Independent ELICOS Sector visa (subclass 570)

Sunday 5 November 2023

Visa Information: Independent ELICOS Sector visa (subclass 570)

The Independent ELICOS Sector visa (subclass 570) is no longer accepting new applications as of July 1, 2016. If you wish to extend your stay in Australia, you must now apply for a Student Visa (subclass 500).

Visa Holders

This information is intended for individuals who have already been granted an Independent ELICOS Sector visa (subclass 570), or for those who applied for the visa on or before June 30, 2016, and are awaiting a decision. It outlines your rights and obligations as a visa holder.

You can use the free Visa Entitlement Verification Online (VEVO) tool to check your visa details and conditions.

Duration of the Visa

If you currently hold an Independent ELICOS Sector visa (subclass 570), it will remain valid until the expiry date specified when your visa was granted.

What You Can Do with This Visa

With the Independent ELICOS Sector visa (subclass 570), you have the following privileges:

  • Study in Australia
  • Bring your dependent family members with you to Australia
  • Work up to 40 hours per fortnight while your course is in session and unlimited hours during scheduled course breaks, as long as you comply with State and Territory workplace laws
  • Allow your family members to work up to 40 hours per fortnight, provided you have already commenced your course of study in Australia
  • Allow your family members who are 18 or older to study in Australia for up to three months. If they wish to study for more than three months, they must apply for their own student visa (application can be made in Australia)

Obligations as a Student

As a student, it is crucial to comply with your visa conditions while studying and living in Australia to avoid the risk of visa cancellation. You must also adhere to Australian laws.

If you intend to change to a course in a different education sector (e.g., from an ELICOS course to a Diploma course), you will need to apply for a new Student Visa (subclass 500) as your current visa subclass will not be suitable for the new course or package of courses.

If your visa was granted under streamlined visa processing (SVP), you must continue to meet the requirements for visa grant. Failure to do so may result in visa cancellation if you transfer to a different education provider who was not an eligible education provider before July 1, 2016, and it is within the first 12 months of your visa being granted, or if you are not from a country that was Assessment Level 1 before July 1, 2016.

To determine which conditions apply to your visa, check your Visa Entitlement Verification Online (VEVO) or refer to your visa grant letter.

Changing Your Education Provider

In addition to complying with your visa conditions, there are specific requirements under the Education Services for Overseas Students (ESOS) National Code that apply if you wish to change your education provider.

If you have not completed six months of your principal course and want to switch education providers, the ESOS National Code outlines the circumstances under which this is possible. Generally, you will need permission from your current education provider to transfer to a new one, unless special circumstances apply.

If you do wish to transfer, your education provider must assess your request. All education providers must have documented procedures on their transfer policy. Before enrolling with a new education provider, ensure you understand their transfer policy and the requirements stated in your written agreement.

If your education provider does not grant permission to transfer and you are dissatisfied with the outcome, you can utilize the internal appeal process within your education provider. If you remain unsatisfied, you have the option to appeal the decision at an external complaints handling body, such as the State or Territory Ombudsman or the Overseas Student Ombudsman.

Students Under 18 Years of Age

If you are under 18 years of age, you must maintain adequate accommodation, support, and general welfare arrangements for the duration of your visa or until you turn 18.

If your welfare arrangements are approved by your education provider, you cannot travel to Australia until your welfare arrangements commence. The welfare start date is specified on the Confirmation of Appropriate Accommodation/Welfare Arrangements (CAAW) letter provided by your education provider.

If a student guardian is responsible for your welfare arrangements and they need to leave Australia without you, alternative approved welfare arrangements must be made prior to their departure. Failure to do so may result in visa cancellation.

'No Further Stay' Condition

Some visas are issued with a 'no further stay' condition. This condition restricts you from applying to stay in Australia beyond the specified date on your visa, except in certain circumstances.

Reporting Changes in Your Circumstances

It is essential to inform the relevant authorities if your circumstances change. This includes changes in your residential address, passport details, pregnancy, birth, divorce, separation, marriage, de facto relationship, or death in your family.

To report changes, please utilize ImmiAccount. If you are unable to use ImmiAccount, you can use the following forms:

  • Form 929 - Change of address and/or passport details - if you move to a new address or change your passport
  • Form 1022 - Notification of changes in circumstances - if there are other changes in your circumstances

Obligations for Family Members

Dependent family members must also comply with their visa conditions. Failure to do so may result in visa cancellation, requiring them to leave Australia.

Family members must:

  • Remain a member of your family for the duration of their stay in Australia
  • Have adequate financial support
  • Maintain adequate health cover
  • Work no more than 40 hours per fortnight, starting only after you have commenced your course
  • Attend school if they are of school age

Important: It is your responsibility to ensure that your family members meet the above conditions.

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