FAQ

Eligible New Zealand citizen meaning?

Eligible New Zealand citizen

You are an eligible New Zealand citizen if you arrived in Australia on a New Zealand passport and were:

in Australia on 26 February 2001 and were a special category visa (SCV) holder on that day,
or in Australia for a period or periods totalling 12 months in the 2 years immediately before 26 February 2001, and returned to Australia after that day
assessed as protected SCV holders before 26 February 2001

EOI How it Works?

Expression of Interest (EOI) How It Works

From 1 July 2012, if you are intending to apply for one of the following visas, you will need to submit an EOI via Skill Selectand receive an invitation before you can apply for a visa:

• Subclass 188 Business Innovation and Investment (Provisional)
• Subclass 189 Skilled Independent (Permanent)
• Subclass 190 Skilled Nominated (Permanent)
• Subclass 491 Skilled Work Regional (Provisional)
• Subclass 858 Global Talent (Permanent)

You can also express interest in the following visa programs on your EOI to be contacted by an employer.

• Subclass 186 Employer Nomination Scheme (ENS)
• Subclass 187 Regional Sponsored Migration Scheme (RSMS)
• Subclass 482 Temporary Skilled Shortage (TSS)
• Subclass 492 Skilled Employer Sponsored Regional (Provisional)

An EOI is not a visa application, it is an indication that you would like to be considered for a skilled visa.
You will be asked to provide a range of information in your EOI depending on the visa(s) you want to be considered for, such as:

• basic personal information
• nominated occupation
• work experience
• study and education
• level of English skills
• details of a Skills Assessment, related to your nominated occupation
• business and investment experience.

When submitting an EOI the applicant needs to keep in mind that the score they have claimed in the EOI will be required to be justified when making an application for a visa. If the applicant is unable to prove that they achieved the claimed score, the visa will be most likely refused. Usually the applicant has 60 days to make an application for a visa after receiving an invitation letter.

Be aware: If you’re invited to apply for a visa, the information you submit in the your EOI will be used as part of your application. If you provide misleading or false information on your EOI, your application may be refused. If your visa is refused on this basis you will be subject to a three year ban which may prevent grant of a further visa.

If you receive two invitations and you do not lodge a visa application in response to either of these invitations, your EOI will be removed from SkillSelect.

Your EOI will be removed automatically if it expires. Submitted EOIs expire after two years. EOIs that are begun, but are never submitted as a complete EOI will also be removed automatically two years after they are commenced.

If you considering lodging an EOI, consulting a specialist is highly recommended. The inadvertent mistakes when submitting an EOI may lead to inability to satisfy the visa requirements and subsequent visa refusal.

Meaning of Usually Resident

Usually Resident

The definition of “usually resident” cannot be found in the migration legislation.

Therefore we will refer to the Departmental policy:

As ‘usually resi dent’ is not defined in the Migration Act 1958 or Migration Re gulations 1994 , it is taken to have its common or dictionary meaning. That common meaning has been the subject of a number of judicial decisions.

In 2003, the Full Federal Court considered ‘usual residence’ in Scargill v Minister for Immigration and Multicultural and Indigenous Affairs (2003) FCAFC III (2 June 2003) (Scargill). Scargill addressed the specific phrase ‘usually resident’ as it applied in the definition of ‘remaining relative’. The court in Scargill looked to other cases that used similar phrases, such as Kotaki Par a Rubber Estates Limited v The Federal Commissioner of Taxation (1941) HCA 13; (1941) 64 CLR 241. Scargill found a person must meet two essential elements to be considered usually resident in a particular place:

a physical presence in a particular place (a s indicated by where a person maintains a home, eats and sleeps, even if this is in hotels or a yacht) and
an intention to treat that place as a home for at least the time being but not necessarily forever

Dependent Child

Dependent Child

Regulation 1.03

dependent child of a person, means the child or step-child of the person (other than a child or step-child who is engaged to be married or has a spouse or de facto partner), being a child or step-child who:
(a) has not turned 18; or
(b) has turned 18 and:
(i) is dependent on that person; or
(ii) is incapacitated for work due to the total or partial loss of the child’s or step-child’s bodily or mental functions

Assurance of Support

What is the meaning of the assurance of support?

An assurance of support is defined in the Social Security Act 1991 to be an undertaking by a person (whether a natural person or a body) to pay the Commonwealth an amount equal to the amount of social security payments, as prescribed in a Social Security (Assurances of Support) Determination, received during the bond period by person(s) identified in an assurance of support and who had been granted a visa under the Migration Act 1958 (whether or not the person continues to hold the visa during the entirety of the bond period).

(Chapter 2C of the Social Security Act 1991)

An assurance of support must be lodged with and accepted by the Department of Human Services (Centrelink).

Please note that Assurance of Support cannot be withdrawn once the visa was granted to the person who is identified in the undertaking.

Who can provide assurance of support?

if a natural person, must be an Australian citizen or permanent resident or eligible NZ citizen usually resident in Australia, who is over 18 years of age,
may be a ‘body’ (a state agency, or an incorporated or unincorporated association)
is financially capable to meet Assurance of Support undertakings
undertakes to provide sufficient direct or indirect financial assistance to the persons concerned
is able to repay specified social security benefits paid to persons covered by assurances of support.

Is it possible to provide a joint assurance of support?

A natural person assurer may be allowed to join up with up to 2 others to provide a single assurance of support. However, bodies who act as assurers are not permitted to join up with other bodies or natural persons to provide a single assurance of support.

How many people can be covered in a single assurance?

An assurance of support can include up to two adults (persons over 18 years) and any number of minor children in the same visa application.

Mandatory and discretionary assurance of support

While some visas in family stream have a mandatory requirement to lodge an assurance of support, others may have a discretionary requirement. The table below shows which visas are subject to a mandatory AoS and which ones are subject to a discretionary AoS

Balance of family test

The balance of family test measures a Parent visa applicant’s family links to Australia.

The test determines the extent of the parent’s links to their children or stepchildren in Australia and ensures only those with close ties to Australia are eligible for a Parent visa.

A parent meets the balance of family test if:

at least half their children and stepchildren are eligible children, or
there are more eligible children than children living in any other single country

The Department of Home Affairs will not waive this test, even in compelling or exceptional circumstances.

You need to pass the test if you are applying for one of these visas:

103 – Parent
143 – Contributory Parent
173 – Contributory Parent (Temporary)
804 – Aged Parent
864 – Contributory Aged Parent
884 – Contributory Aged Parent (Temporary)

Children counted in the balance of family test

You and your partner’s children, including stepchildren and adopted children, are counted in the balance of family test.

Children are not counted if they:

are deceased
have been removed from their parents’ exclusive legal custody by adoption, court order or operation of law
are registered by the United Nations High Commissioner for Refugees (UNHCR) as refugees and live in a camp operated by the UNHCR
live in a country where they suffer persecution or human rights abuse and can’t be reunited with their parents in another country

A stepchild is:

your current partner’s child, or
your former partner’s child who is under 18 years of age and in relation to whom you have guardianship, custody or a parenting order in force under the Family Law Act 1975. Stepchildren born from polygamous or concurrent relationships are not counted in the balance of family test

Meaning of ‘eligible child’ and ‘ineligible child’

A child is an eligible child if they are:

an Australian citizen, or
an Australian permanent resident usually resident in Australia, or
an eligible New Zealand citizen usually resident in Australia

Any other child of the parent is an ineligible child. An ineligible child is taken to be resident overseas.

Children who are in Australia on a temporary visa are not considered as usually resident in Australia.

If a child’s whereabouts are unknown, we consider they are resident in their last known usual country of residence.

Character Test

Every non-citizen who wants to enter and/or remain in Australia must pass a character test and will be assessed against the character requirements.

How character test is assessed

Section 501 of the Migration Act 1958 (the Act) sets out the circumstances under which a person does not pass the character test for the purposes of the Act. Included amongst those circumstances is where the person has a substantial criminal record

Amongst other things, a person has a substantial criminal record if that person has been sentenced to a term of imprisonment of 12 months or more.

When applying for permanent visas, all persons (including non-migrating members of a family unit) over the age of 16 are usually required to obtain police clearance certificates from every country in which they have lived, as temporary or permanent residents, lawfully or otherwise, for period(s) totalling 12 months or more in the past 10 years.

Power to refuse or cancel a visa under the character grounds

The Minister for Immigration and Border Protection and the department have the power to refuse or cancel a person’s visa on the basis that a person does not pass the character test. This power is discretionary, so it does not mean that a visa will be necessarily refused. However, the discretion to exercise the power to refuse or cancel a person’s visa based on the character grounds is limited by certain legislative instruments.

Decisions to cancel or refuse visas on the basis of the character test are made after full consideration of all the circumstances of a case. As part of this process, visa holders and visa applicants are given an opportunity to respond to information that the department will use to decide whether or not to cancel or refuse their visa.

Appeals

Generally, decisions to cancel or refuse visas on the character grounds are reviewable decisions by the Administrative Appeals Tribunal (AAT). Exceptions apply to the persons who are outside of Australia at the time of an application refusal or a visa cancellation, unless they have a sponsor or nominator in Australia. However, when the decision to refuse or cancel a visa is made by the Minister personally, the person has no right of appeal.

Dependent

Regulation 1.05A

(1) Subject to subregulation (2), a person (the first person ) is dependent on another person if:

(a) at the time when it is necessary to establish whether the first person is dependent on the other person:

(i) the first person is, and has been for a substantial period immediately before that time, wholly or substantially reliant on the other person for financial support to meet the first person’s basic needs for food, clothing and shelter; and

(ii) the first person’s reliance on the other person is greater than any reliance by the first person on any other person, or source of support, for financial support to meet the first person’s basic needs for food, clothing and shelter; or

(b) the first person is wholly or substantially reliant on the other person for financial support because the first person is incapacitated for work due to the total or partial loss of the first person’s bodily or mental functions.

(2) A person (the first person ) is dependent on another person for the purposes of an application for:

(d) a protection visa; or

(ea) a Refugee and Humanitarian (Class XB) visa; or

(i) a Temporary Safe Haven (Class UJ) visa;

if the first person is wholly or substantially reliant on the other person for financial, psychological or physical support.

Settled

Regulation 1.03 of the Migration Regulations 1994 defines ‘settled ‘ to mean ‘lawfully resident in Australia for a reasonable period’.

Reasonable period is not defined in the migration legislation.

Under policy, two years (as at time of visa application) is generally considered to be a ‘reasonable period’. However, when assessing whether or not a person is ‘settled’, each case is to be considered on an individual basis with regard given to the facts of the case, such as extended periods of temporary residence.

Dependent Child

dependent child of a person, means the child or step-child of the person (other than a child or step-child who is engaged to be married or has a spouse or de facto partner), being a child or step-child who:

(a) has not turned 18; or

(b) has turned 18 and:

(i) is dependent on that person; or

(ii) is incapacitated for work due to the total or partial loss of the child’s or step-child’s bodily or mental functions.

Eligible New Zealand citizen

You are an eligible New Zealand citizen if you arrived in Australia on a New Zealand passport and were:

in Australia on 26 February 2001 and were a special category visa (SCV) holder on that day, or
in Australia for a period or periods totalling 12 months in the 2 years immediately before 26 February 2001, and returned to Australia after that day
assessed as protected SCV holders before 26 February 2001

English Language benchmarks for subclasses 476, 482 and 485

English Language Proficiency

The table below demonstrates the tests and scores that are corresponding with the evidential requirements of the English Language proficiency when applying for a relevant visa

* From 23 November 2014, the department accepts English language test scores from the Test of English as a Foreign Language internet-based test (TOEFL iBT) and the Pearson Test of English Academic (PTE Academic) across the Temporary Graduate, Skilled, Former Resident, and Work and Holiday visa programmes.

**Scores from the Cambridge English: Advanced (CAE) test will also be accepted from a test taken on or after 1 January 2015

English language requirements for Student visas

Note, for Independent ELICOS English Language test is not required

If you need to provide evidence of your English language proficiency, the following minimum English language test scores are acceptable:

**The Occupational English Test includes a mark between A and E. An A or B is considered a pass.

Expression of Interest (EOI) How It Works

From 1 July 2012, if you are intending to apply for one of the following visas, you will need to submit an EOI via Skill Select and receive an invitation before you can apply for a visa:

Subclass 188 Business Innovation and Investment (Provisional)
Subclass 189 Skilled Independent (Permanent)
Subclass 190 Skilled Nominated (Permanent)
Subclass 491 Skilled Work Regional (Provisional)
Subclass 858 Global Talent (Permanent)

You can also express interest in the following visa programs on your EOI to be contacted by an employer.

Subclass 186 Employer Nomination Scheme (ENS)
Subclass 187 Regional Sponsored Migration Scheme (RSMS)
Subclass 482 Temporary Skilled Shortage (TSS)
Subclass 492 Skilled Employer Sponsored Regional (Provisional)

basic personal information
nominated occupation
work experience
study and education
level of English skills
details of a Skills Assessment, related to your nominated occupation
business and investment experience.

If you receive two invitations and you do not lodge a visa application in response to either of these invitations, your EOI will be removed from SkillSelect.

Financial capacity for student visa

If you need to provide evidence of financial capacity, you will be able to demonstrate this by providing one of the following:

evidence of funds to cover travel to Australia and 12 months’ living, course and (for school aged dependants) schooling costs for the student and accompanying family members
evidence that you meet the annual income requirement
an Acceptance Advice of Secondary Exchange Students (AASES) form (secondary exchange students only)
a letter of support from the Department of Foreign Affairs and Trade or Department of Defence.

Subsequent entrants – family members who apply after the primary applicant has been granted their visa must also provide documentary evidence of financial capacity. This must be one of the options above.

Twelve months’ funds option

Evidence of funds can include money deposits, financial institution or government loans, scholarships or sponsorships. You can calculate the total amount of funds you will need by adding living costs, course fees, schooling costs and travel costs. Use the information below to calculate the total amount of funds you will need.

Living costs

From 4 October 2019, the 12 month living cost is:

student or guardian – AUD $21 041
partner or spouse – AUD $7 362
child – AUD $3 152.

Course fees

Calculate the first 12 months of your course fees or include the total cost of your course if it is for a duration of 12 months or less. Deduct any prepaid costs and provide evidence of these payments (this should be on your Confirmation of Enrolment or provide receipts).

If you are in Australia and your course has already commenced, calculate the course fee payable for the 12 month period commencing from the date on which you lodge your application.

Example 1: if your course fee is AUD 50,000 for three years, determine the fee for one year (12 months) by dividing the total amount by the number of years. The amount will be AUD 16,666.

Example 2: If your course fee is AUD 15,000 for ten months, and you have already paid AUD 5,000, deduct this prepaid amount from the total amount. The amount will be AUD 10,000.

Schooling costs

Where school aged children are included in your student visa application, schooling costs of at least AUD 8,000 per year for each child will need to be added to the amount of funds required. You are responsible for researching schooling costs, which vary between states, territories and schools in Australia.

You do not have to provide evidence of schooling costs if you are:

a PhD student and can show you have enrolled your child in an Australian government school where the fees have been waived
received an Australian Commonwealth Government scholarship, including Foreign Affairs and Defence sponsored students, and you can show you have enrolled your child in a government school where the fees have been waived.

Travel costs

If applying outside Australia, include AUD2,000 (except if applying from East or Southern Africa, include AUD2,500; West Africa include AUD3,000).

If applying in Australia, include AUD1,000 (except if returning to Africa, include AUD1500).

Annual income option

The annual income option requires a student to provide evidence of personal annual income of at least AUD 62,222. For students accompanied by family members, the requirement is at least AUD 75,592. The income demonstrated must be the personal income of your spouse (who is not coming with you) or parents. Where both of your parents are working, their combined income can be considered for this requirement. Evidence must be in the form of official government documents such as tax assessments. Evidence in the form of bank statements or information directly from an employer is not acceptable.

Genuine access to funds

You and your accompanying family members must be able to access the funds shown while you are in Australia.

When considering whether the funds will be genuinely available, the department will take into account additional information and supporting evidence you provide, such as:

the nature of the relationship between you and the person who is providing the funds, where applicable
your income, assets and employment or those of the person providing the funds
evidence of financial support history
source of funds for any lump sum deposits.

Genuine temporary entrant requirement

All applicants for a Student visa must show they are coming to Australia temporarily to gain a quality education. The Genuine Temporary Entrant (GTE) requirement is not intended to exclude students who, after studying in Australia, develop skills Australia needs and who then go on to apply for permanent residence.

Write a personal statement addressing the GTE requirement

A student visa applicant must provide a personal statement in English addressing the GTE requirement. If you are not comfortable writing it in English, you can write your statement in your own language and submit a translated copy with your application.

You can provide further details of the written statement in the application form or attach a separate document with supporting documents.

It is recommended to include evidence for the information you provide in your written statement. Generic statements unsupported by evidence will not be weighed heavily in the GTE assessment.

Ministerial Direction 69 (52KB PDF) sets out a number of factors the delegate of the Minister takes into account when determining if you meet the GTE requirement. It is not a checklist. Examples of factors that are taken into account include:

What evidence and information to include in your GTE statement

You should provide evidence or information about:

Previous study

academic transcripts showing qualifications achieved
name of the education provider(s)
length of study
certificates of attainment

Gap in previous study

reasons why there is a gap in your studies including where you did not maintain enrolment

Current employment

your current employer
company address
period of employment
details of your position
the name and contact details of someone who can confirm the circumstances of your employment

Ties to home country or country of residence

evidence of financial, family or social ties. You need to show you have significant incentives to return home

Employment situation in home country or country of residence

documents showing employment or business activities for 12 months before lodging an application
potential employment offers including salary and other benefits, after course completion
income tax return or bank statements

Employment in a third country

Potential employment offers, including salary and other benefits, after course completion

How GTE is assessed?

The GTE requirement is used to make sure the student visa program is accessed as intended. The student visa program is not a way for international students to maintain ongoing residency in Australia.

The GTE requirement helps identify applicants who are using the student visa program for motives other than gaining a quality education.

Situations in your home country (or country of residence)

The Department will consider your:

reason for not studying in your home country or region if a similar course is available there
ties to your home country that support an intention to return after study is finished
economic situation
military service commitments
political and civil unrest in your home country

Potential situation in Australia

The Department will consider your:

ties to Australia that present a strong incentive to stay in Australia
level of knowledge of the proposed course and education provider
previous study and qualifications
planned living arrangements
financial stability

Value of the course to your future

The Department will consider:

if the course is consistent with your current level of education
if the course is relevant to past or proposed future employment in your home country or a third country
expected salary and other benefits in your home country or a third country obtained with your qualifications from the proposed course of study

Your immigration history

The Department will consider:

previous visa applications for Australia or other countries
visa refusals or cancellations

If you are a minor, the Department will consider the intentions of your parent, legal guardian or spouse.

Health Requirement

Australia enjoys some of the best health standards in the world. To maintain these standards, most visa applicants must meet minimum health standards before we will grant them a visa. This is called ‘meeting the health requirement’. The Department of Home Affairs might assess your health as part of the visa application process.

Health Examinations

Permanent and provisional visa applicants

You and any family members applying for the visa with you must have health examinations.

In some circumstances, family members who are not coming to Australia with you might also need to have health examinations.

Temporary visa applicants

You and any family members applying for a visa with you might need to have health examinations.

Whether you need them, and what examinations you need, depends on:

the visa you are applying for
how long you plan to stay in Australia
what you plan to do in Australia
the country you apply from
any special circumstances that might apply to you
whether you have any significant medical conditions

Why you must meet the health requirement

Making sure visa applicants meet the health requirement:

protects the Australian community from public health and safety risks, especially active tuberculosis
helps the government control how much we spend on services like social security benefits, allowances and pensions
ensures Australian citizens and permanent residents can access health and community services that are in short supply

Most visa applicants must meet the health requirement.

Your family members might also have to meet our health requirement even if they are not migrating to Australia. This will depend on what visa you apply for.

To meet the health requirement you must be free from any disease or condition that is:

a significant healthcare and community service cost to the Australian community
likely to limit the access of Australian citizens and permanent residents to healthcare and community services that are in short supply by placing demand on those services.

This is called prejudicing access.

You might have to have health examinations to prove you meet the health requirement. The results of your examinations will be assessed by a Medical Officer of the Commonwealth (MOC). If you have a significant medical condition, the MOC will advise us whether the condition is likely to:

threaten public health
result in significant healthcare and community service costs
place a demand on healthcare or community services that are in short supply

The MOC will consider what kind of services a hypothetical person with the same kind and severity of condition would need and advise us on that basis.

When the MOC gives us advice they can only consider your medical situation, not your other personal circumstances. For example, the MOC cannot take into account whether you will use available public services because you have private health insurance or enough money to pay for treatment.

The MOC might also recommend we ask you to sign a health undertaking.

Usually Resident

The definition of “usually resident” cannot be found in the migration legislation.

Therefore we will refer to the Departmental policy:

As ‘usually resident’ is not defined in the Migration Act 1958 or Migration Regulations 1994, it is taken to have its common or dictionary meaning. That common meaning has been the subject of a number of judicial decisions.

In 2003, the Full Federal Court considered ‘usual residence’ in Scargill v Minister for Immigration and Multicultural and Indigenous Affairs (2003) FCAFC III (2 June 2003) (Scargill). Scargill addressed the specific phrase ‘usually resident’ as it applied in the definition of ‘remaining relative’. The court in Scargill looked to other cases that used similar phrases, such as Kotaki Para Rubber Estates Limited v The Federal Commissioner of Taxation (1941) HCA 13; (1941) 64 CLR 241. Scargill found a person must meet two essential elements to be considered usually resident in a particular place:

a physical presence in a particular place (as indicated by where a person maintains a home, eats and sleeps, even if this is in hotels or a yacht) and
an intention to treat that place as a home for at least the time being but not necessarily forever.

Member of the family unit (MOFU)

Generally for most visa applications MOFU is defined in sub-regulation 1.12(2)

“A person is a member of the family unit of another person (the family head) if the person:

(a) is a spouse or de facto partner of the family head; or

(b) is a child or step-child of the family head or of a spouse or de facto partner of the family head (other than a child or step-child who is engaged to be married or has a spouse or de facto partner) and:

has not turned 18; or
has turned 18, but has not turned 23, and is dependent on the family head or on the spouse or de facto partner of the family head; or

iii. has turned 23 and is under paragraph 1.05A(1)(b) dependent on the family head or on the spouse or de facto partner of the family head; or

For consideration of humanitarian/refugee and protection visas there is a broader definition of MOFU provided in sub-regulation 1.12(4):

“A person is a member of the family unit of another person (the family head) if the person is:

(a) a spouse or de facto partner of the family head; or

(b) a dependent child of:

the family head; or
ii. a spouse or de facto partner of the family head; or

(c) a dependent child of a dependent child of:
i. the family head; or
ii. a spouse or de facto partner of the family head; or
(d) a relative, of the family head or of a spouse or de facto partner of the family head, who:
i. does not have a spouse or de facto partner; and
ii. is usually resident in the family head’s household; and
iii. is dependent on the family head.”