Commonwealth of Australia
Migration Regulations 1994
CLASSES OF PERSONS
(SUBITEM 1222(1))
I, TONY BURKE, Minister for Immigration, Multicultural Affairs and 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 12/006 signed on 21 March 2012 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 13/093, commences on 16 August 2013.
Dated 1 . 8 2013
TONY BURKE
Minister for Immigration, Multicultural Affairs and Citizenship
Minister for the Arts
Schedule 1
SUBCLASS 570 (INDEPENDENT ELICOS SECTOR)
Andorra
Ireland, Republic of
Norway
Austria
Italy
Oman
Bahrain
Japan
Poland
Belgium
Korea, Republic of
Portugal
Bulgaria
Kuwait
Qatar
Brunei
Latvia
San Marino
Canada
Liechtenstein
Saudi Arabia
Chile
Lithuania
Singapore
Cyprus
Luxembourg
Slovenia
Czech Republic
Macau Special Administrative Regions of the People’s Republic of China
Spain
Denmark
Malaysia
Sweden
Estonia
Malta
Switzerland
Finland
Mauritius
Taiwan
France
Mexico
United Arab Emirates
Germany
Monaco
United Kingdom [excluding British National (Overseas), British Dependent Territories Citizen, British Overseas Citizen, British Protected Person, British Subject]
Greece
Netherlands, Kingdom of the
United States of America
Hong Kong Special Administrative Regions of the People's Republic of China
New Caledonia
Vatican City State (Holy See)
Iceland
SUBCLASS 571 (SCHOOLS SECTOR)
Andorra
Italy
Portugal
Argentina
Japan
Qatar
Austria
Korea, Republic of
San Marino
Bahrain
Kuwait
Saudi Arabia
Belgium
Latvia
Seychelles
Botswana
Liechtenstein
Singapore
Brazil
Lithuania
Slovak Republic
Brunei
Luxembourg
Slovenia
Canada
Macau Special Administrative Region of the People's Republic of China
Solomon Islands
Chile
Malaysia
South Africa
Czech Republic
Maldives
Spain
Denmark
Malta
Sweden
Estonia
Mauritius
Switzerland
Finland
Mexico
Taiwan
France
Monaco
Thailand
Germany
Netherlands, Kingdom of the
United Arab Emirates
Greece
New Caledonia
United Kingdom [excluding British National (Overseas), British Dependent Territories Citizen, British Overseas Citizen, British Protected Person, British Subject]
Hong Kong Special Administrative Region of the People's Republic of China
Norway
United States of America
Hungary
Oman
Vanuatu
Iceland
Peru
Vatican City State (Holy See)
Indonesia
Philippines
Venezuela
Ireland, Republic of
Poland
SUBCLASS 572 (VOCATIONAL EDUCATION AND TRAINING SECTOR)
Andorra
Ireland, Republic of
Poland
Austria
Italy
Portugal
Bahrain
Japan
Qatar
Belgium
Korea, Republic of
Reunion
British National (Overseas)
Kuwait
San Marino
Brunei
Latvia
Seychelles
Bulgaria
Liechtenstein
Singapore
Canada
Lithuania
Slovenia
Chile
Luxembourg
Spain
Cyprus
Macau Special Administrative Region of the People’s Republic of China
Sweden
Denmark
Malaysia
Switzerland
Estonia
Malta
Taiwan
Finland
Mexico
United Arab Emirates
France
Monaco
United Kingdom [excluding British National (Overseas), British Dependent Territories Citizen, British Overseas Citizen, British Protected Person, British Subject]
Germany
Netherlands, Kingdom of the
United States of America
Greece
New Caledonia
Vatican City State (Holy See)
Hong Kong Special Administrative Region of the People’s Republic of China
Norway
Venezuela
Iceland
Oman
SUBCLASS 573 (HIGHER EDUCATION SECTOR)
Andorra
Hungary
Poland
Argentina
Iceland
Portugal
Austria
Ireland, Republic of
Qatar
Bahamas
Italy
Reunion
Bahrain
Japan
San Marino
Barbados
Korea, Republic of
Saudi Arabia
Belgium
Kuwait
Seychelles
Botswana
Latvia
Singapore
Brazil
Liechtenstein
Slovak Republic
British National (Overseas)
Lithuania
Slovenia
Brunei
Luxembourg
Solomon Islands
Bulgaria
Macau Special Administrative Region of the People's Republic of China
South Africa
Canada
Malaysia
Spain
Chile
Maldives
Sweden
Costa Rica
Malta
Switzerland
Cyprus
Mauritius
Taiwan
Czech Republic
Mexico
Thailand
Denmark
Monaco
United Arab Emirates
Estonia
Netherlands, Kingdom of the
United Kingdom [excluding British National (Overseas), British Dependent Territories Citizen, British Overseas Citizen, British Protected Person, British Subject]
Finland
New Caledonia
United States of America
France
Norway
Vanuatu
Germany
Oman
Vatican City State (Holy See)
Greece
Papua New Guinea
Venezuela
Hong Kong Special Administrative Region of the People’s Republic of China
Peru
SUBCLASS 574 (POSTGRADUATE RESEARCH SECTOR)
Andorra
Ireland, Republic of
Philippines
Argentina
Israel
Poland
Austria
Italy
Portugal
Bahamas
Japan
Qatar
Bahrain
Jordan
Romania
Barbados
Korea, Republic of
Russian Federation
Belgium
Indonesia
San Marino
Bhutan
Kazakhstan
Saudi Arabia
Botswana
Kuwait
Seychelles
Brazil
Lao People’s Democratic Republic
Singapore
British National (Overseas)
Latvia
Slovak Republic
Brunei
Lebanon
Slovenia
Bulgaria
Liechtenstein
Solomon Islands
Canada
Lithuania
South Africa
Chile
Luxembourg
Spain
Costa Rica
Macau Special Administrative Region of the People’s Republic of China
Sweden
Cyprus
Malaysia
Switzerland
Czech Republic
Maldives
Taiwan
Denmark
Malta
Tanzania
East Timor (Timor Leste)
Mauritius
Thailand
Ecuador
Mexico
Tonga
Egypt
Monaco
Turkey
Estonia
Nepal
Ukraine
Finland
Netherlands, Kingdom of the
United Arab Emirates
France
New Caledonia
United Kingdom [excluding British National (Overseas), British Dependent Territories Citizen, British Overseas Citizen, British Protected Person, British Subject]
Germany
North Mariana Islands
United States of America
Greece
Norway
Uruguay
Guam
Oman
Vanuatu
Hong Kong Special Administrative Region of the People’s Republic of China
Papua New Guinea
Vatican City (Holy See)
Hungary
Peoples Republic of China [excluding passports issued by the Special Administrative Regions of Hong Kong and Macau]
Venezuela
Iceland
Peru
Vietnam
India
SUBCLASS 575 (NON-AWARD SECTOR)
Andorra
Ireland, Republic of
Portugal
Argentina
Israel
Qatar
Austria
Italy
San Marino
Bahrain
Japan
Saudi Arabia
Belgium
Korea, Republic of
Seychelles
Botswana
Kuwait
Singapore
Brazil
Latvia
Slovak Republic
Brunei
Liechtenstein
Slovenia
Bulgaria
Lithuania
Solomon Islands
Canada
Luxembourg
South Africa
Chile
Macau Special Administrative Region of the People’s Republic of China
Spain
Colombia
Malaysia
Sweden
Cyprus
Malta
Switzerland
Czech Republic
Mexico
Taiwan
Denmark
Monaco
Thailand
Estonia
Netherlands, Kingdom of the
Turkey
Finland
New Caledonia
United Arab Emirates
France
Norway
United Kingdom [excluding British National (Overseas), British Dependent Territories Citizen, British Overseas Citizen, British Protected Person, British Subject]
Germany
Oman
United States of America
Greece
Peru
Vanuatu
Hong Kong Special Administrative Region of the People’s Republic of China
Philippines
Vatican City State (Holy See)
Hungary
Poland
Venezuela
Iceland
Schedule 2
SUBCLASS 570 (INDEPENDENT ELICOS SECTOR)
India
People’s Republic of China [excluding the Special Administrative Regions of Hong Kong and Macau]
Thailand
Indonesia
SUBCLASS 571 (SCHOOLS SECTOR)
India
People’s Republic of China [excluding the Special Administrative Regions of Hong Kong and Macau]
SUBCLASS 572 (VOCATIONAL EDUCATION AND TRAINING SECTOR)
India
People’s Republic of China [excluding the Special Administrative Regions of Hong Kong and Macau]
Thailand
Indonesia
SUBCLASS 573 (HIGHER EDUCATION SECTOR)
India
Indonesia
People’s Republic of China [excluding the Special Administrative Regions of Hong Kong and Macau]
SUBCLASS 574 (POSTGRADUATE RESEARCH SECTOR)
None specified
SUBCLASS 575 (NON-AWARD SECTOR)
India
Indonesia
People’s Republic of China [excluding the Special Administrative Regions of Hong Kong and Macau]
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);
Temporary Work (Entertainment)(Class GE);
Temporary Work (International Relations)(Class GD) other than a visa in the Domestic Worker (Diplomatic or Consular) Stream;
Temporary Work (Long Stay Activity)(Class GB);
Temporary Work (Short Stay Activity)(Class GA);
Tourist (Class TR);
Training and Research (Class GC);
Visitor (Class FA);
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).