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Offices: Melbourne | Hobart | Sydney

Student Dependent Visa Australia

For those looking to expand their horizons, studying in Australia can be a fantastic opportunity. And best of all, you don’t have to stay in Australia alone! Australia allows full-time students to call their partner and families to join them in any state or territory while they complete their studies.

As expert migration agents, we can help our clients successfully obtain student dependent visas, allowing your partner and children to accompany you during this exciting time in your life.

We have outlined all the information you will need below to understand what a student dependent visa is, whether you qualify and how to get started.

Need a student dependent visa? Call us at 61 3 9939 0545 and we can help guide you through the process

What is a student dependent visa?

When applying for a student visa (Subclass 500), you are allowed to bring your partner — married or not — and any children the two of you might have to Australia for the duration of your study.

To qualify, the student visa holder must have at least 12 months validity on their visa and all necessary funds/insurance to cover all expenses for themselves and any dependent they bring.

This visa allows you and your family to stay in Australia for up to 5 years while you complete your study. The type of course and length will impact the length of stay you are granted.

Who classifies as a dependent?

  • Spouse
  • De facto partner
  • Unmarried children under 18 years of age (this includes children of your partner and adopted children)

A de facto partner is outlined in Section 4AA of the Family Law Act 1975. To qualify, you and your partner (either same or opposite sex) must have a relationship as a couple who live together on a genuine domestic basis. You may be required to provide evidence of this relationship in your application.

Family members must satisfy all Genuine Temporary Entrant (GTE) criteria to be eligible. This includes health and character requirements. You will also need to pay fees for all children under the age of 18 to attend school, whether they attend a private or public institution.

How can I apply for dependent visa in Australia?

You can either include any dependent on your original Australian student visa application or, if you prefer, you can have them join you later in Australia once you are settled in. Regardless, you must declare your family members in your student visa application even if you are unsure whether you will bring them. Otherwise, they will not be able to join you as a dependent and may struggle with the application process in the future, as you have not listed them as family.

If you apply for the visa after you have submitted your original student application, you will need to provide a number of documents:

  • Form 919 (Nomination of student dependents)
  • Form 157A (Application for a student visa)
  • A letter from a teacher that outlines the name of your course, length and expected completion date
  • Proof that you are satisfying all course requirements
  • Proof of ability to financially support family members
  • Proof of family ties (marriage certificate, birth certificate, etc.)
  • Proof of school enrollment for children under the age of 18
  • Proof of adequate health insurance for the duration of your stay

You can be either inside or outside Australia when applying. There is no set time when you will hear back about your application.

The cost for application for the main holder is AUD620 (unless exempt); each additional dependent will increase the price.

Can a student dependent work full time in Australia?

Generally, no. Family members on a dependent visa may only work up to 40 hours per fortnight, regardless of whether it is semester or break. They must also wait to commence employment until the primary holder of the student visa begins to study in Australia.

Family members of students undertaking a masters or PhD degree have full and unlimited working rights in Australia.

Employers looking to hire a partner or other dependent of the primary visa holder will most likely ask for evidence that proves you are eligible. They may ask for proof of the relationship (a visa grant letter, birth certificate, marriage certificate, etc.) or that the primary visa holder has commenced study (a letter from a teacher, Confirmation of Enrollment, etc.).

Can my Australian student visa get cancelled?

To remain an Australia visa student, you must meet the following obligations:

  • Remain enrolled in a registered course
  • The course must be the same Australian Qualifications Framework (AQF) level or higher than the course you were originally granted the student visa (unless changing from Level 10 to Level 9)
  • Maintain attendance and course progress for each study period (determined by education provider)

There are also a few circumstances where your visa may be cancelled:

  • Not attending class or meeting academic standards
  • Working in breach of visa
  • Switching to an eligible course
  • Completing your course earlier than expected

When going through the process, we can help you navigate the terms of your visa and, if anything does go wrong, help you fight unfair cancellation.

Can we stay in Australia after my studies are completed?

Once you have finished your studies, you can apply for visas such as:

  • Subclass 485 (Temporary Graduate) visa
  • Subclass 590 (Student Guardian) visa
  • Protection visa

Condition 8534 may be applied to you and any dependent. This means that you cannot apply for another visa except a further student visa with permission to work, a protection visa or Graduate Skilled Visa. Your case officer assessing your student visa application will determine whether or not Condition 8564 is applied in your situation.

You do have the right to ask the government to waive this condition in certain circumstances.

If you have completed the course nominated in your original student visa application, you may be able to apply for other visas, including:

  • General Skilled Migration visa (for example Subclass 189 or 190)
  • Subclass 132 (Business Talent)
  • Subclass 186 (Employee Nomination Scheme)
  • Subclass 187 (Regional Sponsored Migration Scheme)
  • Subclass 188 (Business Innovation and Investment (Provisional))
  • Subclass 482 (Temporary Skill Shortage)

If you are sponsored by the Department of Foreign Affairs and Trade or the Department of Defence, you will be subject to Condition 8535. This means that you cannot apply for a visa other than a Protection visa or a Student (Temporary) (Class TU), with the support of the Commonwealth or a foreign government.

Ready to begin your journey?

If you need more information about your Australia dependent visa application, get in touch with our experienced migration agents. With years of experience in procuring successful dependant visas, we can help you with any questions or concerns you might have.

Australian immigration law can be confusing and in order to get approval, you need the right information and the right process.

If you want to ensure that your children or partner can accompany you to Australia during your studies, call us today at 61 3 9939 0545.

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Visit our office or simply send us an email anytime you want. If you have any questions, please feel free to contact us.
Address
Level 7, 85 Queen Street, Melbourne
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(03) 9939 0545
0433 161 786
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info@visionaus.com.au
director@visionaus.com.au
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