Migration Amendment Regulations 2001 (No. 5) (Cth)
Migration Amendment Regulations 2001 (No. 5) 1
Statutory Rules 2001 No. 162 2
I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the
Migration Act 1958. Dated 28 June 2001
WILLIAM DEANE
Governor-General
By His Excellency’s Command
PHILIP RUDDOCK
Minister for Immigration and Multicultural Affairs
• • • •
These Regulations are the
Migration Amendment Regulations 2001 (No. 5) .
These Regulations commence on 1 July 2001.
Schedule 1 amends the
Migration Regulations 1994 .
(1) The amendments made by items [1] to [15], [15A] to [19], [31] to [40], [43] to [58], [60] to [90], [92] to [128], [134] to [136] of Schedule 1 apply in relation to an application for a visa made on or after 1 July 2001.
(2) The amendments made by items [41], [42], [129] to [131] and [133] of Schedule 1 apply in relation to an application for a visa:
(a) made, but not finally determined (within the meaning of subsection 5 (9) of the
Migration Act 1958 ), before 1 July 2001; or(b) made on or after 1 July 2001.
(3) The amendments made by items [21] to [26], [29] and [30] of Schedule 1 apply to a nomination of a business activity made on or after 1 July 2001.
(4) To avoid doubt, despite item [97] of Schedule 1, Parts 560, 562 and 563 (as they read immediately before 1 July 2001) continue to apply in relation to an application for a visa made, but not finally determined (within the meaning of subsection 5 (9) of the
Migration Act 1958 ), before 1 July 2001.
(regulation 3)
[ 1 ] Regulation 1.03, after definition of Asia-Pacific forces member
insert
assessment level , in relation to a Subclass 570, 571, 572, 573, 574, 575 or 576 visa, means the level of assessment (being level 1, 2, 3, 4 or 5) specified under Division 1.8 for a passport issued by a foreign country and for an education sector.
[ 2 ] Regulation 1.03, after definition of category B student
insert
certificate of enrolment , means a paper copy, sent by an education provider to an applicant for a student visa, of an electronic confirmation of enrolment relating to the applicant.
insert
Defence means the Department of Defence.
Defence Minister means the Minister for Defence.
Defence student has the meaning given in regulation 1.04B.
[ 4 ] Regulation 1.03, after definition of education provider
insert
education sector , in relation to a student visa, means whichever of the following sectors of the Australian education system corresponds to a particular subclass of student visa:
(a) Independent ELICOS sector;
(b) Schools sector;
(c) Vocational Education and Training sector;
(d) Higher Education sector;
(e) Masters and Doctorate sector;
(f) Non-award Foundation/Other sector;
(g) AusAID or Defence sector.
electronic communication has the same meaning as in theElectronic Transactions Act 1999 .
electronic confirmation of enrolment , in relation to an applicant for a student visa, means confirmation that:
(a) states that the applicant is enrolled in a registered course; and
(b) is sent by an education provider, through a computer system under the control of the Education Minister, to:
(i) a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth outside Australia; or
(ii) an office of a visa application agency that is approved in writing by the Minister for the purpose of receiving applications for a student visa; or
(iii) any office of Immigration in Australia.
ELICOS means an English Language Intensive Course for Overseas Students that is a registered course.
[ 5 ] Regulation 1.03, definitions of foreign naval forces member and Foreign Minister
substitute
Foreign Minister means the Minister for Foreign Affairs and Trade.
foreign naval forces member means a person who forms part of the complement of a ship of the regular armed forces of a foreign government and is on board the ship.
[ 6 ] Regulation 1.03, after definition of international air carrier
insert
Internet application means an application for a visa made using a form approved under paragraph 1.18 (2) (b).
[ 7 ] Regulation 1.03, definition of school-age dependant
omit not turned 19.
insert
not turned 18.
substitute
Note 1 aged parent is defined in this regulation.
Note 2 foreign country is defined in paragraph 22 (1) (f) of theActs Interpretation Act 1901 .
[ 9 ] Subregulation 1.04A (1), definition of AusAID student visa , paragraph (a)
omit a Subclass 560 (Student) or Subclass 562 (Iranian Postgraduate Student) visa
insert
a Subclass 560 (Student), Subclass 562 (Iranian Postgraduate Student) or Subclass 576 (AusAID or Defence Sector) visa
[ 10 ] Subregulation 1.04A (1), definition of AusAID student visa , subparagraph (a) (ii)
omit course of study
insert full-time course of study
omit course of study
insert full-time course of study
[ 12 ] Subregulation 1.04A (1), definition of equivalent former visa or entry permit , paragraph (b)
omit course of study
insert full-time course of study
omit course of study
insert full-time course of study
omit course of study
insert full-time course of study
omit course of study
insert full-time course of study
substitute
(ii) an applicant for a student visa whose application shows an intention to undertake a full-time course of study or training; and
omit course of study
insert full-time course of study
insert
1.04B Defence student A person is a
Defence student if:
(a) the person has been approved by the Defence Minister to undertake a full-time course of study or training under a scholarship scheme or training program approved by the Defence Minister; and
(b) the person is:
(i) the holder of a Subclass 576 (AusAID or Defence Sector) visa granted in circumstances where the person intended to undertake the course of study or training; or
(ii) an applicant for a student visa whose application shows an intention to undertake the course of study or training; and
(c) in the case of a person mentioned in subparagraph (b) (i) — the person has not ceased, completed, withdrawn from, or been excluded from:
(i) the course of study or training to which the visa relates; or
(ii) another course approved by the Defence Minister in substitution for that course.
substitute
(b) a dependent child of the applicant, or of that spouse, who is unmarried and has not turned 18.
substitute
1.18 Approved forms
(1) The Minister may, in writing, approve forms for:
(a) use in making an application for a visa; or
(b) any other purpose authorised or required by these Regulations.
(2) Each of the following is an approved form for use in making an application for a visa:
(a) a paper form;
(b) a set of questions in an interactive computer program that is:
(i) approved by the Minister for use in making an application for the visa; and
(ii) made available at an Internet site operated under the authority of the Minister.
[ 20 ] Regulation 1.20B, definitions of key activity and labour market testing
substitute
minimum salary level means a level of salary worked out in the way specified in a Gazette Notice for the purposes of this definition.
substitute
Note In relation to the effect of approval as a pre-qualified business sponsor and a standard business sponsor, see subregulations 1.20D (5) and (6), and subclause 457.223 (4) of Schedule 2.
omit by instrument
omit each mention of or (5)
omit An instrument approving
insert An approval of
substitute
(a) a copy of the written approval or refusal of the application; and
omit or (5)
omit by instrument
substitute
(a) a copy of the written renewal of, or refusal to renew, the approval; and
substitute
(2) If the person is mentioned in paragraph (1) (b), (c) or (d), the tasks of the nominated activity must correspond to the tasks of an occupation specified in a Gazette Notice for the purposes of this subregulation.
(3) A nomination must be made in accordance with approved form 1068.
(4) If the person is mentioned in paragraph (1) (b), (c) or (d), the nomination must indicate that:
(a) the applicant will be paid at the level specified in the nomination; and
(b) that level will be at least the minimum salary level that applied at the time the nomination was made.
(5) If the person is mentioned in paragraph (1) (c) or (d), the nomination must also be accompanied by a fee of $225.
substitute
1.20H Approval of nominations of business activities
(1) The Minister must approve a nomination of an activity made under regulation 1.20G (a
nomination ) if the nomination is in accordance with:
(a) subregulations 1.20G (1) and (3); and
(b) if they are applicable — subregulations 1.20G (2), (4) and (5).
(2) The Minister must refuse to approve a nomination if it does not satisfy the requirements of subregulation (1).
(3) A decision to approve or refuse to approve a nomination must be made in writing.
(4) The Minister must, as soon as practicable, give a copy of the approval or refusal to the person who made the nomination.
(5) A refusal to approve a nomination must be accompanied by a written statement of the reasons for the refusal.
(6) An approval of a nomination ceases to have effect at the earliest of the following:
(a) at the end of 12 months after the day on which the nomination is approved;
(b) when a Subclass 457 visa is granted to the individual proposed to be employed in the activity to which the nomination relates;
(c) in the case of a business activity nominated by a person who is a party to a labour agreement — when that agreement ceases to have effect;
(d) in the case of a business activity nominated by a person who is approved as a pre-qualified business sponsor or standard business sponsor — when the approval ceases to have effect;
(e) in the case of a business activity nominated by a person to whom paragraph 1.20G (1) (d) refers — upon the Minister becoming satisfied that the person is not able to comply with undertakings given by the person in accordance with approved form 1067;
(f) in the case of a business activity nominated by a person to whom paragraph 1.20G (1) (d) refers — upon the Minister ceasing to be satisfied that the person (apart from not operating a business in Australia) would, on application, be likely to be approved as a standard business sponsor.
insert
1.40 Definitions
(1) In this Division, a passport is an
eligible passport if:
(a) it is a valid passport of a kind specified by Gazette Notice for the purposes of this subregulation; and
(b) the conditions (if any) specified by Gazette Notice for passports of that kind are satisfied.
(2) In this Division, if:
(a) an applicant for a student visa proposes to undertake a course of study or training that includes more than one discrete course; and
(b) either:
(i) one of the courses of study or training (
course A ) is a prerequisite to another of the courses (course B ); or(ii) one of the courses of study or training (
course B ) may be taken only after the completion of another of the courses (course A );course B is the
principal course of study or training .
1.40A Courses for education sectors to be specified by Minister The Minister must specify by Gazette Notice the types of courses for each subclass of student visa, except Subclass 576 (AusAID or Defence Sector).
1.41 Assessment levels to be specified by Minister
(1) The Minister must specify by Gazette Notice an assessment level for a passport issued by a foreign country, in relation to each subclass of student visa, to which an applicant for a student visa who seeks to satisfy the primary criteria will be subject.
(2) In specifying an assessment level, the Minister must consider the risk posed by applicants who hold passports issued by the foreign country in terms of:
(a) their being genuine students; and
(b) their engaging, while in Australia, in conduct (including omissions) not contemplated by the visa.
(3) In considering the risk, the Minister must have regard to:
(a) 1 or more of the following statistics prepared by the Secretary in relation to the foreign country:
(i) the number of former holders of student visas who have become unlawful non-citizens;
(ii) the number of student visas that have been cancelled;
(iii) the number of applications for student visas that have been refused;
(iv) the number of fraudulent documents detected by Immigration in relation to applications for student visas;
(v) the number of holders of student visas who have applied for protection visas or for permanent visas other than Business Skills (Residence) (Class BH), Skilled — Independent Overseas Student (Class DD) and Skilled — Australian-sponsored Overseas Student (Class DE) visas; and
(b) any other matters that the Minister considers relevant.
(4) The assessment level specified for a passport issued by a foreign country:
(a) must be a number from 1 to 5, with assessment level 1 specified for a passport, holders of which pose a very low risk and assessment level 5 specified for a passport, holders of which pose an extremely high risk; and
(b) is not required to be the same for each education sector.
1.42 Assessment level of applicant
(1) An applicant for a student visa who seeks to satisfy the primary criteria is subject to the assessment level of the eligible passport that the applicant holds at the time of decision and the education sector in which the applicant intends to undertake his or her principal course of study or training.
(2) Despite subregulation (1), an applicant is subject to assessment level 2 if:
(a) the application is made in Australia before 31 December 2006; and
(b) the application is made on form 157A; and
(c) the applicant:
(i) is the holder of a Subclass 560 visa as a person who satisfied the primary criteria in Subdivisions 560.21 and 560.22; or
(ii) is the holder of a Subclass 562 visa; or
(iii) both:
(A) is the holder of a Subclass 570, 571, 572, 573, 574, 575 or 576 visa (as a person who satisfied the primary criteria for the subclass) that is subject to condition 8105; and
(B) was, immediately before being granted the Subclass 570, 571, 572, 573, 574, 575 or 576 visa, the holder of a Subclass 560 or 562 visa that was subject to condition 8101; and
(d) apart from this subregulation, the applicant would be subject to assessment level 3, 4 or 5; and
(e) subregulation (3) or (4) applies to the applicant.
(3) This subregulation applies to an applicant who:
(a) was assessed in relation to an application for a student visa to undertake a package of courses of study; and
(b) was granted the student visa; and
(c) needs a further student visa to commence 1 or more courses in the package.
(4) This subregulation applies to an applicant who:
(a) has completed at least 50% of the principal course for which the student visa held was granted; and
(b) needs a further student visa to complete that course.
1.43 Notification of assessment level
(1) If, at the time of decision, the applicant holds 2 or more eligible passports issued by different foreign countries, the Minister must:
(a) select the passport that is to be taken as the applicant’s eligible passport for the purposes of the assessment level to which the applicant will be subject; and
(b) notify the applicant of the passport selected and the level of assessment of that passport.
(2) In selecting the passport, the Minister may have regard to the following:
(a) the foreign country of which the applicant is a citizen;
(b) the foreign country of which the applicant is usually a resident;
(c) any other relevant matter.
1.44 Evidence required
(1) An applicant for a student visa who seeks to satisfy the primary criteria must give evidence about the applicant’s English language proficiency and financial capacity, and about other matters, in accordance with the requirements set out in Schedule 5A for the assessment level to which the applicant is subject.
(2) For Part 574 of Schedule 2, the Minister may specify by Gazette Notice a course of study that is not conducted in English as a course in relation to which the applicant need not give evidence of his or her English language proficiency.
insert
2.07AF Certain applications for student visa
(1) Despite anything in regulation 2.07, an application for a student visa that, under paragraph 1222 (1) (a), may be made on form 157E may be made on behalf of an applicant.
(2) An application that is made on form 157E is taken to have been made outside Australia.
(3) An application made on form 157Aor 157E by a person who seeks to satisfy the primary criteria (the
primary applicant ) must include:
(a) the name, date of birth and citizenship of each person who is a member of the family unit of the applicant at the time of the application; and
(b) the relationship between the person and the applicant.
(4) If a person becomes a member of the family unit of the primary applicant after the time of application and before the time of decision, the primary applicant must inform the Minister, in writing, of:
(a) the name, date of birth and citizenship of the person and
(b) the relationship between the person and the primary applicant.
(5) Subregulations (3) and (4) apply:
(a) whether or not the member of the family unit is an applicant for a student visa; and
(b) if the member of the family unit is not an applicant for a student visa — whether or not the member of the family unit intends to become an applicant for a student visa.
Note member of the family unit of an applicant for a student visa is defined in subregulation 1.12 (2).
omit (except, subject to subclause (3), a Resolution of Status (Residence) (Class BL) visa)
insert
(2A) Subregulations (1) and (2) do not apply to an applicant for:
(a) subject to subregulation (3) — a Resolution of Status (Residence) (Class BL) visa; or
(b) a Skilled — Independent Overseas Student (Residence) (Class DD) visa; or
(c) a Skilled — Australian-sponsored Overseas Student (Residence) (Class DE) visa.
substitute
2.08CA Certain applicants for Skilled — New Zealand Citizen (Residence) (Class DB) visas taken to have applied also for Employer Nomination (Residence) (Class BW) visas
insert
2.08CB Certain applicants for Skilled — Independent Overseas Student (Residence) (Class DD) visas taken to have applied also for Employer Nomination (Residence) (Class BW) visas
(1) An applicant for a Skilled — Independent Overseas Student (Residence) (Class DD) visa, who has been nominated by an employer in respect of an appointment in the business of that employer, is taken also to have applied for an Employer Nomination (Residence) (Class BW) visa on the day when Immigration receives the employer nomination, if each of the following requirements is satisfied as at that date:
(a) the applicant was less than 45 years of age at the time of the application for the Class DD visa;
(b) a decision to grant, or refuse to grant, to the applicant a Subclass 880 (Skilled — Independent Overseas Student) visa has not been made;
(c) the applicant:
(i) has been assessed in relation to a Subclass 880 visa under Subdivision B of Division 3 of Part 2 of the Act; and
(ii) was given an assessed score that is more than or equal to the applicable pool mark at the time when the score was assessed;
(d) the appointment for which the applicant has been nominated is an approved appointment for regulation 5.19 on the basis that the nomination meets the requirements of subregulation (4) of that regulation;
(e) the applicant:
(i) has vocational English; and
(ii) has a diploma (within the meaning of subregulation 2.26A (6)) or a higher qualification.
(2) If subregulation (1) applies to an applicant for a Class DD visa, any other person included in the applicant’s application is taken also to be included in the applicant’s application for an Employer Nomination (Residence) (Class BW) visa.
after An application for a visa
insert (not being an Internet application)
substitute
(iii) if the application is for a student visa, and is made on form 157P:
(A) at any office of Immigration in Australia; or
(B) at the educational institution where the applicant is enrolled (if the institution is approved in writing by the Minister for the purpose of receiving applications of that kind); or
(C) if the applicant holds a Subclass 560, 563,570, 571, 572, 573, 574, 575 or 576 visa as a member of the family unit of a person who, having satisfied the primary criteria, holds a Subclass 560, 562, 570, 571, 572, 573, 574, 575 or 576 visa — at the educational institution where the person is enrolled (if the institution is approved in writing by the Minister for the purpose of receiving applications of that kind); or
(iv) if the application is for a student visa (other than an application made on form 157P) and the applicant holds a student visa, and seeks to satisfy the primary criteria:
(A) at any office of Immigration in Australia; or
(B) at the educational institution where the applicant is enrolled (if the institution is approved in writing by the Minister for the purpose of receiving applications of that kind); or
(v) if the application is for a student visa (other than an application made on form 157P) and the applicant holds a Subclass 560, 563,570, 571, 572, 573, 574, 575 or 576 visa as a member of the family unit of a person who, having satisfied the primary criteria, holds a Subclass 560, 562, 570, 571, 572, 573, 574, 575 or 576 visa:
(A) at any office of Immigration in Australia; or
(B) at the educational institution where the person is enrolled (if the institution is approved in writing by the Minister for the purpose of receiving applications of that kind); or
(vi) if the application is for a student visa and the applicant does not hold a student visa, and is subject to assessment level 1 or 2:
(A) at any office of Immigration in Australia; or
(B) at the educational institution where the applicant is enrolled (if the institution is approved in writing by the Minister for the purpose of receiving applications of that kind); or
(vii) if the application is for a student visa and the applicant does not hold a student visa, and the applicant seeks to satisfy the secondary criteria as a member of the family unit of a person who is subject to assessment level 1 or 2:
(A) at any office of Immigration in Australia; or
(B) at the educational institution where the person is enrolled (if the institution is approved in writing by the Minister for the purpose of receiving applications of that kind); or
(viii) in any other case — subject to regulation 2.09 and subregulation (3), at any office of Immigration in Australia.
insert
Note Requirements about where the applicant must be when making an Internet application are in Schedule 1.
insert
2.12JA Payment of visa application charge for Internet application The visa application charge in relation to an Internet application:
(a) must be paid by credit card, in accordance with the instructions given to the applicant as part of making the Internet application; and
(b) is taken not to have been paid until the payment has been confirmed by the issuer of the credit card.
omit A document accompanying
insert Subject to subregulation (6), a document accompanying
insert
(6) If an applicant or interested person is required or permitted to produce a document in connection with the visa application, the document and the written communication that accompanies it may be in the form of an electronic communication only if:
(a) the document is in a class of documents specified by Gazette Notice as documents that may be sent by electronic communication; or
(b) the Minister has permitted the applicant or interested person to send the document by electronic communication.
(7) For subregulation (6), if the Minister requires an applicant or interested person to give the Minister the original of a document that has already been given by electronic communication:
(a) the giving of the original, otherwise than by electronic communication, is a prescribed way of communication; and
(b) subregulation (5) applies to the original of the document.
omit the applicant — by telling the applicant orally that the visa has been granted; or
insert the applicant:
(A) by telling the applicant orally that the visa has been granted; or
(B) by notifying the applicant in writing by means of electronic communication to the last address given to the Minister for electronic communication that the visa has been granted; or
(C) by giving the applicant evidence of the visa.
insert
(ca) by notifying the applicant in writing, by means of electronic communication, to the last address given to the Minister for electronic communication; or
2.16A Time of receipt of electronic communication The time of receipt of an electronic communication mentioned in sub-subparagraph 2.16 (1) (a) (ii) (B) or paragraph 2.16 (1) (ca) is the end of the day on which the electronic communication is transmitted.
substitute
(2) If the application is an Internet application:
(a) the application must be in accordance with approved form 1085E; and
(b) the applicant must be in Australia at the time of making the application; and
(c) the fee payable on an application is $60.
(2A) If the application is not an Internet application, and the applicant is in Australia at the time of making the application:
(a) the application must:
(i) be in accordance with approved form 1085; or
(ii) be made orally, by attending an office of Immigration in Australia and presenting a valid passport; or
(iii) be made in writing:
(A) delivered to an office of Immigration in Australia; and
(B) accompanied by presentation of a valid passport; and
(b) the fee payable on an application is $60.
(3) If the application is not an Internet application, and the applicant is not in Australia at the time of making the application:
(a) the application must be in accordance with approved form 1085; and
(b) the fee payable on application is $70.
substitute
(a) a valid application for a visa on form 157P, form 601, form 601E or form 1182; or
substitute
(2) A reference in subregulation (1) to an application does not include the following:
(a) an oral application, or an oral communication that purports to be an oral application;
(b) an Internet application, or an electronic communication that purports to be an Internet application;
(c) an application for a Graduate — Skilled (Temporary) (Class UQ) visa;
(d) an application for a Skilled — Independent Overseas Student (Residence) (Class DD) visa;
(e) an application for a Skilled — Australian-sponsored Overseas Student (Class DE) visa.
omit that is a country
insert (whether Australia or a foreign country)
insert
Note foreign country is defined in paragraph 22 (1) (f) of theActs Interpretation Act 1901 .
substitute
2.26A Prescribed qualifications and number of points for skilled permanent visas
substitute
(1) This regulation applies to an applicant for any of the following visas:
(a) a Skilled — Australian-sponsored (Migrant) (Class BQ) visa;
(b) a Skilled — Independent (Migrant) (Class BN) visa;
(c) a Skilled — New Zealand Citizen (Residence) (Class DB) visa;
(d) a Skilled — Independent Overseas Student (Residence) (Class DD) visa;
(e) a Skilled — Australian-sponsored Overseas Student (Residence) (Class DE) visa.
(2) For subsection 93 (1) of the Act (which deals with determination of an applicant’s points score):
(a) each qualification specified in column 2 of an item in Part 1, 2, 3, 4, 5, 6, 7 or 8 of Schedule 6A is prescribed as a qualification in relation to the grant, to the applicant, of:
(i) a Subclass 136 (Skilled — Independent) visa; or
(ii) a Subclass 137 (Skilled — State/Territory-nominated Independent) visa; or
(iii) a Subclass 861 (Skilled — Onshore Independent New Zealand Citizen) visa; or
(iv) a Subclass 880 (Skilled — Independent Overseas Student) visa; and
(b) each qualification specified in column 2 of an item in Part 1, 2, 3, 4, 5, 6, 7, 8 or 9 of Schedule 6A is prescribed as a qualification in relation to the grant, to the applicant, of:
(i) a Subclass 138 (Skilled — Australian-sponsored) visa; or
(ii) a Subclass 862 (Skilled — Onshore Australian-sponsored New Zealand Citizen) visa; or
(iii) a Subclass 881 (Skilled — Australian-sponsored Overseas Student) visa.
substitute
omit (Class BQ) visa,
insert (Class BQ) or Skilled — Australian-sponsored Overseas Student (Residence) (Class DE) visa,
substitute
(c) the person is an applicant for:
(i) a Skilled — Australian-sponsored (Migrant) (Class BQ) visa; or
(ii) a Skilled — Independent (Migrant) (Class BN) visa; or
(iii) a Skilled — New Zealand Citizen (Residence) (Class DB) visa; or
(iv) a Skilled — Independent Overseas Student (Residence) (Class DD) visa; or
(v) a Skilled — Australian-sponsored Overseas Student (Residence) (Class DE) visa; and
substitute
(n) transit passengers who belong to a class of persons specified in a Gazette Notice for the purposes of this paragraph;
after (Class UD) visa
insert , or a Long Stay (Visitor) (Class TN) visa granted as a result of the applicant satisfying the criteria in clause 686.212
substitute
(f) in the case of:
(i) the holder of an Electronic Travel Authority (Class UD) visa who is under the age of 18 years and is not accompanied by his or her parent or guardian; or
(ii) the holder of a Long Stay (Visitor) (Class TN) visa granted as a result of the applicant satisfying the criteria in clause 686.212, who is under the age of 18 years and is not accompanied by his or her parent or guardian;
that the holder of that visa does not have adequate funds, or adequate arrangements have not been made, for the holder’s maintenance, support and general welfare during the holder’s proposed visit in Australia;
omit 1 July 2001
insert 1 July 2003
omit 2.08CA,
insert 2.08CA or 2.08CB,
substitute
(1) Form:
(a) If the application is an Internet application: 1085E
(b) In any other case: 1085 (unless the application is in accordance with subparagraph (3) (a) (iii), in which case no form is required).
substitute
(3) Other:
(a) For an application (not being an Internet application):
(i) the application may be made in or outside Australia, but not in immigration clearance; and
(ii) the applicant must be in Australia to make an application in Australia; and
(iii) an application made in Australia may be:
(A) an oral application; or
(B) an application in writing, otherwise than in accordance with form 1085;
if accompanied by presentation of a valid passport.
(b) For an Internet application the applicant must be in Australia, but not in immigration clearance.
(c) Application by a person who is included in the passport of another applicant for a Return (Residence) (Class BB) visa may be made at the same time and place as, and combined with, the application by that other applicant.
insert
1128BA. Skilled — Australian-sponsored Overseas Student (Residence) (Class DE)
(1) Form: 47SK.
(2) Visa application charge:
(a) First instalment (payable at the time application is made): $1,670
(b) Second instalment (payable before grant of visa): Nil.
(3) Other:
(a) Application must be made in Australia but not in immigration clearance.
(b) Applicant must be in Australia but not in immigration clearance.
(c) Application must be accompanied by satisfactory evidence that:
(i) during the 3 months immediately before the day on which the application is made, the applicant has undergone a medical examination, for the purpose of the application, carried out by any of the following:
(A) a Medical Officer of the Commonwealth;
(B) a medical practitioner approved by the Minister for the purposes of this sub-subparagraph;
(C) a medical practitioner employed by an organisation approved by the Minister for the purposes of this sub‑subparagraph; and
(ii) during the 12 months immediately before the day on which the application is made, the Australian Federal Police have completed a check of criminal records in relation to the applicant.
(d) Applicant must be:
(i) the holder of a Bridging A (Class WA) visa granted because the applicant met the requirements of subclause 010.211 (2) or (3) of Schedule 2 on the basis of a valid application for a Graduate — Skilled (Temporary) (Class UQ) visa; or
(ii) the holder of a Bridging B (Class WB) visa granted because the applicant met the requirements of subclause 020.212 (2) or (3) of Schedule 2 on the basis of a valid application for a Graduate — Skilled (Temporary) (Class UQ) visa; or
(iii) a person to whom paragraph (e) applies.
(e) This paragraph applies to an applicant who is the holder of a substantive visa other than:
(i) a Subclass 560 (Student) visa granted to:
(A) the applicant as a person who satisfied the primary criteria for that visa (the
primary person ) in relation to undertaking:
(I) a registered English language course or an ELICOS; or
(II) a course of study paid for wholly or in part by the Commonwealth, the government of a State or Territory,the government of a foreign country or a multilateral agency; or
(III) a full-time course of study or training under a scholarship scheme or training program approved by the AusAID Minister or the Defence Minister; or
(IV) a non-award course; or
(B) the applicant as a member of the family unit of the primary person; or
(ii) a Subclass 562 (Iranian Postgraduate Student), 563 (Iranian Postgraduate Student Dependant), 572 (Vocational Education and Training Sector), 573 (Higher Education Sector) or 574 (Masters and Doctorate Sector) visa granted to:
(A) the applicant as a person who satisfied the primary criteria for the visa (the
primary person ) in relation to undertaking a course mentioned in sub-sub-subparagraph (i) (A) (II) or (III); or(B) the applicant as a member of the family unit of the primary person; or
(iii) a Subclass 570 (Independent ELICOS Sector) visa; or
(iv) a Subclass 571 (Schools Sector) visa; or
(v) a Subclass 575 (Non-award Foundation/ Other Sector) visa; or
(vi) a Subclass 576 (AusAID or Defence Sector) visa.
(f) If the applicant is the holder of:
(i) a Bridging A (Class WA) visa or Bridging B (Class WB) visa; or
(ii) a substantive visa that is not a Subclass 560, 562, 563, 572, 573 or 574 visa of the kind required in paragraph (e) —
the applicant must have been, at some time in the 6 months immediately before making the application, the holder of a Subclass 560, 562, 563, 572, 573 or 574 visa of the kind required in paragraph (e).
(g) Applicant must not have been an unlawful non‑citizen at any time in the 6 months immediately before making the application.
(h) Application must be made by posting the application (with the correct pre-paid postage) to the post office box address approved in writing by the Minister.
(i) Applicant seeking to satisfy the primary criteria or the applicant’s spouse (if the spouse has made a combined application with the applicant) must be a person to whom paragraph (j) applies.
(j) This paragraph applies to a person (the
former overseas student ) who:
(i) is less than 45 years of age; and
(ii) if the former overseas student is seeking to meet the criteria for the grant of a Subclass 881 (Skilled — Australian-sponsored Overseas Student) visa — nominates in his or her application a skilled occupation for which at least 50 points are specified by Gazette Notice as available; and
(iii) if the former overseas student is seeking to meet the criteria for the grant of a Subclass 882 (Skilled — Designated Area-sponsored Overseas Student) visa — nominates a skilled occupation in his or her application; and
(iv) gives with the application satisfactory evidence that a relevant assessing authority has assessed the skills of the former overseas student as suitable for his or her nominated skilled occupation; and
(v) gives with the application satisfactory evidence that:
(A) the former overseas student has, in the 6 months immediately before the day on which the application is made, completed a degree, diploma or trade qualification for award by an Australian educational institution as a result of at least 1 year of full-time study at that institution while the applicant was present in Australia; and
(B) all instruction for that award was conducted in English.
(k) Application must be accompanied by a properly completed sponsorship form by a person who is the sponsor of the applicant.
(l) Application must be accompanied by satisfactory evidence that the sponsor:
(i) has turned 18; and
(ii) is an Australian citizen, Australian permanent resident or eligible New Zealand citizen; and
(iii) is a person in respect of whom the applicant seeking to meet the primary criteria has one of the following relationships:
(A) a parent;
(B) a child, or adoptive child, or step-child who is not a dependent child of the sponsor;
(C) a brother or sister, an adoptive brother or sister or a step-brother or step-sister;
(D) a nephew or niece, an adoptive nephew or niece or a step-nephew or step-niece;
(E) if the applicant is seeking to satisfy the primary criteria for the grant of a Subclass 882 (Skilled — Designated Area-sponsored Overseas Student) visa — a grandchild or first cousin.
(m) Application by applicant seeking to satisfy the criteria for the grant of a Subclass 882 (Skilled — Designated Area-sponsored Overseas Student) visa must be accompanied by satisfactory evidence that the applicant’s sponsor:
(i) is resident in an area specified by Gazette Notice as a designated area for item 6701 of Schedule 6; and
(ii) was resident in at least 1 designated area throughout the period of 12 months immediately before the day on which the application is made (except for short absences for the purposes of recreation or business).
(n) Application must be accompanied by a properly completed assurance of support in relation to the applicant.
(o) Application must be accompanied by:
(i) satisfactory evidence that the person who has given the assurance of support (the
supporting person ) is an Australian citizen, Australian permanent resident or eligible New Zealand citizen; and(ii) copies of the supporting person’s tax assessment notices for the 2 years occurring immediately before the application is made, certified as being true copies by a person mentioned in subparagraph 2.13 (5) (b) (i), (ii) or (iii); and
(iii) satisfactory evidence of the supporting person’s current employment.
(p) If the applicant is, or was at any time, the holder of an AusAID student visa within the meaning of regulation 1.04A or of a Subclass 560, 562, 563, 570, 571, 572, 573, 574 or 575 visa granted to the applicant in respect of a course of study or training for which the applicant is or was provided financial support by the Commonwealth, the government of a State or Territory, the government of a foreign country or a multilateral agency:
(i) the course of study or training (whether or not the applicant has ceased the course) is one designed to be undertaken over a period of less than 12 months; or
(ii) the applicant:
(A) has ceased, completed, withdrawn from, or been excluded from:
(I) the course of study or training to which the visa relates or related; or
(II) another course approved by the AusAID Minister, or the government or multilateral agency that provided financial support to the applicant, as the case requires, in substitution for that course; and
(B) has spent at least 2 years outside Australia since ceasing or completing, or withdrawing or being excluded from, the course.
(q) Application by a person claiming to be a member of the family unit of a person who is an applicant for a Skilled — Australian-sponsored Overseas Student (Residence) (Class DE) visa may be made at the same time and place as, and combined with, the application by that person.
(4) Subclasses:
881 (Skilled — Australian-sponsored Overseas Student)
882 (Skilled — Designated Area-sponsored Overseas Student)
(5) In this item:
completed , in relation to a degree, diploma or trade qualification,includes having met the requirements for its award.
degree anddiploma have the meanings given in subregulation 2.26A (6).
trade qualification has the meaning given in subregulation 2.26A (6).
Note Forrelevant assessing authority andskilled occupation , see regulation 1.03.
insert
1128CA. Skilled — Independent Overseas Student (Residence) (Class DD)
(1) Form: 47SK.
(2) Visa application charge:
(a) First instalment (payable at the time application is made): $1,670
(b) Second instalment (payable before grant of visa): Nil.
(3) Other:
(a) Application must be made in Australia but not in immigration clearance.
(b) Applicant must be in Australia but not in immigration clearance.
(c) Application must be made by posting the application (with the correct pre-paid postage) to the post office box address approved in writing by the Minister.
(d) Application must be accompanied by satisfactory evidence that:
(i) during the 3 months immediately before the day on which the application is made, the applicant has undergone a medical examination, for the purpose of the application, carried out by any of the following:
(A) a Medical Officer of the Commonwealth;
(B) a medical practitioner approved by the Minister for the purposes of this sub-subparagraph;
(C) a medical practitioner employed by an organisation approved by the Minister for the purposes of this sub‑subparagraph; and
(ii) during the 12 months immediately before the day on which the application is made, the Australian Federal Police have completed a check of criminal records in relation to the applicant.
(e) Applicant must be:
(i) the holder of a Bridging A (Class WA) visa granted because the applicant met the requirements of subclause 010.211 (2) or (3) of Schedule 2 on the basis of a valid application for a Graduate — Skilled (Temporary) (Class UQ) visa; or
(ii) the holder of a Bridging B (Class WB) visa granted because the applicant met the requirements of subclause 020.212 (2) or (3) of Schedule 2 on the basis of a valid application for a Graduate — Skilled (Temporary) (Class UQ) visa; or
(iii) a person to whom paragraph (f) applies.
(f) This paragraph applies to an applicant who is the holder of a substantive visa other than:
(i) a Subclass 560 (Student) visa granted to:
(A) the applicant as a person who satisfied the primary criteria for that visa (the
primary person ) in relation to undertaking:
(I) a registered English language course or an ELICOS; or
(II) a course of study paid for wholly or in part by the Commonwealth, the government of a State or Territory,the government of a foreign country or a multilateral agency; or
(III) a full-time course of study or training under a scholarship scheme or training program approved by the AusAID Minister or the Defence Minister; or
(IV) a non-award course; or
(B) the applicant as a member of the family unit of the primary person; or
(ii) a Subclass 562 (Iranian Postgraduate Student), 563 (Iranian Postgraduate Student Dependant), 572 (Vocational Education and Training Sector), 573 (Higher Education Sector) or 574 (Masters and Doctorate Sector) visa granted to:
(A) the applicant as a person who satisfied the primary criteria for the visa (the
primary person ) in relation to undertaking a course mentioned in sub-sub-subparagraph (i) (A) (II) or (III); or(B) the applicant as a member of the family unit of the primary person; or
(iii) a Subclass 570 (Independent ELICOS Sector) visa; or
(iv) a Subclass 571 (Schools Sector) visa; or
(v) a Subclass 575 (Non-award Foundation/Other Sector) visa; or
(vi) a Subclass 576 (AusAID or Defence Sector) visa.
(g) If the applicant is the holder of:
(i) a Bridging A (Class WA) visa or Bridging B (Class WB) visa; or
(ii) a substantive visa that is not a Subclass 560, 562, 563, 572, 573 or 574 visa of the kind required in paragraph (f) —
the applicant must have been, at some time in the 6 months immediately before making the application, the holder of a Subclass 560, 562, 563, 572, 573 or 574 visa of the kind required in paragraph (f).
(h) Applicant must not have been an unlawful non‑citizen at any time in the 6 months immediately before making the application.
(i) Applicant seeking to satisfy the primary criteria must be less than 45 years of age.
(j) Applicant seeking to satisfy the primary criteria must, in his or her application:
(i) if the applicant has, in the 6 months immediately before the day on which the application is made, completed a doctoral degree, in which all instruction was conducted in English, for award by an Australian educational institution as the result of at least 1 year of full-time study in Australia at that institution — nominate a skilled occupation for which at least 50 points are specified by Gazette Notice as available; or
(ii) in any other case — nominate a skilled occupation for which 60 points are specified by Gazette Notice as available.
(k) Application by an applicant seeking to satisfy the primary criteria must be accompanied by satisfactory evidence that a relevant assessing authority has assessed the skills of the applicant as suitable for his or her nominated skilled occupation.
(l) Application by an applicant seeking to satisfy the primary criteria must be accompanied by satisfactory evidence that:
(i) the applicant has, in the 6 months immediately before the day on which the application is made, completed a degree, diploma or trade qualification for award by an Australian educational institution as a result of at least 1 year of full-time study at that institution while the applicant was present in Australia; and
(ii) all instruction for that award was conducted in English.
(m) If the applicant is, or was at any time, the holder of an AusAID student visa within the meaning of regulation 1.04A or of a Subclass 560, 562, 563, 570, 571, 572, 573, 574 or 575 visa granted to the applicant in respect of a course of study or training for which the applicant is or was provided financial support by the Commonwealth, the government of a State or Territory, the government of a foreign country or a multilateral agency:
(i) the course of study or training (whether or not the applicant has ceased the course) is one designed to be undertaken over a period of less than 12 months; or
(ii) the applicant:
(A) has ceased, completed, withdrawn from, or been excluded from:
(I) the course of study or training to which the visa relates or related; or
(II) another course approved by the AusAID Minister, or the government or multilateral agency that provided financial support to the applicant, as the case requires, in substitution for that course; and
(B) has spent at least 2 years outside Australia since ceasing or completing, or withdrawing or being excluded from, the course.
(n) Application by a person claiming to be a member of the family unit of a person who is an applicant for a Skilled — Independent Overseas Student (Residence) (Class DD) visa may be made at the same time and place as, and combined with, the application by that person.
(4) Subclasses:
880 (Skilled — Independent Overseas Student)
(5) In this item:
completed , in relation to a degree, diploma or trade qualification,includes having met the requirements for its award.
degree anddiploma have the meanings given in subregulation 2.26A (6).
trade qualification has the meaning given in subregulation 2.26A (6).
Note Forrelevant assessing authority andskilled occupation , see regulation 1.03.
insert
1212A. Graduate — Skilled (Temporary) (Class UQ)
(1) Form: 1182.
(2) Visa application charge:
(a) First instalment (payable at the time application is made): $155
(b) Second instalment (payable before grant of visa): Nil.
(3) Other:
(a) Application must be made in Australia but not in immigration clearance.
(b) Applicant must be in Australia but not in immigration clearance.
(c) Applicant must state in the application an intention to make a valid application for a Skilled — Independent Overseas Student (Class DD) or Skilled — Australian-sponsored Overseas Student (Class DE) visa.
(d) Applicant must be the holder of a substantive visa other than:
(i) a Subclass 497 (Graduate — Skilled) visa; or
(ii) a Subclass 560 (Student) visa granted to:
(A) the applicant as a person who satisfied the primary criteria for that visa (the
primary person ) in relation to undertaking:
(I) a registered English language course or an ELICOS; or
(II) a course of study paid for wholly or in part by the Commonwealth, the government of a State or Territory,the government of a foreign country or a multilateral agency; or
(III) a full-time course of study or training under a scholarship scheme or training program approved by the AusAID Minister or the Defence Minister; or
(IV) a non-award course; or
(B) the applicant as a member of the family unit of the primary person; or
(iii) a Subclass 562 (Iranian Postgraduate Student), 563 (Iranian Postgraduate Student Dependant), 572 (Vocational Education and Training Sector), 573 (Higher Education Sector) or 574 (Masters and Doctorate Sector) visa granted to:
(A) the applicant as a person who satisfied the primary criteria for the visa (the
primary person ) in relation to undertaking a course mentioned in sub-sub-subparagraph (ii) (A) (II) or (III); or(B) the applicant as a member of the family unit of the primary person; or
(iv) a Subclass 570 (Independent ELICOS Sector) visa; or
(v) a Subclass 571 (Schools Sector) visa; or
(vi) a Subclass 575 (Non-award Foundation/ Other Sector) visa; or
(vii) a Subclass 576 (AusAID or Defence Sector) visa.
(e) If the substantive visa held by the applicant for paragraph (d) is not a Subclass 560, 562, 563, 572, 573 or 574 visa of the kind required in that paragraph, applicant must have been, at some time in the 6 months immediately before making the application, the holder of a visa of that kind.
(f) Applicant must not have been an unlawful non‑citizen at any time in the 6 months immediately before making the application.
(g) Applicant seeking to satisfy the primary criteria must nominate a skilled occupation in his or her application.
(h) Application by an applicant seeking to satisfy the primary criteria must be accompanied by satisfactory evidence that:
(i) the applicant has, in the 6 months immediately before the day on which the application is made, completed a degree, diploma or trade qualification that is for award by an Australian educational institution as a result of at least 1 year of full-time study at that institution while the applicant was present in Australia; and
(ii) all instruction for that award was conducted in English; and
(iii) the applicant holds, or has completed, a degree, diploma or trade qualification that is appropriate for the nominated skilled occupation; and
(iv) the applicant has applied to a relevant assessing authority for an assessment of the suitability of his or her skills for the nominated skilled occupation.
(i) Applicant seeking to satisfy the primary criteria must be less than 45 years of age.
(j) Application must be made by posting the application (with the correct pre-paid postage) to the post office box address approved in writing by the Minister.
(k) If the applicant is, or was at any time, the holder of an AusAID student visa within the meaning of regulation 1.04A, or of a Subclass 560, 562, 563, 570, 571, 572, 573, 574 or 575 visa granted to the applicant in respect of a course of study or training for which the applicant is or was provided financial support by the Commonwealth, the government of a State or Territory, the government of a foreign country or a multilateral agency:
(i) the course of study or training (whether or not the applicant has ceased the course) is one designed to be undertaken over a period of less than 12 months; or
(ii) the applicant:
(A) has ceased, completed, withdrawn from, or been excluded from:
(I) the course of study or training to which the visa relates or related; or
(II) another course approved by the AusAID Minister, or the government or multilateral agency that provided financial support to the applicant, as the case requires, in substitution for that course; and
(B) has spent at least 2 years outside Australia since ceasing or completing, or withdrawing or being excluded from, the course.
(l) Application by a person claiming to be a member of the family unit of a person who is an applicant for a Graduate — Skilled (Temporary) (Class UQ) visa may be made at the same time and place as, and combined with, the application by that person.
(4) Subclasses:
497 Graduate — Skilled
(5) In this item:
completed , in relation to a degree, diploma or trade qualification,includes having met the requirements for its award.
degree anddiploma have the meanings given in subregulation 2.26A (6).
trade qualification has the meaning given in subregulation 2.26A (6).
Note Forrelevant assessing authority andskilled occupation , see regulation 1.03.
substitute
(1) Form:
(a) If the application (not being an Internet application) is made outside Australia: 48 or 48R.
(b) If the application (not being an Internet application) is made in Australia: 601 (unless the application is an oral application in accordance with paragraph (3) (aa), in which case no form is required).
(c) If the application is an Internet application: 601E.
substitute
(3) Other:
(a) Internet application may be made if, and only if, the applicant:
(i) is in Australia (but not in immigration clearance); and
(ii) is the holder of:
(A) a Subclass 676 (Tourist (Short Stay)) visa; or
(B) a Subclass 976 (Electronic Travel Authority (Visitor)) visa.
(b) Oral application may be made if, and only if, the applicant:
(i) is in Australia (but not in immigration clearance); and
(ii) is the holder of:
(A) a Long Stay (Visitor) (Class TN) visa; or
(B) a Short Stay (Visitor) (Class TR) visa.
(c) Application (not being an Internet or oral application) may be made in or outside Australia, but not in immigration clearance.
(d) Application (not being an Internet or oral application) by a person included in the passport of another person may be made at the same time and place as, and combined with, the application by that person.
(e) Internet application by a person included in the passport of another person may be made at the same time as, and combined with, the application by that person.
omit 48 or 48R.
insert 48, 48N or 48R.
substitute
(a) In the case of an application by an applicant who:
(i) is outside Australia; and
(ii) seeks to satisfy the primary criteria; and
(iii) is included in a class of persons specified by Gazette Notice for the purposes of this subparagraph: 157A or 157E.
(b) In the case of an application made in Australia by an applicant who holds a student visa that is subject to condition 8101, and who seeks a student visa that is not subject to condition 8101: 157P.
(c) In the case of an application made in Australia, by:
(i) an applicant who holds a Subclass 560 or 562 visa that is subject to condition 8206 and who seeks a student visa that is not subject to condition 8206; or
(ii) an applicant who holds a Subclass 570, 571, 572, 573, 574, 575 or 576 visa that is subject to condition 8206 and who seeks a student visa that is for the same education sector and that is not subject to condition 8206;
157C.
(d) In any other case: 157A.
omit
substitute
(E) is a member of the family unit of an AusAID student who has not, since becoming an AusAID student, applied for a visa other than an AusAID student visa within the meaning of regulation 1.04A; or
(F) is a Defence student to whom subparagraph 1.04B (b) (ii) applies; or
(G) is a member of the family unit of a Defence student who has not, since becoming a Defence student, applied for a visa other than a student visa: Nil.
substitute
(c) If the application is made on form 157A, 157C or 157E and the applicant seeks to satisfy the primary criteria, the application is accompanied by satisfactory evidence that:
(i) the applicant is enrolled in a registered full‑time course of study or training:
(A) of a type that has been gazetted under regulation 1.40A; and
(B) the provider of which is not a suspended education provider; or
(ii) the applicant has been offered a place in a registered full-time course of study or training:
(A) of a type that has been gazetted under regulation 1.40A; and
(B) the provider of which is not a suspended education provider; or
(iii) if the applicant is an AusAID student who meets the requirement in subparagraph 1.04A (3) (b) (ii), a Defence student who meets the requirement in subparagraph 1.04B (b) (ii) or an exchange student — the applicant is enrolled, or intends to enrol, in a full-timecourse of study or training the provider of which is not a suspended education provider; or
(iv) if:
(A) the application was made in Australia; and
(B) at the time of application, the applicant was the holder of a Subclass 560, 562 or 574 visa; and
(C) the applicant is seeking to remain in Australia during the marking of his or her post-graduate thesis —
in connection with a full-time course of study or with a matter arising from the course, the relevant educational institution requires the applicant to remain in Australia during the marking of a post-graduate thesis. (d) Application by a person claiming to be a member of the family unit of a person who is an applicant for a student visa (the
primary applicant ) may be made at the same time and place as, and combined with, the application by the primary applicant or the application by any other member of the family unit of the primary applicant.(e) A person claiming to be a member of the family unit of the primary applicant must be included by the primary applicant in the application or the information under subregulation 2.07AF (3) or (4), except if the applicant became such a member of the family unit after the decision to grant the student visa to the primary applicant was made.
substitute
(4) Subclasses:
570 Independent ELICOS Sector
571 Schools Sector
572 Vocational Education and Training Sector
573 Higher Education Sector
574 Masters and Doctorate Sector
575 Non-award Foundation/Other Sector
576 AusAID or Defence Sector
omit 157C, 157S, 157Y,
insert
157A, 157C,
omit 157S, 157Y,
insert
157A,
omit 157S, 157Y,
insert
157A,
insert (3A) In the case of a visa granted to a non-citizen who meets the requirements of subclause 010.211 (2) or (3) on the basis of a valid application for a Graduate — Skilled (Temporary) (Class UQ), Skilled — Independent Overseas Student (Class DD) or Skilled — Australian-sponsored Overseas Student (Class DE) visa, 8501.
insert 020.222 If the applicant meets the requirements of subclause 020.212 (2) or (3) on the basis of a valid application for a Graduate — Skilled (Temporary) (Class UQ) visa, the applicant wishes to leave and re-enter Australia because:
(a) a close relative of the applicant is seriously ill, or has recently died, overseas; or
(b) the applicant’s Australian employer requires the applicant to travel overseas in the course of the applicant’s employment.
Note close relative is defined in regulation 1.03.
insert (3A) In the case of a visa granted to a person who meets the requirements of subclause 020.212 (2) or (3) on the basis of a valid application for a Graduate — Skilled (Temporary) (Class UQ), Skilled — Independent Overseas Student (Class DD) or Skilled — Australian-sponsored Overseas Student (Class DE) visa, 8501.
substitute
(b) if:
(i) the visa is granted pursuant to an Internet application; and
(ii) the applicant met the requirements of clause 155.211 and subclause 155.212 (2) at the time of application;
a period of 5 years from the date of grant; or
(c) in any other case:
(i) a period of 5 years from the date of the grant; or
(ii) a shorter period determined by the Minister.
substitute 155.711 No evidence need be given.
substitute 157.711 No evidence need be given.
substitute
(b) the applicant is a person who holds a valid passport of a kind specified in a Gazette Notice made under paragraph 417.215 (a) or (b).
substitute
417.215 The application is made:
(a) if the applicant is a person who holds a valid passport of a kind specified in a Gazette Notice for the purposes of this paragraph — in any foreign country; or
(b) if the applicant is a person who holds a valid passport of a kind specified in a Gazette Notice for the purposes of this paragraph — in the foreign country specified in the Notice for that kind of passport.
Note foreign country is defined in paragraph 22 (1) (f) of theActs Interpretation Act 1901 .
insert
(ca) the holder of a Subclass 497 (Graduate — Skilled) visa; or
omit paragraph (a) or (c); and
insert paragraph (a), (c) or (ca); and
omit subparagraph (i) or (ii); and
insert subparagraph (i) or (ii); or
insert
(iv) a Subclass 497 (Graduate — Skilled) visa; and
omit (6),
insert (5),
omit conditions 8102 and 8202.
insert
condition 8102.
[ 91 ] Subclause 457.111 (1), definition of key activity
omit
insert
(ca) the applicant is the holder of a Subclass 497 (Graduate — Skilled) visa; or
omit paragraph (a) or (c); and
insert paragraph (a), (c) or (ca); and
omit (6),
substitute
Sponsorship by Australian businesses (4) The applicant meets the requirements of this subclause if:
(a) the activity in which the applicant proposes to be employed in Australia by a person (the
employer ) is the subject of an approved business nomination by the employer; and(b) the employer is:
(i) a pre-qualified business sponsor; or
(ii) a standard business sponsor; and
(c) the applicant is nominated, in accordance with approved form 1068, in relation to the activity by the employer; and
(d) the applicant has personal attributes and an employment background that are relevant to, and consistent with, the nature of the activity to be performed; and
(e) the applicant demonstrates, if so required by the Minister, that he or she has the skills necessary to perform the activity; and
(f) the Minister is satisfied that:
(i) the applicant will be paid at the level specified in the nomination; and
(ii) that level will be at least the minimum salary level that applied at the time the nomination was made; and
(g) if the employer is a standard business sponsor, the Minister is satisfied that the position to be filled by the applicant has not been created only for the purposes of securing the entry of the applicant to Australia.
Sponsorship by overseas businesses (5) The applicant meets the requirements of this subclause if:
(a) the applicant proposes to be employed in Australia by a person (the
employer ) who does not operate a business activity in Australia; and(b) that activity is the subject of an approved business nomination by the employer; and
(c) the applicant is nominated, in accordance with approved form 1068, in relation to the activity by the employer; and
(d) the employer:
(i) has given undertakings in accordance with approved form 1067; and
(ii) is a person whom the Minister is satisfied (apart from not operating a business in Australia) would, on application, be likely to be approved as a standard business sponsor; and
(e) the applicant demonstrates, if so required by the Minister, that he or she has the skills necessary to perform the activity; and
(f) the applicant has personal attributes and an employment background that are relevant to, and consistent with, the nature of the activity to be performed; and
(g) the Minister is satisfied that the position to be filled by the applicant has not been created only for the purposes of securing the entry of the applicant to Australia; and
(h) the Minister is satisfied that:
(i) the applicant will be paid at the level specified in the nomination; and
(ii) that level will be at least the minimum salary level that applied at the time the nomination was made; and
(i) the Minister is satisfied that the applicant has a genuine and realistic commitment to:
(i) establish, or assist in establishing, on behalf of the employer, a business activity in Australia with overseas connections; or
(ii) fulfil, or assist in fulfilling, contractual obligations of the employer;
that will be of benefit to Australia.
insert
Subclass 497 Graduate — Skilled
497.1 Interpretation
Note There are no interpretation provisions specific to this Part.
497.2 Primary criteria
497.21 Criteria to be satisfied at time of application 497.211 The applicant has complied substantially with the conditions to which the visa held by the applicant is subject.
Note The requirements for making a valid application for a Graduate — Skilled (Temporary) (Class UQ) visa are set out in item 1212A of Schedule 1.
497.22 Criteria to be satisfied at time of decision 497.221 The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.
497.222 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004 and 4005.
497.223 The Minister is satisfied that the expressed intention of the applicant to make a valid application for a Skilled — Independent Overseas Student (Class DD) or Skilled — Australian-sponsored Overseas Student (Class DE) visa is genuine.
497.224 There is no evidence that the applicant will not be able to make a valid application for a Skilled — Independent Overseas Student (Class DD) or Skilled — Australian-sponsored Overseas Student (Class DE) visa.
497.3 Secondary criteria
497.31 Criteria to be satisfied at time of application 497.311 The applicant is a member of the family unit of a person who satisfies the primary criteria in Subdivision 497.21 (the
primary applicant ) and:
(a) the applicant has made a combined application with the primary applicant; and
(b) the Minister has not decided to grant or refuse to grant a Graduate — Skilled (Temporary) (Class UQ) visa to the primary applicant.
497.32 Criteria to be satisfied at time of decision 497.321 The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 497 visa.
497.322 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004 and 4005.
497.323 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
497.4 Circumstances applicable to grant 497.411 The applicant must be in Australia at the time of grant.
497.5 When visa is in effect 497.511 Temporary visa permitting the holder to travel to, enter and remain in Australia for a period (not longer than 6 months after the date of grant of the visa) specified by the Minister for the purpose.
497.6 Conditions 497.611 If the applicant satisfies the primary criteria, condition 8501.
497.612 If the applicant satisfies the secondary criteria, conditions 8501 and 8522.
497.7 Way of giving evidence 497.711 Visa label affixed to a valid passport.
substitute
570.1 Interpretation
Note foreign country is defined in paragraph 22 (1) (f) of theActs Interpretation Act 1901 as any country (whether or not an independent sovereign state) outside Australia and the external Territories. No interpretation provisions specific to this Part.
570.2 Primary criteria
Note The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.
570.21 Criteria to be satisfied at time of application 570.211 (1) If the application is made in Australia, the applicant meets the requirements of subclause (2), (3), (4), (5) or (6).
(2) An applicant meets the requirements of this subclause if the applicant is:
(a) the holder of a visa of one of the following classes:
(i) Border (Temporary) (Class TA);
(ii) Business (Temporary) (Class TB);
(iii) Cultural/Social (Temporary) (Class TE);
(iv) Educational (Temporary) (Class TH);
(v) Electronic Travel Authority (Class UD);
(vi) Expatriate (Temporary) (Class TJ);
(vii) Family Relationship (Temporary) (Class TL);
(viii) Interdependency (Temporary) (Class TM);
(ix) Long Stay (Visitor) (Class TN);
(x) Medical Practitioner (Temporary) (Class UE);
(xi) Retirement (Temporary) (Class TQ);
(xii) Short Stay (Visitor) (Class TR);
(xiii) Student (Temporary) (Class TU);
(xiv) Supported Dependant (Temporary) (Class TW);
(xv) Temporary Business Entry (Class UC);
(xvi) Working Holiday (Temporary) (Class TZ); or
(b) the holder, as the spouse or a dependent relative of a diplomatic or consular representative of a foreign country, of a Diplomatic (Temporary) (Class TF) visa; or
(c) the holder of a special purpose visa; or
(d) the holder of a visa of one of the following subclasses:
(i) Subclass 303 (Emergency (Temporary Visa Applicant));
(ii) Subclass 427 (Domestic Worker (Temporary) — Executive).
(3) An applicant meets the requirements of this subclause if:
(a) the applicant is not the holder of a substantive visa; and
(b) the last substantive visa held by the applicant was:
(i) a student visa; or
(ii) a special purpose visa; or
(iii) a Subclass 303 (Emergency (Temporary Visa Applicant)) visa; or
(iv) a Diplomatic (Temporary) (Class TF) visa granted to the holder as the spouse, or a dependent relative, of a diplomatic or consular representative of a foreign country; and
(c) the application is made within 28 days (or within such period specified by Gazette Notice) after that last substantive visa ceased to be in effect; and
(d) the applicant satisfies Schedule 3 criterion 3005.
(4) An applicant meets the requirements of this subclause if:
(a) the applicant is the holder of a Subclass 560, 562 or 570 visa that is subject to condition 8101; and
(b) the application was made on form 157P; and
(c) the applicant gives to the Minister evidence that the applicant has commenced an ELICOS.
(5) An applicant meets the requirements of this subclause if:
(a) the applicant is the holder of a Subclass 560, 562 or 570 visa that is subject to condition 8206; and
(b) the application was made on form 157C; and
(c) the applicant gives to the Minister evidence of an offer of a place with an education provider of an ELICOS other than the education provider of the ELICOS for which the visa held was granted; and
(d) the Minister is satisfied that there are exceptional circumstances justifying the change in enrolment.
(6) An applicant meets the requirements of this subclause if:
(a) the applicant is the holder of a Subclass 571, 572, 573, 574, 575 or 576 visa that is subject to condition 8206; and
(b) the application was made on form 157A; and
(c) the applicant gives to the Minister evidence of an offer of a place with an education provider of an ELICOS other than the education provider of the course, or courses, of study for which the visa held was granted; and
(d) the Minister is satisfied that there are exceptional circumstances justifying the change in enrolment.
570.212 If the application is made in Australia, the applicant has complied substantially with the conditions to which the visa (if any) held, or last held, by the applicant is, or was, subject.
570.22 Criteria to be satisfied at time of decision 570.221 (1) Unless, at the time of application, the applicant met the requirements of subclause 570.211 (4) or (5), the applicant satisfies the criteria in clauses 570.222 to 570.231.
(2) If, at the time of application, the applicant met the requirements of subclause 570.211 (4):
(a) the applicant continues to meet the requirements of paragraph 570.211 (4) (a); and
(b) either:
(i) the Minister has no reason to believe that the applicant is not a genuine student; or
(ii) the applicant satisfies the criteria in clauses 570.223 to 570.231.
(3) If, at the time of application, the applicant met the requirements of subclause 570.211 (5):
(a) the applicant continues to meet the requirements of paragraphs 570.211 (5) (a) and (d); and
(b) either:
(i) the Minister has no reason to believe that the applicant is not a genuine student; or
(ii) the applicant satisfies the criteria in clauses 570.222 to 570.231.
570.222 (1) Except if subclause (2) applies or if the application was made on form 157E, the applicant gives to the Minister a certificate of enrolment relating to the applicant undertaking a full-time ELICOS (
an acceptable ELICOS ):
(a) that has been gazetted under regulation 1.40A; and
(b) the provider of which is not a suspended education provider.
(2) If a failure of electronic transmission has prevented an education provider from sending a certificate of enrolment and the Minister is satisfied that the applicant needs to travel urgently, the applicant gives to the Minister satisfactory evidence that the applicant is enrolled in an acceptable ELICOS.
(3) If the application was made on form 157E, the applicant is enrolled in an acceptable ELICOS.
570.223 The Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student, having regard to:
(a) evidence given in accordance with Schedule 5A in relation to:
(i) the applicant’s English language proficiency for the purposes of the course; and
(ii) the financial capacity of the applicant to undertake the course without contravening any condition of the visa relating to work; and
(iii) other requirements under Schedule 5A; and
(b) the stated intention ofthe applicant to comply with any conditions subject to which the visa is granted; and
(c) any other relevant matter.
570.224 The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4012A, 4013 and 4014; and
(b) if the applicant seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010; and
(c) if the applicant is applying outside Australia and the applicant has previously been in Australia, satisfies special return criteria 5001, 5002 and 5010.
570.225 The applicant gives to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.
570.226 If the application was made in Australia, the applicant continues to satisfy the criterion in clause 570.212.
570.227 If:
(a) the application was made in Australia; and
(b) the applicant is subject to assessment level 3, 4 or 5; and
(c) at the time of application, the applicant met the requirements of clause 570.211:
(i) as the holder of a visa of one of the following classes:
(A) Border (Temporary) (Class TA);
(B) Business (Temporary) (Class TB);
(C) Cultural/Social (Temporary) (Class TE);
(D) Educational (Temporary) (Class TH);
(E) Electronic Travel Authority (Class UD);
(F) Expatriate (Temporary) (Class TJ);
(G) Family Relationship (Temporary) (Class TL);
(H) Interdependency (Temporary) (Class TM);
(I) Long Stay (Visitor) (Class TN);
(J) Medical Practitioner (Temporary) (Class UE);
(K) Retirement (Temporary) (Class TQ);
(L) Short Stay (Visitor) (Class TR);
(M) Supported Dependant (Temporary) (Class TW);
(N) Temporary Business Entry (Class UC);
(O) Working Holiday (Temporary) (Class TZ); or
(ii) as the holder of a special purpose visa; or
(iii) as the holder of a visa of one of the following subclasses:
(A) Subclass 303 (Emergency (Temporary Visa Applicant));
(B) Subclass 427 (Domestic Worker (Temporary) — Executive); or
(iv) as a person:
(A) who was not the holder of a substantive visa; and
(B) who, immediately before ceasing to hold a substantive visa, was the holder of a visa mentioned in subparagraph (i), (ii) or (iii);
the applicant establishes exceptional reasons for the grant of a Subclass 570 visa.
570.228 If the application was made in Australia and, at the time of application, the applicant was in Australia as the spouse or dependent relative of a diplomatic or consular representative of a country other than Australia:
(a) that representative has completed, or is about to complete, an official posting in Australia; and
(b) the Foreign Minister recommends the grant of the visa.
570.229 If:
(a) the application was made in Australia; and
(b) the applicant is subject to assessment level 3, 4 or 5;
the aggregate of the period, or periods, of ELICOS that the applicant is seeking to undertake, together with the period, or periods, of any previous ELICOS taken as the holder of aSubclass 570 visa, does not exceed the applicable maximum period specified in clause 5A203, 5A206 or 5A209 of Schedule 5A.
570.230 If:
(a) the application was made in Australia; and
(b) either:
(i) the applicant is the holder of a student visa that is subject to condition 8535; or
(ii) the last substantive visa held by the applicant was a student visa that was subject to condition 8535; and
(c) the applicant is, or was, provided financial support by the Commonwealth or the government of a foreign country in relation to the student visa;
the applicant gives to the Minister evidence, in writing, that the Commonwealth or the government of the foreign country, as the case requires, does not oppose the applicant undertaking an ELICOS. 570.231 The applicant holds a passport of a kind specified in a Gazette Notice made under regulation 1.40.
570.3 Secondary criteria
Note Requirements to be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.
570.31 Criteria to be satisfied at time of application 570.311 If the application is made outside Australia, the applicant is a member of the family unit of:
(a) a person who is the holder of a Subclass 560 or 562 visa; or
(b) a person who satisfies, or has satisfied, the primary criteria in Subdivision 570.21.
570.312 (1) If the application is made in Australia, the applicant meets the requirements of subclause (2), (3) or (4).
(2) An applicant meets the requirements of this subclause if the applicant is the holder of:
(a) a visa of one of the following classes:
(i) Border (Temporary) (Class TA);
(ii) Business (Temporary) (Class TB);
(iii) Cultural/Social (Temporary) (Class TE);
(iv) Educational (Temporary) (Class TH);
(v) Electronic Travel Authority (Class UD);
(vi) Expatriate (Temporary) (Class TJ);
(vii) Family Relationship (Temporary) (Class TL);
(viii) Interdependency (Temporary) (Class TM);
(ix) Long Stay (Visitor) (Class TN);
(x) Medical Practitioner (Temporary) (Class UE);
(xi) Retirement (Temporary) (Class TQ);
(xii) Short Stay (Visitor) (Class TR);
(xiii) Student (Temporary) (Class TU);
(xiv) Supported Dependant (Temporary) (Class TW);
(xv) Temporary Business Entry (Class UC);
(xvi) Working Holiday (Temporary) (Class TZ); or
(b) a Diplomatic (Temporary) (Class TF) visa granted to the holder as the spouse, or a dependent relative, of a diplomatic or consular representative of a foreign country; or
(c) a special purpose visa; or
(d) a visa of one of the following subclasses:
(a) the application was made outside Australia; and
(b) the applicant provides a certificate of enrolment in a course that has been gazetted for subregulation 1.44 (2) (the
gazetted course ); and(c) the applicant will not undertake any other course before commencing the gazetted course.
(2) If subclause (1) does not apply, the applicant must give evidence that one of the following applies:
(a) the applicant:
(i) will not undertake an ELICOS before commencing his or her principal course; and
(ii) achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 6.0;
(b) the applicant:
(i) will undertake an ELICOS of no more than 30 weeks duration before commencing his or her principal course; and
(ii) achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 5.0;
(c) the applicant:
(i) is fully funded; and
(ii) has a level of English language proficiency that satisfies his or her proposed education provider; and
(iii) if the applicant is to undertake an ELICOS before commencing his or her principal course — will undertake an ELICOS of no more than 30 weeks duration;
(d) the applicant:
(i) was in Australia at the time of making the application; and
(ii) had, less that 2 years before the date of the application:
(A) successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that was conducted in Australia and in the English language; or
(B) as the holder of a student visa — studied towards a qualification from the Australian Qualifications Framework at the Certificate IV level or higher in a course that was conducted in the English language;
(e) the applicant achieved, less than 2 years before the date of the application, the required score in a test that is specified in a Gazette Notice under clause 5A102.
5A608 Financial capacity
(1) The applicant must give:
(a) evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the initial period:
(i) course fees;
(ii) living costs;
(iii) school costs; and
(b) evidence that the applicant has funds from an acceptable source that are sufficient to meet travel costs; and
(c) a declaration by the applicant stating that he or she has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of his or her expected stay in Australia; and
(d) evidence that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.
(2) In this clause,
funds from an acceptable source means one or more of the following:
(a) a money deposit or the value of an item of property held by the applicant or by a person who is providing support to the applicant;
(b) a loan from a financial institution;
(c) a loan from the government of the applicant’s home country;
(d) financial support (such as a scholarship) from:
(i) the applicant’s proposed education provider; or
(ii) the Commonwealth Government, or the government of a State or Territory; or
(iii) the government of a foreign country; or
(iv) a corporation that:
(A) conducts commercial activities outside the country in which it is based; and
(B) employs the applicant in a role in relation to which the applicant’s principal course is of direct relevance; or
(v) a multilateral agency.
5A609 Other requirements The applicant must give evidence that he or she has completed an undergraduate degree or its equivalent.
Division 4 Requirements for assessment level 2
5A610 English language proficiency The applicant must give evidence that he or she has a level of English language proficiency that satisfies his or her proposed education provider.
5A611 Financial capacity
(1) The applicant must give:
(a) evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the first 12 months:
(i) course fees;
(ii) living costs;
(iii) school costs; and
(b) evidence that the applicant has funds from an acceptable source that are sufficient to meet travel costs; and
(c) a declaration by the applicant stating that he or she has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of his or her expected stay in Australia; and
(d) evidence that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.
(2) In this clause,
funds from an acceptable source means one or more of the following:
(a) a money deposit or the value of an item of property held by the applicant or by a person who is providing support to the applicant;
(b) a loan from a financial institution;
(c) a loan from the government of the applicant’s home country;
(d) financial support (such as a scholarship) from:
(i) the applicant’s proposed education provider; or
(ii) the Commonwealth Government, or the government of a State or Territory; or
(iii) the government of a foreign country; or
(iv) a business; or
(v) a multilateral agency.
5A612 Other requirements The applicant must give evidence that he or she has completed an undergraduate degree or its equivalent.
Division 5 Requirements for assessment level 1
5A613 English language proficiency The applicant must give evidence that he or she has a level of English language proficiency that satisfies his or her proposed education provider.
5A614 Financial capacity The applicant must give a declaration stating that the applicant has access to funds that are sufficient to meet:
(a) the following expenses for the full period:
(i) course fees;
(ii) living costs;
(iii) school costs; and
(b) travel costs.
5A615 Other requirements The applicant must give evidence that he or she has the educational qualifications required by the applicant’s proposed education provider.
Part 7 Subclass 575 (Non-award Foundation/Other Sector)
Division 1 Requirements for assessment level 5
5A701 English language proficiency The applicant must give evidence that the applicant achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 7.0.
5A702 Financial capacity The applicant must give evidence that:
(a) the applicant has funds that are sufficient to meet the following expenses for the full period:
(i) course fees;
(ii) living costs;
(iii) school costs; and
(b) the applicant has funds that are sufficient to meet travel costs; and
(c) the funds have been held by the applicant in money deposits for at least 5 consecutive years before the date of the application (the
accumulation day ); and(d) the applicant’s income before the accumulation day was sufficient to accumulate the funds.
5A703 Other requirements The applicant must give:
(a) evidence that he or she has successfully completed secondary schooling to the year 12 level (or its equivalent); and
(b) (despite paragraph 5A108 (a)) a certificate of enrolment in the principal course; and
(c) evidence that the applicant’s principal course will assist the applicant, in the applicant’s home country:
(i) to obtain employment; or
(ii) to improve his or her prospects of promotion or of obtaining other employment; or
(iii) to perform the functions of his or her current position.
Division 2 Requirements for assessment level 4
5A704 English language proficiency The applicant must give evidence that one of the following applies:
(a) the applicant:
(i) will not undertake an ELICOS before commencing his or her principal course; and
(ii) achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 5.5;
(b) the applicant:
(i) will undertake an ELICOS of no more than 20 weeks duration before commencing his or her principal course; and
(ii) achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 5.0;
(c) the applicant:
(i) is fully funded; and
(ii) has a level of English language proficiency that satisfies his or her proposed education provider; and
(iii) if the applicant is to undertake an ELICOS before commencing his or her principal course — will undertake an ELICOS of no more than 20 weeks duration;
(d) the applicant:
(i) was in Australia at the time of making the application; and
(ii) had, less that 2 years before the date of the application:
(A) successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that was conducted in Australia and in the English language; or
(B) as the holder of a student visa — studied towards a qualification from the Australian Qualifications Framework at the Certificate IV level or higher in a course that was conducted in the English language;
(e) the applicant achieved, less than 2 years before the date of the application, the required score in a test that is specified in a Gazette Notice under clause 5A102.
5A705 Financial capacity
(1) The applicant must give:
(a) evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the full period:
(i) course fees;
(ii) living costs;
(iii) school costs; and
(b) evidence that the applicant has funds from an acceptable source that are sufficient to meet travel costs; and
(c) evidence that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.
(2) In this clause:
acceptable individual means one or more of the following:
(a) the applicant;
(b) the applicant’s spouse;
(c) the applicant’s parents;
(d) the applicant’s grandparents.
funds from an acceptable source means one or more of the following:
(a) a money deposit that an acceptable individual has held for at least 6 consecutive months before the date of the application;
(b) financial support (such as a scholarship) from:
(i) the applicant’s proposed education provider; or
(ii) the Commonwealth Government, or the government of a State or Territory; or
(iii) the government of a foreign country; or
(iv) a multilateral agency.
5A706 Other requirements The applicant must give:
(a) evidence that he or she has successfully completed secondary schooling to the year 12 level (or its equivalent); and
(b) evidence that the applicant’s principal course will assist the applicant, in the applicant’s home country:
(i) to obtain employment; or
(ii) to improve his or her prospects of promotion or of obtaining other employment; or
(iii) to perform the functions of his or her current position.
Division 3 Requirements for assessment level 3
5A707 English language proficiency The applicant must give evidence that one of the following applies:
(a) the applicant:
(i) will not undertake an ELICOS before commencing his or her principal course; and
(ii) achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 5.5;
(b) the applicant:
(i) will undertake an ELICOS of no more than 30 weeks duration before commencing his or her principal course; and
(ii) achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 4.5;
(c) the applicant:
(i) is fully funded; and
(ii) has a level of English language proficiency that satisfies his or her proposed education provider; and
(iii) if the applicant is to undertake an ELICOS before commencing his or her principal course — will undertake an ELICOS of no more than 30 weeks duration;
(d) the applicant:
(i) was in Australia at the time of making the application; and
(ii) had, less that 2 years before the date of the application:
(A) successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that was conducted in Australia and in the English language; or
(B) as the holder of a student visa — studied towards a qualification from the Australian Qualifications Framework at the Certificate IV level or higher in a course that was conducted in the English language;
(e) the applicant achieved, less than 2 years before the date of the application, the required score in a test that is specified in a Gazette Notice under clause 5A102.
5A708 Financial capacity
(1) The applicant must give:
(a) evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the full period:
(i) course fees;
(ii) living costs;
(iii) school costs; and
(b) evidence that the applicant has funds from an acceptable source that are sufficient to meet travel costs; and
(c) evidence that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.
(2) In this clause:
acceptable individual means one or more of the following:
(a) the applicant;
(b) the applicant’s spouse;
(c) the applicant’s parents;
(d) the applicant’s grandparents.
funds from an acceptable source means one or more of the following:
(a) a money deposit that an acceptable individual has held for at least 6 consecutive months before the date of the application;
(b) financial support (such as a scholarship) from:
(i) the applicant’s proposed education provider; or
(ii) the Commonwealth Government, or the government of a State or Territory; or
(iii) the government of a foreign country; or
(iv) a multilateral agency.
5A709 Other requirements The applicant must give:
(a) evidence that he or she has successfully completed secondary schooling to the year 11 level (or its equivalent); and
(b) evidence that the applicant’s principal course will assist the applicant, in the applicant’s home country:
(i) to obtain employment; or
(ii) to improve his or her prospects of promotion or of obtaining other employment; or
(iii) to perform the functions of his or her current position.
Division 4 Requirements for assessment level 2
5A710 English language proficiency The applicant must give evidence that he or she has a level of English language proficiency that satisfies his or her proposed education provider.
5A711 Financial capacity
(1) The applicant must give:
(a) evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the first 12 months:
(i) course fees;
(ii) living costs;
(iii) school costs; and
(b) evidence that the applicant has funds from an acceptable source that are sufficient to meet travel costs; and
(c) a declaration by the applicant stating that he or she has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of his or her expected stay in Australia; and
(d) evidence that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.
(2) In this clause,
funds from an acceptable source means one or more of the following:
(a) a money deposit or the value of an item of property held by the applicant or by a person who is providing support to the applicant;
(b) a loan from a financial institution;
(c) a loan from the government of the applicant’s home country;
(d) financial support (such as a scholarship) from:
(i) the applicant’s proposed education provider; or
(ii) the Commonwealth Government, or the government of a State or Territory; or
(iii) the government of a foreign country; or
(iv) a corporation that:
(A) conducts commercial activities outside the country in which it is based; and
(B) employs the applicant in a role in relation to which the applicant’s principal course is of direct relevance; or
(v) a multilateral agency.
Division 5 Requirements for assessment level 1
5A712 English language proficiency The applicant must give evidence that he or she has a level of English language proficiency that satisfies his or her proposed education provider.
5A713 Financial capacity The applicant must give a declaration stating that the applicant has access to funds that are sufficient to meet:
(a) the following expenses for the full period:
(i) course fees;
(ii) living costs;
(iii) school costs; and
(b) travel costs.
Part 8 Subclass 576 (AusAID or Defence Sector)
Division 1 Requirements for assessment level 5
5A801 English language proficiency The applicant must give evidence that the applicant achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 7.0.
5A802 Financial capacity The applicant must give evidence that:
(a) the applicant has funds that are sufficient to meet the following expenses for the full period:
(i) course fees;
(ii) living costs;
(iii) school costs; and
(b) the applicant has funds that are sufficient to meet travel costs; and
(c) the funds have been held by the applicant in money deposits for at least 5 consecutive years before the date of the application (the
accumulation day ); and(d) the applicant’s income before the accumulation day was sufficient to accumulate the funds.
5A803 Other requirements The applicant must give evidence:
(a) that he or she is:
(i) a person who has the support of the AusAID Minister; or
(ii) a person who has the support of the Defence Minister; and
(b) of the expected duration of the applicant’s study or training in Australia.
Division 2 Requirements for assessment level 2
5A804 English language proficiency The applicant must give evidence that he or she has a level of English language proficiency that satisfies his or her proposed education provider or training organisation.
5A805 Financial capacity
(1) Subject to subclause (2), if the applicant has the support of the AusAID Minister or the Defence Minister, the applicant must give evidence of that fact.
(2) If required to do so in writing by the Minister, the applicant must also give:
(a) evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the first 12 months:
(i) course fees;
(ii) living costs;
(iii) school costs; and
(b) evidence that the applicant has funds from an acceptable source that are sufficient to meet travel costs; and
(c) a declaration by the applicant stating that he or she has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of his or her expected stay in Australia; and
(d) evidence that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.
(3) In this clause,
funds from an acceptable source means one or more of the following:
(a) a money deposit or the value of an item of property held by the applicant or by a person who is providing support to the applicant;
(b) a loan from a financial institution;
(c) a loan from the government of the applicant’s home country;
(d) financial support (such as a scholarship) from:
(i) the government of a foreign country; or
(ii) the Commonwealth Government, or the government of a State or Territory; or
(iii) a business; or
(iv) a multilateral agency;
(e) support from the AusAID Minister or the Defence Minister.
5A806 Other requirements The applicant must give evidence:
(a) that he or she is:
(i) a person who has the support of the AusAID Minister; or
(ii) a person who has the support of the Defence Minister; and
(b) of the expected duration of the applicant’s study or training in Australia.
omit an AusAID student)
insert an AusAID student or the holder of a Subclass 576 (AusAID or Defence Sector) visa)
omit Subclass 560 visa
insert Subclass 560 or 571 (Schools Sector) visa
omit an AusAID student
insert an AusAID student or the holder of a Subclass 576 (AusAID or Defence Sector) visa
insert
(3) If the course in which the holder is enrolled has been gazetted for subregulation 1.44 (2), the holder must not change his or her enrolment.
omit Subclass 560 visa
insert Subclass 560, 570, 571, 572, 573, 574, 575 or 576 visa
substitute 8523 Each person who:
(a) is a member of the family unit of the holder (being a spouse of the holder or an unmarried child of the holder who has not turned 18); and
(b) has satisfied the secondary criteria; and
(c) holds a student visa because of paragraphs (a) and (b);
must leave Australia not later than the time of departure of the holder.
insert 8534 The holder will not be entitled to be granted a substantive visa, other than:
(a) a protection visa; or
(b) a student visa the application for which must be made on form 157P; or
(c) a Subclass 497 (Graduate — Skilled) visa;
while the holder remains in Australia. 8535 The holder will not be entitled to be granted a substantive visa, other than:
(a) a protection visa; or
(b) a student visa the application for which must be made on form 157P; or
(c) a student visa that is granted to an applicant who satisfies the criterion in clause 570.230, 571.229, 572.229, 573.229, 574.229, 575.229 or 576.227 of Schedule 2;
while the holder remains in Australia.
substitute
(a) who belong to a class of persons specified in a Gazette Notice for the purposes of paragraph 2.40 (1) (n); and
1. These Regulations amend Statutory Rules 1994 No. 268, as amended by 1994 Nos. 280, 322, 376 and 452; 1995 Nos. 3, 38, 117, 134, 268, 302 and 411; 1996 Nos. 12, 75 (regulations 7 and 8 were disallowed by the Senate on 11 September 1996), 76, 108, 121, 135, 198, 211 (regulations 4, 10, 11, 13.3, 14-37, 47-49, 51, 53-55, 74, 77.16, 77.19, 78, 85, 119 and 114 were disallowed by the Senate on 7 November 1996) and 276; 1997 Nos. 17, 64, 91, 92, 109, 137, 184, 185, 216, 263, 279, 288, 301 and 354; 1998 Nos. 36, 37, 104 (regulation 15 was disallowed by the Senate on 2 July 1998), 139, 210, 214, 284, 285 (disallowed by the Senate on 31 March 1999), 304, 305, 306 and 322; 1999 Nos. 8, 58, 64, 68 (as amended by 1999 Nos. 81 and 132), 76 (as amended by 1999 Nos. 81 and 132), 81 (as amended by 1999 No. 132), 82, 132, 155, 198, 220 (as amended by 1999 Nos. 259 and 321), 243, 259 (as amended by 2000 No. 259), 260 (as amended by 1999 No. 321), 321 and 325; 2000 Nos. 52, 62, 108, 192, 259 (as amended by 2000 No. 284) (item [4108] of Schedule 4 was disallowed by the Senate on 1 November 2000), 284 and 335; 2001 Nos. 27, 47, 86 and 142.
2. Notified in the
Commonwealth of Australia Gazette on 29 June 2001.
0
0
0