Commonwealth of Australia

Migration Regulations 1994

CLASSES OF PERSONS

(SUBITEM 1222(1))

I, CHRIS BOWEN, Minister for Immigration Citizenship, acting under subparagraph 1222(1)(a)(ii) and subparagraph 1222(1)(aa)(i) of the Migration Regulations 1994 (‘the Regulations’):

1. REVOKE Legislative Instrument IMMI 11/012 signed on 7 March 2011 specifying classes of persons for the purposes of subparagraph 1222(1)(a)(ii) of the Regulations; AND

2.                  SPECIFY the following classes of persons for the purposes of subparagraph 1222(1)(a)(ii):

Class 1

Persons who apply for a student visa and who:

(a)               are the holder of a passport issued by a foreign country set out in Schedule 1 to this Instrument;

(b)               seek to satisfy the primary criteria of the subclass of student visa corresponding to that passport set out in Schedule 1 to this Instrument;

(c)               are subject to a highest assessment level of 1; or meet the definition of ‘eligible higher degree student’ for the purposes of visa Subclasses 573 or 574, or meet the definition of ‘eligible university exchange student’ for the purposes of visa Subclass 575;

(d)               are six years of age or above;

(e)               are, in the case of applicants subject to the highest assessment level of 1, the subject of an electronic confirmation of enrolment for at least the first course they propose to undertake; or, in the case of applicants for a Subclass 573 visa or Subclass 574 visa, meet the definition of ‘eligible higher degree student’, have an electronic confirmation of enrolment in each course of study they propose to undertake; or, in the case of applicants for a Subclass 575 visa meet the definition of ‘eligible university exchange student’, have an electronic confirmation of enrolment in the course of study they propose to undertake;  and

(f)                in the case of Internet applications, apply for a student visa not more than 124 days prior to the date of               commencement of the first course specified on the electronic confirmation of enrolment(s).

Class 2

Persons who apply for a student visa and who:

(a)               are the holder of a passport issued by a foreign country;

(b)               seek to satisfy the secondary criteria of a subclass of student visa; and

(c)               claim to be a member of the family unit of, and make an application for a student visa at the same time and place as, and combined with, a person in Class 1 who is an applicant for a student visa and seeks to satisfy the primary criteria of the same subclass of visa.

Class 3

persons who apply for a student visa and who:

(a)               are the holder of a passport issued by a foreign country set out in Schedule 2 to this notice;

(b)               are in the foreign country that issued the passport;

(c)               seek to satisfy the primary criteria of the subclass of student visa corresponding to that passport set out in Schedule 2 to this notice;

(d)               make their application through the services of an agent who is party to an agreement with the Department to use an Internet facility for offshore student visa applications;

(e)               are six years of age or above;

(f)                are the subject of an electronic confirmation of enrolment for at least the first course they propose to undertake; and

(g)               apply for a student visa not more than 124 days prior to the date of commencement of the first course specified on the electronic confirmation of enrolment(s).

Class 4

persons who apply for a student visa and who:

(a)               are the holder of a passport issued by a foreign country;

(b)               seek to satisfy the secondary criteria of a subclass of student visa;

(c)               make their application through the services of an agent who is party to an agreement with the Department to use an Internet facility for offshore student visa applications; and

(d)               claim to be a member of the family unit of, and make an application for a student visa at the same time and place as, and combined with, a person in Class 3 who is an applicant for a student visa and seeks to satisfy the primary criteria of the same subclass of visa.

3.                  SPECIFY the following classes of persons for the purpose of subparagraph 1222(1)(aa)(i):

Class 5

Persons who seek a student visa and who:

(a)                are not in immigration clearance; and

(b)               are at least six years of age; and

(c)                either: 

(i)                 hold a subclass 570, 571, 572, 573, 574, 575 or 576 visa; or

(ii)              are the holder of a passport issued by a foreign country set out in Schedule 1 to this Instrument, and

(iii)            are subject to a highest assessment level of 1; or are applicants for a Subclass 573 or 574 visa who meet the definition of ‘eligible higher degree student’; or, who are applicants for a Subclass 575 visa who meet the definition of ‘eligible university exchange student’; and who:

(A)             seek to satisfy the primary criteria of the subclass of student visa that corresponds to that passport as set out in Schedule 1 of this Instrument; and

(B)             are the holder of a relevant visa identified in Schedule 3 of this Instrument; and

 (d)

(i)                 are enrolled in one or more registered courses:

(A)               of a kind that has been specified under regulation 1.40A; and

(B)               the provider of which is not a suspended education provider; and

(ii)              if under 18 years of age, provide evidence that the education provider for the course in which the applicant is enrolled has made appropriate arrangements for the applicant’s accommodation, support and general welfare for at least the minimum period of enrolment stated on the applicant’s electronic confirmation of enrolment plus 7 days after the end of that period; and

 (e) in the case of Internet applications, apply no more than 93 days before their first course                             commences.
 

     Class 6

Persons who:

(a)      are not in immigration clearance; and

(b)     are the holder of a passport issued by a foreign country; and

(c)      claim to be a member of the family unit of a person described in Class 5 (the primary person); and

(d)     seek to apply for a student visa at the same time and place as, and combined with, the primary person.

This Instrument, IMMI 12/006, commences on 24 March 2012, immediately after the commencement of Migration Legislation Amendment Regulation 2012 (No. 1)

Dated  21 March 2012

Chris Bowen

Minister for Immigration and Citizenship

[NOTE 1:  Paragraph 1222(1)(a) provides that an applicant who is outside Australia and who is included in a class of persons specified by Gazette Notice for the purposes of subparagraph 1222(1)(a)(ii), must apply for a student visa using Form 157A or 157E.

NOTE 2: Subparagraph 1222(1)(aa)(i) provides that an applicant who is in Australia and who is included in a class of persons specified by an instrument in writing for the purposes of subparagraph 1222(1)(aa)(i), must apply for a student visa using Form 157A or 157A (Internet).

NOTE 3: Highest assessment level, for an applicant for a student visa, means if the applicant proposes to undertake a course of study that is a registered course — the assessment level for that course of study; and if the applicant proposes to undertake 2 or more courses of study that are registered courses and that do not include an ELICOS — the assessment level for those courses which is the highest number from 1 to 5; and if the applicant proposes to undertake 2 or more courses of study that are registered courses and that include an ELICOS — the assessment level for those courses which is the highest number from 1 to 5, not including the ELICOS course.]

NOTE 4: Clause 573.111 defines an eligible higher degree student as an applicant for a Subclass 573 visa who is enrolled in a principal course of study for the award of a bachelor’s degree or a master’s degree by coursework, where the principal course of study is provided by an eligible education provider. If an eligible higher degree student applicant proposes to undertake another course of study before, and for the purposes of, the principal course of study the applicant must also be enrolled in that course and the course must be provided by the eligible education provider, or an education business partner of the eligible education provider.

NOTE 5: Clause 574.111 defines an eligible higher degree student as an applicant for a Subclass 574 visa who is enrolled in a principal course of study for the award of a master’s degree by research or a doctoral degree, where the principal course of study is provided by an eligible education provider. If an eligible higher degree student applicant proposes to undertake another course of study before, and for the purposes of, the principal course of study the applicant must also be enrolled in that course and the course must be provided by the eligible education provider, or an education business partner of the eligible education provider.

NOTE 6: Clause 575.111 defines an eligible university exchange student as an applicant for a Subclass 575 visa who is enrolled in a full-time course of study that is not leading to an award, where the course of study is not an ELICOS, where the course of study is provided by an eligible education provider and where the course of study is part of a formal exchange program or a study abroad program.

Schedule 1

SUBCLASS 570 (INDEPENDENT ELICOS SECTOR)

SUBCLASS 571 (SCHOOLS SECTOR)

SUBCLASS 572 (VOCATIONAL EDUCATION AND TRAINING SECTOR)

SUBCLASS 573 (HIGHER EDUCATION SECTOR)

SUBCLASS 574 (POSTGRADUATE RESEARCH SECTOR)

SUBCLASS 575 (NON-AWARD SECTOR)

  Schedule 2

SUBCLASS 570 (INDEPENDENT ELICOS SECTOR)

SUBCLASS 571 (SCHOOLS SECTOR)

SUBCLASS 572 (VOCATIONAL EDUCATION AND TRAINING SECTOR)

SUBCLASS 573 (HIGHER EDUCATION SECTOR)

SUBCLASS 574 (POSTGRADUATE RESEARCH SECTOR)

SUBCLASS 575 (NON-AWARD SECTOR)

Schedule 3

Relevant visa means a visa of one of the following classes or subclasses:

Border (Temporary) (Class TA);

Business (Temporary) (Class TB);

Cultural/Social (Temporary) (Class TE);

Educational (Temporary) (Class TH);

Electronic Travel Authority (Class UD);

Expatriate (Temporary) (Class TJ);

Family Relationship (Temporary) (Class TL);

Long Stay (Visitor) (Class TN));

Maritime Crew (Temporary) (Class ZM);

Medical Practitioner (Temporary) (Class UE);

Retirement (Temporary) (Class TQ);

Supported Dependant (Temporary) (Class TW);

Temporary Business Entry (Class UC);

Tourist (Class TR);

Working Holiday (Temporary) (Class TZ);

Subclass 303 (Emergency (Temporary Visa Applicant));

Subclass 427 (Domestic Worker (Temporary) — Executive);

Subclass 485 (Skilled — Graduate);

Subclass 497 (Graduate — Skilled);

Subclass 488 (Superyacht Crew Visa – Temporary) (Class UW);

Subclass 651 (eVisitor – Temporary) (Class TV).