Student Visa Subclass 500: Lodging Yourself or Using an Agent

This article provides general information only about the student visa (subclass 500) and about the people who may assist with an application. It does not constitute migration or legal advice, and it does not take account of the circumstances of any individual reader. Visa requirements, charges and processing arrangements change, and the version that applies is the one in force on the day of the application.

The position taken here is as follows. An applicant is permitted to lodge a student visa application personally, and many straightforward applications are lodged that way. Paid assistance is most likely to be worth its fee where the circumstances are not straightforward. The first step in any case is to understand that two different kinds of adviser are involved in international study, and that only one of them is authorised to give immigration assistance.

1. What the subclass 500 visa is

The student visa (subclass 500) is the visa under which a person who is not an Australian citizen or permanent resident ordinarily studies in Australia in a registered course. It is applied for online through the Department of Home Affairs. The department publishes the requirements, the application charge and the financial capacity figures on its student visa page, and those pages are the only reliable place to read current amounts. No figure is repeated here, because a figure stated in an article may be out of date by the time the article is read.

The categories of requirement that an application generally has to address are set out below.

1. Enrolment: evidence that the applicant is enrolled in, or has been offered a place in, a registered course with a registered provider.
2. Genuine student requirement: a set of questions and a statement concerning the applicant’s circumstances, reasons for study and intentions, which the department assesses.
3. Financial capacity: evidence that the applicant can meet course fees, living costs and travel costs, using the methods and thresholds the department publishes.
4. English language: evidence of English language ability where the department requires it.
5. Health insurance: overseas student health cover for the period of the visa, unless an exemption applies.
6. Health and character: medical examinations where required, and police certificates or character information where required.

The list is a summary of categories, not a checklist for a particular applicant. The department’s page sets out the detail, and any statement in it takes priority over this article.

2. Who may give immigration assistance

The persons who advise on international study fall into two groups, and they are frequently confused.

1. An education agent assists students with choosing a course and provider, with enrolment and sometimes with accommodation and arrival arrangements. Education agents are commonly engaged by education providers, and the arrangements between providers and agents are subject to the framework that governs international education in Australia.
2. A registered migration agent is a person registered with the Office of the Migration Agents Registration Authority (OMARA) who is permitted to provide immigration assistance, meaning the use of knowledge of migration law to assist with a visa application or to advise on one. Australian legal practitioners may also provide immigration assistance (the rules for legal practitioners are changing; the OMARA website lists the commencement dates, so check the position that applies on the day).

An education agent is not, by virtue of that role, authorised to provide immigration assistance. Where a business holds both roles, the migration advice is given by a person who is individually registered. Under the Migration Act 1958, it is generally an offence for a person who is neither registered nor otherwise exempt to provide immigration assistance for a fee or reward, so the distinction has legal consequences for the person giving the advice and practical consequences for the applicant who relies on it.

The OMARA register is public. A reader considering paid assistance may search it to confirm that a named individual is registered, and may check whether that registration is current. A person who describes themselves as a “visa consultant” without being registered, or without being a legal practitioner, should be treated with caution in relation to any advice on the visa itself.

3. What can reasonably be lodged without an agent

There is no general requirement that an applicant must use an agent to lodge a student visa application. An application lodged personally follows the same steps as one lodged through an adviser: an account with the department, the application form, the supporting documents and the charge.

A personal lodgement is more likely to be manageable where the following conditions are met.

1. The applicant holds an offer of a place or a confirmation of enrolment from a registered provider, and the course details are consistent with the applicant’s earlier study.
2. The applicant’s finances are documented and easy to explain, and the sources of funds are clearly identified.
3. The applicant has no history of a visa refusal or cancellation, no unresolved health or character questions and no unexplained gaps in study or employment.
4. The applicant’s English language evidence, where required, is already in hand.
5. The applicant is prepared to read the department’s instructions and to answer the genuine student questions in the applicant’s own words.

The last point deserves emphasis. Questions on the applicant’s reasons for study should be answered by the applicant, from the applicant’s own circumstances. A statement written entirely by a third party, or copied from a template, risks reading as generic and may not reflect the applicant’s own account. Assistance with presentation is a different matter from supplying the content.

4. Where paid assistance may be worth considering

The following circumstances are those in which a reader may reasonably consider engaging a registered migration agent or a legal practitioner. They are listed as a guide, not as a prediction of what the department will decide.

1. A previous visa application in any country was refused, or a visa was cancelled.
2. There are character matters, such as a criminal record, that may require explanation.
3. There are health matters that may require a waiver or special consideration.
4. The applicant is changing course or provider in a way that affects the visa or its conditions.
5. The applicant is applying for family members to accompany them.
6. The study history includes breaks, repeated course changes or a pattern that the department may query.
7. The applicant has received a notice from the department, including a request for further information, and the response period is limited.

In these cases the cost of the fee is to be weighed against the cost of an adverse decision. In the others, an applicant may prefer to proceed personally and to reserve paid assistance for any later difficulty.

5. Questions to put to any adviser

An applicant who decides to engage assistance may find the following questions useful.

1. Is the person individually registered with OMARA, or a legal practitioner, and what is the registration number?
2. Will the fee, the scope of the work and the payment arrangements be recorded in a written agreement?
3. Which tasks does the fee include, and which are charged separately, such as translations, medical examinations and the government charge?
4. If the adviser is also an education agent, which education providers does the adviser represent, and does the adviser receive payment from those providers?
5. What happens if the application is refused? Is any part of the fee refundable, and what further steps does the adviser’s engagement cover?

Registered migration agents are bound by a Code of Conduct, which is published by OMARA and which sets out standards for written agreements, honesty and communication with clients. A person who is not satisfied with the conduct of a registered agent may raise the matter with OMARA.

The fee, as with any figure in this field, should be obtained in writing from the adviser and compared with the charge published by the department. A reader should also be cautious about any assurance of a guaranteed outcome. A visa decision is made by the department, not by the adviser.

6. Looking beyond the student visa

A student who later hopes to remain in Australia on a skilled visa will meet a separate system. Eligibility for skilled migration is assessed on a different basis from the student visa, and the way points are counted is explained in the skilled migration points test guide. The student visa does not carry any promise of a later visa, and the department’s page on each visa is the place to read the requirements.

Position of the applicant

In summary, the applicant may lodge a subclass 500 application personally, and an applicant with a clear and well documented case may reasonably do so. Immigration assistance is a regulated activity, and an education agent is not authorised to give it unless the person is also registered or is a legal practitioner (the position for legal practitioners is changing, so check the OMARA website). A reader whose circumstances are complex, or who is uncertain, is advised to consult a registered migration agent whose registration has been confirmed on the OMARA register, and to rely on the Department of Home Affairs for current requirements and charges.

Sources: Department of Home Affairs, Student visa (subclass 500) (https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/student-500); Office of the Migration Agents Registration Authority, register of migration agents and Code of Conduct (https://www.mara.gov.au); Migration Act 1958, Federal Register of Legislation (https://www.legislation.gov.au/C1958A00062/latest/text); Department of Education, international education and education agents (https://www.education.gov.au/esos-framework/education-agents)