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)
 
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);
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).