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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?

 

What is an EOI?

An Expression of Interest (EOI) is a way to show you want to apply for certain Australian skilled migration visas (such as Subclass 189, 190, 491, and 858). You submit your EOI online via SkillSelect. It is not a formal visa application, but a statement that you wish to be considered.

Who Needs to Submit an EOI?

From 1 July 2012, you must submit an EOI and receive an invitation before applying for:

  • Subclass 189 – Skilled Independent (Permanent)
  • Subclass 190 – Skilled Nominated (Permanent)
  • Subclass 491 – Skilled Work Regional (Provisional)
  • Subclass 858 – National Innovation Visa (Permanent)

Information Required

You’ll be asked to provide details such as:

  • Personal information
  • Nominated occupation
  • Work experience
  • Education
  • English language skills
  • Skills Assessment results

Important Rules

  • Your EOI score must be accurate and provable at visa application; otherwise, your visa may be refused. You can edit/update/pause or withdraw your EOI before invitation is issued.
  •  If you receive an invitation, you’ll have 60 days to apply for the visa.
  • Providing false or misleading information can result in a threeear ban.
  • If you ignore two invitations or your EOI expires (after two years),  is removed from SkillSelect.

Recommendation

Consider consulting a migration specialist to avoid mistakes that can lead to 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
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 reasonab​le 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.

English Language Proficiency

The Department of Home Affairs (the department) requires evidence of English language proficiency for some Australian visa applications. This helps effectively manage immigration risk and ensure visa holders can fully participate in the Australian community.

We get evidence from several English language tests approved for Australian visa applications.​ Tests may be available in either computer-based or paper-based formats. The test must take place in a secure testing centre.

On 7 August 2025, the English language tests approved for Australian visa purposes changed. If you completed a test before this date, your results may still be valid for up to 3 years. This will depend on the visa subclass you apply for. You will need to check the:

  • required English test scores for the visa
  • type of evidence you must provide
  • test eligibility timeframes.

You can find this information by visiting getting a visa. More information on the changes to the English language test is below.​

For tests taken on or after 7 August 2025

The department accepts test scores from the following tests​ that are undertaken at a secure test centre:

​For tests taken on or before 6 August 2025*

The department still accepts test scores from the following tests, up until certain timeframes, that are undertaken at a secure test centre:

*Test results from a test taken on or before 6 August 2025 may be used as evidence of English proficiency for visa​ purposes until 6 August 2028, inclusive. This will depend on the visa.

You must check what level of English you need and what evidence you must provide for the visa you want to apply for. You can check this through the eligibility page of the relevant visa subclass.

English proficiency level requirements for your visa

For information on test score validity periods and detailed evidence requirements, refer to the below:

English language requirements in Australian Migration Legislation

You can find English language requirements specified in the following legislative instruments for the Migration Regulations 1994:​

You can find these instruments, along with others outlining visa-specific English language requirements, at the Federal Registration of Legislation.

Online test restrictions

The department does not accept evidence from English language tests that are delivered completely online (also known as ‘remote-proctored’ or ‘at-home’).

Examples of online tests that we do not accept for Australian visa purposes include:

  • CELPIP Online
  • IELTS Online
  • LANGUAGECERT Academic Online
  • MET Digital (taken at-home)
  • OET@Home

TOEFL iBT – Home Edition​

English language requirements for Student visas

 

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

For tests taken before 7 August 2025:

 

For tests taken on or after 7 August 2025: 

You must have completed the English language test either:

  • 2 years before the date you lodged your visa application if you are Regular Evidence level, or
  • 2 years immediately before we make a decision on your visa application if you are Streamlined Evidence level and the Department has asked you for evidence.

Education provider may have their own entry requirements for an intendent course of study.

English language evidence exemptions

You do not need to give us evidence of an English test score with your visa application if one of the following applies:

  • you are a citizen and hold a passport from UK, USA, Canada, NZ or Republic of Ireland
  • you are an applicant who is a Foreign Affairs or Defence sponsored student, or a Secondary Exchange student (AASES)
  • you are enrolled in a principal course of study that is a registered school course
  • you are enrolled in a principal course of study that is a standalone English Language Intensive Course for Overseas Students (ELICOS)
  • you are enrolled in a principal course of study registered and delivered in a language other than English
  • you are enrolled in a registered post-graduate research course
  • you have completed at least 5 years’ study in English in Australia, UK, USA, Canada, New Zealand, South Africa, or the Republic of Ireland
  • in the 2 years before applying for the student visa you completed the Senior Secondary Certificate of Education in Australia in English while you held a student visa
  • in the 2 years before applying for the student visa you completed a substantial component of a course that would qualify you under the Australian Qualifications Framework at the Certificate IV or higher level, while you held a student visa.

Note: We may need you to give us evidence of an English test score with your visa application if you hold a British National Overseas (BNO) passport.

For more information on English Language Tests and Evidence Exemptions refer to the Migration (English Language Tests and Evidence Exemptions for Subclass 500 (Student) Visas) Instrument 2025 – Federal Register of Legislation.

Financial Capacity for Student Visas

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 10 May 2024, the 12-month living cost is:

  • student or guardian – AUD $29 710
  • partner or spouse – AUD $10 394
  • child – AUD $4 449.

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 $13,502.00 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

As a guide, when you calculate how much money you need, include:

  • AUD2,500 for travel costs if you are applying from East or Southern Africa
  • AUD3,000 for travel costs if you are applying from West Africa
  • AUD2,000 for travel costs if you are applying from anywhere else outside Australia
  • AUD1,000 for travel costs if you are applying in Australia. If you will be returning to Africa include AUD1,500.

Annual income option

The annual income option requires a student to provide evidence of personal annual income of at least AUD $87,856. For students accompanied by family members, the requirement is at least AUD $102,500. 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, we 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.
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 t​he health requirement

Making sure visa applicants meet the health requirement:

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:

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 (M​OC). If you have a significant medical condition, the MOC will advise us whether the condition is likely to:

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.​

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:

  1. has not turned 18; or
  2. 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

(c) is a dependent child of a person who meets the conditions in paragraph (b).”

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:

  1. 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.”

Genuine Student Requirement

The Government has replaced the Genuine Temporary Entrant (GTE) requirement for student visas with a Genuine Student (GS) requirement. This is effective for student visa applications lodged on and after 23 March 2024.

This requirement does NOT apply to student visa applications lodged before 23 March 2024. We will continue to assess these applications against the GTE requirement.

All applicants for a student visa must be a genuine applicant for entry. They must stay as a student and be able to show an understanding that studying in Australia is the primary reason of their student visa. The GS requirement is intended to include students who, after studying in Australia, develop skills Australia needs and who then go on to apply for permanent residence.

To be granted a student visa, all applicants must demonstrate they satisfy the genuine student criterion or the genuine student dependent criterion.

In the online student visa application form, we will ask the applicant the below questions to address the GS criteria. 

  • Give details of the applicant’s current circumstances. This includes ties to family, community, employment and economic circumstances. 
  • Explain why the applicant wishes to study this course in Australia with this particular education provider. This must also explain their understanding of the requirements of the intended course and studying and living in Australia.
  • Explain how completing the course will be of benefit to the applicant.
  • Give details of any other relevant information the applicant would like to include.

Answers must be written in English, with a maximum of 150 words per question.

There is an additional question for those applicants who have previously held a student visa or those who are lodging an application in Australia from a non-student visa.

Along with the responses included in the application form, the applicant must attach supporting documents to their ImmiAccount.

Generic statements unsupported by evidence are not given significant weight in the GS assessment. This means it is important to provide evidence to support a claim made by the applicant.

We consider an applicant’s overall personal circumstances when we assess whether they are a genuine student.

What evidence and information to include

We encourage applicants to provide evidence or information about:

Previous study​​

This includes:

  • Academic transcripts showing qualifications achieved
  • Name of the education provider(s)
  • Length of study
  • Certificates of attainment

Previous study in Australia​​​

This includes:

  • A complete history of study record(s) in Australia
  • Reasons for change of course and/or education providers
  • Details of information on course progress
  • Study gaps of more than 2 months during an academic year
  • Any other information the applicant considers relevant to their study record in Australia

Current employment​​

This includes:

  • Details of their current employer and company address
  • Period of employment
  • Details of position held
  • The name and contact details of someone who can confirm the circumstances of the declared employment

Circumstances in their home country or coun​try of residence

This includes:

  • The nature of the applicant’s personal ties eg. example family, community and employment. They will need to provide reasons for not studying in their home country if a similar course is available.

Economi​c circumstances in home country or country of residence

This includes:

  • 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

If there is political and civil unrest and military service commitments in the applicant’s home country that would present as a significant incentive for them to leave their home country, they must provide their reasons and supporting evidence.

How we​​ assess GS

The GS criterion focuses on the assessment of the student’s intention to genuinely study in Australia. It considers factors including the applicant’s:

  • circumstances
  • immigration history
  • compliance with visa conditions and any other relevant matter.

This criterion acknowledges that post-study pathways are available for those who may be eligible.

Situations in their ​​​home country (or country of residence)

We consider:

  • reason for not studying in their home country or region if a similar course is available there
  • the nature of the applicant’s personal ties to their home country
  • economic circumstances
  • military service commitments political and civil unrest in their home country.

Potential situatio​n in Australia

We consider:

  • level of knowledge of the proposed course and education provider
  • previous study and qualifications
  • planned living arrangements
  • financial stability.

Value​​ of the course to their future

We consider:

  • if the course is consistent with their current level of education and if the course will assist them to obtain employment or improve employment prospect in their home country or another country.
  • if the course is relevant to past or proposed future employment in their home country or another country
  • expected salary and other benefits in their home country or another country obtained with the applicant’s qualifications from the proposed course of study.

Immigration ​history

We consider:

  • visa and travel history for Australia and other countries
  • previous visa applications for Australia or other countries
  • visa refusals or cancellations.

If the applicant is a minor, we consider the intentions of the parent, legal guardian or spouse.

Any othe​​r relevant matter

Give details of any other relevant information the applicant would like to include in their application.​

For more information, refer to Ministerial Direction No. 106 (348KB PDF).