Student Visa Lawyer: Subclass 500 Applications, Refusals and the 485

The Student visa (subclass 500) lets you study full time at a registered Australian institution. To obtain a grant you need a Confirmation of Enrolment, you must satisfy the Genuine Student requirement, and you must show you can genuinely afford your course, living costs and travel.

Since 2 October 2026, most temporary visa holders can no longer apply for a Student visa from inside Australia. Our migration lawyers help students and families get the application right the first time, in Sydney, in Melbourne or by video call.

Tina Nematian, Principal Lawyer at One Planet Migration Law
Tina Nematian, Principal Lawyer
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Services

How we help with student visas

Subclass 500 visa applications

We prepare and lodge complete Student visa applications: Confirmation of Enrolment, Genuine Student answers, financial evidence, health cover and character documents. We first confirm where you may lodge, because an invalid onshore application cannot be reviewed at the Tribunal.

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Genuine Student requirement

The Genuine Student requirement decides most Student visa applications, and the Department gives more weight to answers supported by evidence. We help you answer each question within the word limit and choose documents that keep your course choice, finances and plans consistent.

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Financial capacity evidence

As at October 2026, a single student must show $29,710 for 12 months of living costs, plus the first year of course fees and travel, and the funds must be genuinely available. We match your evidence to the correct figures for your family composition.

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Partners and dependent children

Most new applications can no longer include a partner or children, and family cannot be added after grant. Exemptions remain for PhD students, DFAT or Defence sponsored students, foreign government scholarship holders and eligible Pacific and ASEAN students. We check whether one fits before you lodge.

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Work rights and condition 8105

Most Student visa holders may work up to 48 hours per fortnight while their course is in session, and unlimited hours in scheduled breaks. We advise on what counts towards the cap and what can happen if you go over it.

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Temporary Graduate visa (485)

When your course ends, the Subclass 485 can let you live, work and study in Australia. We advise on timing the application, the current charge, and how the 485 interacts with further study, because a 485 holder cannot lodge a Student visa from inside Australia.

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Changing courses or providers

Moving up the qualifications framework, transferring providers and extending with the same provider are now regulated steps with their own windows. We map your next enrolment against the rules before you commit, so a course change does not strand your visa position.

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Student visa refusals

If your Student visa was refused in Australia, you can generally apply to the Administrative Review Tribunal, and the short deadline cannot be extended. Most student reviews are now decided on the papers, so the written submission carries the case.

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What decides a Student visa application in 2026

What decides a Student visa application in 2026

Every Student visa application is decided against the same core tests.

  • Enrolment. You need a Confirmation of Enrolment from a CRICOS-registered course, and a further onshore course generally has to sit higher on the Australian Qualifications Framework than the one you finished.
  • The Genuine Student requirement. The Department weighs your circumstances, study history, reasons for the course and provider, and immigration history, and gives more weight to evidence-backed statements. The online form allows 150 words per answer. See the Department's Genuine Student page.
  • Financial capacity. As at October 2026 the 12 month living cost figure is $29,710 for the student, $10,394 for a partner and $4,449 for each child, plus school costs, the first year of course fees and travel. The funds must be genuinely available to you.
  • Health, character and insurance. Students need Overseas Student Health Cover, and health and character checks apply.

The base application charge for most applicants is $2,500 from 1 July 2026, with lower charges for some cohorts. Check the Department's current visa pricing before you pay.

Where you lodge is now a threshold question. From 2 October 2026, holders of 17 listed classes of temporary visa cannot make a valid Student visa application in Australia, current students need an exemption to apply onshore, and anyone required to lodge offshore must be offshore at grant. Our guide to the October 2026 changes lists every class and exemption.

After your course: the 485 and what comes next

The Subclass 485 Temporary Graduate visa is the usual next step, letting graduates live, work and study in Australia after their course. As at 2 October 2026 the base charge for most first-time applicants is $5,750, and the visa is generally once in a lifetime as the main applicant.

Two rules catch graduates planning further study. A 485 holder cannot lodge a Student visa onshore, a rule in place since 1 July 2024 and remade in October 2026. And the Government has announced that family members will no longer be attachable to 485 visas, though as at October 2026 that is announced only, not law. Our 485 changes guide tracks what is law and what is not.

If permanent residence is the goal, plan the skills assessment and points claim while you are on the 485. Our skilled migration service covers the 189, 190 and 491 pathways.

If your student visa is refused

Refusals are common enough to plan for. The Department's own program data shows a 21.8 per cent refusal rate for Student visa decisions in 2025-26, the highest in its published series, with the Genuine Student requirement and financial capacity the most discussed grounds. Our refusal rates analysis has the breakdown.

If you applied in Australia, you can generally seek review at the Administrative Review Tribunal within 28 days of notification, and the Tribunal cannot extend the time. Since 1 June 2026 most student reviews are decided on the papers, without a hearing, so your written submissions are effectively the whole case. If you applied offshore, review is generally unavailable and a fresh application addressing the reasons is the usual path, though the section 48 bar, the October 2026 onshore rules and any bogus document finding can shape what you may lodge next. Bring us the refusal letter and the date you received it quickly. Our appeals service explains how we run reviews.

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Talk to a student visa lawyer

Bring your Confirmation of Enrolment, your current visa and any refusal letter, and we will tell you what is realistic. Consultations are with Tina Nematian or Ivana Djoneski, in Sydney, in Melbourne or by video call. Book a consultation.

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Guides

Student and graduate visas: our guides

Plain-English guides written by our lawyers. General information only, not legal advice for your situation.

All 11 guides on student and graduate visas
FAQ

Frequently asked questions

What is the Genuine Student requirement?

It applies to applications lodged on or after 23 March 2024, replacing the old Genuine Temporary Entrant test. The Department asks whether you are a genuine applicant for entry and stay as a student, weighing your circumstances, study history, course choice and immigration history, and gives more weight to evidence-backed statements. The online form allows 150 words per answer.

How much money do I need to show for a student visa?

As at October 2026, a single student must show $29,710 for 12 months of living costs, plus the first year of course fees and travel. A partner adds $10,394, each child $4,449, plus $13,502 a year school costs per school-age child. Our financial capacity guide explains the evidence.

How much is the student visa application charge?

From 1 July 2026 the base charge is $2,500 for most applicants, $2,050 for ASEAN passport holders and ELICOS or non-award students, and $745 for Pacific and Timor-Leste passport holders, as at October 2026. Confirm the figure before lodging. Our 2026 visa fees guide covers the program.

Can I apply for a student visa while I am in Australia?

It depends on the visa you hold. From 2 October 2026, holders of 17 listed temporary visa classes, including visitor, working holiday, 482 and 485 visas, cannot apply in Australia. Current students need an exemption, and anyone required to apply offshore must be offshore at grant. See our October 2026 changes guide.

Can I include my partner or children in my student visa?

Most new applicants cannot include a partner or dependent children, and no student can add family after grant. Exemptions remain for PhD students, students sponsored by DFAT or Defence, foreign government scholarship holders and eligible Pacific and ASEAN students. Our family members guide has the detail.

How many hours can I work on a student visa?

Up to 48 hours per fortnight while your course is in session, counted across all jobs combined, and unlimited hours in scheduled breaks and after course completion. Masters by research and PhD students may work more once their course starts. The limit is usually condition 8105, and breaching it can put your visa at risk. Our work hours guide has the detail.

Can I move from a student visa to a 485 or permanent residence?

Usually, if you meet the requirements. Graduates commonly move to the Subclass 485 Temporary Graduate visa, then to a skilled visa such as the 189, 190 or 491 with a skills assessment, points and an invitation. Note that a 485 holder cannot apply for a Student visa onshore. See our 485 guide and skilled visas page.

What can I do if my student visa is refused?

If you applied in Australia, you can generally apply to the Administrative Review Tribunal within 28 days of notification, and the Tribunal cannot extend that deadline. Most student reviews are now decided on the papers. If you applied offshore, review is generally unavailable and a fresh application addressing the reasons is the usual path. See our appeals service promptly.

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