Document ID: chunk:federal_register_of_legislation:F2024C00445:body:0:p2
Version: federal_register_of_legislation:F2024C00445
Segment Type: other
Provision Reference: 
Character Range: 2809–5871

Visa and Subclass 590 Visa) Instrument 2019.

    (2)  This instrument may be cited as LIN 19/198.

3 Authority

    This instrument is made under the following subclauses of Schedule 2 to the Regulations:
(a) 500.214(4);

(b) 500.313(4);

(c) 590.216(4).

4 Definitions

          Note 1: A number of expressions used in this instrument are defined in the Regulations including the following:
           AASES form;
           course of study;
           Defence student;
           dependent child;
           financial institution;
           Foreign Affairs student;
           nominating student;
           school-age dependant;
           student visa.

          Note 2: A number of expressions used in this instrument are defined in the Act including the following:
           de facto partner;
           member of the family unit;
           spouse.

     In this instrument:
Act means the Migration Act 1958.
primary applicant means an applicant seeking to satisfy the primary criteria for a Subclass 500 (Student) visa.
primary Student Guardian applicant means an applicant seeking to satisfy the primary criteria for a Subclass 590 (Student Guardian) visa.
primary student visa holder means a person of whom the secondary applicant is a member of the family unit, and who holds a student visa on the basis of satisfying the primary criteria for that visa.
Regulations means the Migration Regulations 1994.
secondary applicant means an applicant seeking to satisfy the secondary criteria for a Subclass 500 (Student) visa.
secondary Student Guardian applicant means an applicant seeking to satisfy the secondary criteria for a Subclass 590 (Student Guardian) visa.
secondary student visa holder means a person who holds a student visa on the basis of satisfying the secondary criteria for that visa because they are a member of the family unit of the Primary Student Visa Holder.

Part 2—Requirements for applicants

6 Subclass 500 (Student) visa—primary applicants

       (1) For the purposes of subclause 500.214(3) of Schedule 2 to the Regulations, a primary applicant must give to the Minister evidence of financial capacity that satisfies the requirements of subsections (2), (3), (4), (5) or (6).

        Note: For primary applicant, see section 4 of Part 1 to this instrument.

       (2) The evidence of financial capacity:

(a) is in the form specified in section 10; and

(b) demonstrates that the primary applicant has sufficient funds available to meet the following costs and expenses of the primary applicant:

 (i) travel expenses; and

 (ii) the following living costs and expenses:

(A) if the primary applicant intends to stay in Australia for a period of 12 months or more—AUD29,710 (primary applicant annual living costs); and

(B) if the primary applicant intends to stay in Australia for a period of less than 12 months—the pro rata equivalent of primary applicant annual living costs, calculated as specified in section 11; and

 (iii) the following course fees, minus any amount already paid:

(A) if the duration, or the