become involved in activities disruptive to, or violence threatening harm to, the Australian
community or a group within the Australian community.
8523: Secondary visa holders must leave Australia no later than the primary visa holder.

The following conditions are ‘No further stay’: 8534/8535/8503. If a student has any of these visa
conditions, you may request for it to be removed before applying for another visa in Australia. The
immigration department will only remove these conditions if there is compelling or compassionate
circumstances. The student must leave and cannot apply for another visa in Australia.

Violating student visa conditions

If a student is found violating their visa conditions, this may lead to cancellation or deportation. The main
violations that occur amongst international students are working hours and course attendance. Education
providers must inform the immigration department if a student is not satisfactorily meeting the course
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requirements. Immigration officials have also increased in their raids and audits on suspicious workplaces
where students may be working more hours than permitted.

The following is a Notification of Refusal for a student visa:

Applicant's Claims
At time of visa application and during a phone interview (conducted on xxx), the visa applicant made the
following claims:
The primary applicant, is and is travelling with spouse,xxx .
Her highest qualification in the Philippines is BS Accountancy.
She intends to undertake Bachelor of Business Administration (Management) at Cambridge International
College.

Findings against Claims

I have considered the factors set out in Ministerial Direction No 53 and place weight on:

a) The applicant's potential circumstances in Australia

I have considered the answers the applicant provided to this office during phone interview held on xxx,
including the fact that she has not done substantial
independent research about the course. When asked if she has done any research about the course, the
applicant responded, "No".

I give weight to the applicant's lack of awareness of the course of study she is enrolled in Australia, which
indicates that she does not genuinely intend to stay in Australia temporarily.

I have also taken into consideration whether the applicant and spouse have ties with Australia that would
serve as a significant incentive to stay in Australia indefinitely. I have taken into consideration the following:

When the applicant was asked about her plans whilst studying in Australia, she replied, "I plan to focus on my
studies. But will do part-time work My husband will also work to support us financially."

In consideration of this statement, I am not satisfied that the main objective of the applicant in going to
Australia is to obtain the benefits of a quality education as she and spouse seem to focus more on work rather
than the course she is intending to take.

b) The value of the course to the applicant's future

I note that the applicant's undergraduate course in the Philippines is BS Accountancy. She now intends study
Bachelor of Business Administration (Management) in Australia.I find that the course the applicant is seeking
to undertake in Australia is inconsistent with her educational background in the Philippines.

When the applicant was queried in relation to her plans upon completion of her course, she indicated, "I plan
to start my own business... To be a manager in restaurant."

At no time during the interview, the visa applicant clearly explained how this course will increase her
remuneration level or career prospects in the Philippines on her return.

Accordingly, I am not satisfied that the course will have a significant benefit to the applicant's future as she
has not given concrete details about her plans in using the skills that she will obtain from the course.
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Therefore, I give weight to the value of the course to the applicant's future which indicates that the applicant
does not genuinely intend to stay in Australia temporarily.

c) Other relevant matters

I have also considered whether any other matter is relevant to the assessment of the applicant's genuine
intentions to temporarily stay in Australia and find that no other matter is relevant to assessment of the
applicant's intentions to stay in Australia temporarily.

******

No Right of Appeal Outside Australia

There is no legal right of appeal for a visa refusal if the applicant is outside Australia. This is relevant to
visitor, student and other temporary visa applications. However, if the visa application involves an
Australian citizen or Australian business sponsor, then they are able to appeal the refusal on your behalf at
the Migration Review Tribunal inside Australia.

If you know that the immigration officer has made a mistake or you feel he/she did not assess the visa
application fairly, you may make a complaint to the Embassy. You must have good reason to complain
against a visa refusal and it should be supported by strong evidence. A senior immigration officer can
sometimes reverse a refusal decision and approve the visa if there has been a clear mistake.

If you find yourself in this situation and do not feel confident to complain, please contact us and we can act
on your client’s behalf.

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The student visa is a viable pathway for further options to remain in Australia. Although applicants should
not apply with the stated intention to migrate, it is accepted that there are incidental opportunities for
immigration. Students may be eligible to:

 Undertake further study or practical training

 Become sponsored by an employer
 Apply for a post-study or graduate working visa
 Apply for skilled migration independently or with sponsorship by a relative or state government
 Become sponsored by a partner or relative
 Meet one of the many other temporary or permanent visa options

Your clients will appreciate this information should they decide to seek further opportunities or career
prospects in Australia. However, it is important to note that, unless you are an Australian Registered
Migration Agent or under the authorized supervision of one, you should not be providing detailed
immigration assistance to applicants. Even though you are operating in the Philippines, doing so may lead
to a disgruntled client reporting your misconduct to the Australian Embassy in Jakarta.

For an applicant to apply for a skilled visa, graduate visa or working visa, the applicant must select an
occupation from the Skilled Occupation List (SOL). The SOL lists the occupations that are eligible for the
categories of visas mentions above.

The skilled, graduate and working visa categories recognize international students who have completed an
Australian qualification if the study relates to the nominated occupation they have selected from the SOL.
However, in general, the legal provision to satisfy the ‘Australian study requirement’ is:

 a single qualification requiring at least two academic years study;

or
 more than one qualification resulting in a total period of at least two academic years study.

Further; “…the qualification must be related to or closely related to the nominated occupation”.

Examples

 A student who studies a Bachelor of Accounting (3 years) will meet the ASR for ‘accountant’.
 A student who studies a Cert III. IV then Diploma of Hospitality will meet the ASR for ‘cook’.
 A student who studies a Cert III in Hospitality then a Cert IV in Automotive Technology will not
meet the ASR for either ‘cook’ or ‘motor mechanic’.
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If a student wishes to continue studying in Australia, they may extend their visa. They can level up to the
next qualification or they may choose a different type of course. Keep in mind, however, that student visa
extensions are still assessed according to their Assessment Levels and requirements.

Students may be eligible to apply for one of the graduate visas after they complete their course. These visas
allow the student to find employment and work full-time for 18 months to 2 years after they graduate. The
requirements are:
 For a vocational course, it must be related to an occupation on the SOL list and meet the Australian
Study Requirement of at least 2 years (see above); or
 Completed at least a 2 year Bachelor degree course or higher

A student may wish to undertake occupational or professional training as an intern or apprentice worker.
Some companies provide internship programs or a student may use their employer to sponsor them as an
apprentice.

If a student finds an employer who is willing to sponsor them, they may be eligible for a temporary or
permanent working visa. The student should have completed a relevant qualification or have sufficient
work experience in the sponsored occupation.

A student may apply for a skilled migrant visa after they complete their qualification. The skilled migrant
visa is based on a points test. If the student is assessed as passing the minimum points, they may qualify for
permanent residency. They do not have to have an employer to sponsor them. They can gain additional
points if they have an Australian citizen or PR relative or be sponsored by a state government.

If a student is in a married, de facto or homosexual relationship with an Australian citizen or PR, they may
apply for a partner visa. They may also apply for a family visa if they have a child, parent or other relative
who is an Australian citizen or PR.
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Dizon & Associates offers an opportunity for you to refer your clients for immigration assistance after they
complete their study in Australia. We assist with immigration advice, subsequent visa applications, job
placements and visa cancellations or refusals. We can also assist you with complex visa cases. If you wish to
have an Australian registered migration agent representing your company, we also engage in prospective
partnerships.

Our Services include:

 Immigration advice for all visas
 Visa application procedures
 Skills assessments
 Relative/State sponsorship
 Employer sponsorship
 Job placement assistance
 Immigration tribunal appeals

If you are interested in working with us, please email our Director & Principal, Mr Paul Dizon at
pcdizon@dizonassociates.com.au.

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