Genuine access – Annual income

Applicants who have demonstrated sufficient funds by providing evidence of the annual income of their spouse/de facto partner or parent would need to show that they would genuinely have access to the funds generated from the income. Because the annual income requirement is restricted to the applicant’s spouse/de facto partner or parents, there is generally no need to further scrutinise ‘genuine access’ based on the relationship to the applicant.

However, in order to meet the ‘genuine access’ component of the financial requirement, the applicant may need to provide evidence of the relationship to the applicant of the person providing the funds. The Department may also seek evidence of the currency of employment/asset ownership generating the personal income, particularly if there are concerns with the age of the records, or information available to the Department to indicate there may have been a change in circumstances (for example significant economic downturn in a country, or specific intelligence about an applicant).

Additional scrutiny may also be appropriate if the amount of personal income demonstrated is equal to the amount required, suggesting that the funds have been generated specifically to meet visa requirements.

Genuine access – Money deposit

Money deposits held by the applicant, the applicant’s spouse/de facto partner or the applicant’s parents would generally satisfy the genuine access requirement.

Funds that are not committed to the applicant are less likely to be available to the applicant for the purpose of financially supporting the applicant in Australia. For example, if several family members and/or third parties are contributing to the applicant’s stay in Australia, the money is less likely to be available to the applicant in Australia than if the money is in the applicant’s own name (or the name of their spouse/de facto partner /parent, as relevant).

An example of a situation in which an applicant would reasonably be expected to have access to funds in Australia in circumstances where the money deposit is in another person’s name, is where the applicant will live with a relative in Australia and the relative will provide for all (or some) costs and expenses while in Australia. For example, the relative will provide for all living costs, but the student’s parents will fund, for example, course fees.

Consideration should be given to eight factors:

• whether the account is held in the applicant’s name
• the relationship of third parties to the applicant and the account holder (for example, are they a relative)
• whether the money is a lump sum payment in an account (even if held by the applicant or their spouse/de facto partner /parent) or is there a savings history to accumulate the funds (this should include where third party ‘donations’ or ‘loans’ have come from
• how long the money has been in the account
• where the account is held (for example, held in Australia, or whether held in a country from which large money deposits cannot be transferred internationally)
• if the money deposit is held outside Australia, whether there is evidence that the exchange control regulations of the country permit the remittance of funds for study and where necessary whether evidence of requisite approval is available
• the applicant’s age
• the family’s individual circumstances.

If a business account is presented as evidence of financial capacity, the Department must be satisfied that those funds will be for the use of the student while the student is in Australia.

(Note: If financial support is being provided by a business, it is the business (and not the individuals within the business) that provides the support. Unless the persons who have the authority to commit the business are identified and appropriate documentation is obtained, genuine access to the funds cannot be established.)

In these circumstances, the business should be able to transfer the funds that it wishes to commit towards the student into an account (current, savings or term deposit) in the name of the student or the person providing the financial support. The applicant may be asked to provide evidence that the source of funds was the business.

Where funds have been transferred into an acceptable financial institution but have come from another source, supporting documents should show that the student has genuine access to these funds. For example:

• evidence of income or transfers from another institution/account, with further scrutiny where the record of transfer from the other institution or account is not generally reliable.
• when the money in provident funds is deposited into an account with an acceptable financial institution and the applicant has unrestricted access, evidence of the provident fund terms, withdrawal and amendment to fund account.
• similarly, funds transferred from an account at an institution that is the usual bank of the student or sponsor (such as a post office account) to a financial institution on the approved list can be supported by the account history. Where this shows that a wage has been credited into the account, this can be supported by evidence of employment.