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Student Visa Lawyers — Applications, Conditions & Cancellation Defence.
Australia's student visa (subclass 500) is the gateway for international students — but it comes with strict conditions on enrolment, attendance, academic progress, and work hours. Condition breaches can trigger cancellation with very little warning. A lawyer helps with the initial application, responds to Departmental requests, and challenges cancellation decisions at the AAT.
⚠ Student visa cancellation can happen without prior warning — a notice of intention to cancel gives you as little as 5 working days to respond. If your visa is at risk, act immediately. Get advice today.
What We Help With
Student visa matters — applications, breaches, and appeals.
Subclass 500 Student Visa Application
Applying for a student visa for any CRICOS-registered course in Australia — including higher education, vocational education, English language, secondary, and postgraduate research programs. A lawyer maximises the strength of the GTE statement and financial evidence.
Genuine Temporary Entrant (GTE) Criterion
The GTE criterion is the most commonly cited reason for student visa refusal. Applicants must satisfy the Department that they are a genuine temporary entrant who intends to stay only temporarily. A lawyer prepares a comprehensive GTE statement addressing the specific risk factors for the applicant's home country and circumstances.
Condition 8202 — Satisfactory Academic Progress
Condition 8202 requires student visa holders to maintain satisfactory attendance and academic progress in their course. Breaches — including failing subjects, low attendance, or course deferrals — can trigger cancellation action by the provider and then the Department.
Condition 8105 — Work Hour Restrictions
Student visa holders (and most student dependants) are limited in the hours they can work during the course term. The current limit is 48 hours per fortnight during term time (unlimited during gazetted vacation periods). Breaching the work hour limit can result in visa cancellation.
Student Visa Cancellation — Response
Responding to a Notice of Intention to Cancel (NOICC) — presenting mitigating circumstances, evidence of compliance, or compelling circumstances that weigh against cancellation. A well-prepared NOICC response can prevent the cancellation being issued.
Student Visa Refusal — AAT Review
Challenging a student visa refusal at the AAT — particularly GTE refusals where the Department incorrectly assessed the applicant's intentions. The AAT conducts a full merits review including the ability to present additional evidence. 28 days from the refusal decision.
What the Law Says
Student visa criteria — what the Department assesses.
The Genuine Temporary Entrant criterion
The GTE criterion requires that the applicant is seeking to enter Australia temporarily for the genuine purpose of undertaking a course of study. The Department assesses the applicant's individual circumstances — including their immigration history, ties to their home country, their course choice and its relevance to their future plans, and their economic circumstances. A GTE statement that does not specifically address the risk factors for the applicant's home country and individual situation is a common reason for refusal. A lawyer prepares a targeted GTE statement.
Financial capacity requirements
Student visa applicants must demonstrate they have sufficient funds to cover their tuition fees, living expenses, and travel costs for themselves and any accompanying dependants. The Department publishes indicative financial capacity amounts — for 2024, approximately AUD $29,710 per year for living expenses plus the cost of tuition and travel. Evidence must be from genuine, accessible funds — not funds held by third parties without a clear reason for them to fund the applicant's study. A lawyer advises on the documentation required to satisfy the financial criterion.
Condition 8202 — how attendance and progress are assessed
CRICOS-registered providers are required to monitor student attendance and academic progress and to report to the Department where a student's attendance falls below 80% or where the student is not maintaining satisfactory progress. The provider must first attempt to contact the student and then issue a notice of intention to report. Where the provider reports a breach, the Department may cancel the visa. A lawyer responds to the provider's notice and, if necessary, the Department's notice of intention to cancel.
Compelling circumstances — a defence to cancellation
Where a student has breached a visa condition, the Department may still decline to cancel where there are compelling circumstances affecting the student's interests — for example, a medical condition, a family emergency, or significant mental health issues that affected attendance or performance. A lawyer gathers evidence of the compelling circumstances and presents it in the NOICC response to demonstrate that cancellation would be disproportionate given the circumstances that led to the breach.
Graduate Visa (subclass 485) — post-study work rights
Students who complete a qualification from an Australian institution may be eligible for a post-study Graduate Visa (subclass 485) — providing 2–6 years of work rights depending on the qualification level and location of study. The 485 visa must be applied for from onshore Australia while the student still holds a substantive visa. A student whose visa is cancelled before completing the qualification may lose the pathway to a 485 visa — making immediate legal action critical where cancellation is threatened.
Student visa and work hour limits — the current rules
Since 1 July 2023, student visa holders are permitted to work 48 hours per fortnight during course term time (previously 40 hours). During gazetted vacation periods, there is no limit on work hours. The 48-hour limit applies to the combined hours worked across all jobs. Condition 8105 breach — working more than the permitted hours during term — is a ground for visa cancellation. Employers and labour hire agencies that encourage international students to breach their work conditions can also face penalties under the Migration Act.
How It Works
One request. Student visa clarity.
Tell us whether you are applying for a student visa, responding to a cancellation notice, or appealing a refusal. An immigration specialist will assess your situation.
Submit Your RequestDescribe your student visa situation
Tell us whether you are applying for a new student visa, received a refusal or NOICC, or are dealing with a condition breach. Include your nationality, course details, and any deadlines.
Matched to a student visa specialist
Your request is matched to a registered migration agent or immigration lawyer experienced in student visa applications and cancellation matters.
Free assessment arranged
An immigration specialist assesses your options and advises on the strongest response to any notice or the best approach to the initial application.
Common Questions
Student visas — frequently asked questions.
My student visa was refused because of the GTE criterion — can I appeal?
Yes — student visa refusals on GTE grounds attract AAT merits review within 28 days. The AAT conducts a full assessment of the GTE criterion, including the ability to provide additional evidence and submissions that were not before the Department. Many GTE refusals are overturned at the AAT where the applicant's case is properly prepared and presented. A lawyer prepares the AAT review submissions specifically addressing why the Department's assessment of the GTE criterion was incorrect.
My attendance dropped due to illness — will my visa be cancelled?
Not necessarily. Compelling circumstances — including illness supported by medical evidence — can be presented in response to a NOICC (Notice of Intention to Cancel). The Department has a discretion not to cancel where compelling circumstances exist that affected the student's ability to comply with the conditions. The key is to respond to the NOICC promptly and with comprehensive medical evidence, an explanation of the circumstances, and evidence of compliance since the relevant period. A lawyer prepares the NOICC response.
Can I change courses or providers while on a student visa?
Yes, but with limitations. Changing courses or providers is permitted in some circumstances — but must be managed carefully to avoid a breach of condition 8202. During the first 6 months of a course, a student cannot transfer to a different provider without the written release of their current provider (unless there are compassionate or compelling circumstances). After the first 6 months, transfer is generally permitted but must be notified. A lawyer advises on the correct process for changing courses or providers without breaching visa conditions.