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 10/008 signed on 16 March 2010 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;
(d) are six years of age or above;
(e) are the subject of an electronic confirmation of enrolment for at least the first course they propose to undertake; and
(f) 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 6 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, 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) 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 11/012, commences on 2 April 2011.
Dated 7 March 2011
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.]
Schedule 1
SUBCLASS 570 (INDEPENDENT ELICOS SECTOR)
Andorra
Ireland, Republic of
Oman
Austria
Italy
Poland
Bahrain
Japan
Portugal
Belgium
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
Norway
SUBCLASS 571 (SCHOOLS SECTOR)
Andorra
Italy
Qatar
Argentina
Japan
San Marino
Austria
Korea, Republic of
Saudi Arabia
Bahrain
Kuwait
Singapore
Belgium
Latvia
Slovak Republic
Brazil
Liechtenstein
Slovenia
Brunei
Lithuania
Solomon Islands
Canada
Luxembourg
South Africa
Chile
Macau Special Administrative Region of the People's Republic of China
Spain
Czech Republic
Malaysia
Sweden
Denmark
Malta
Switzerland
Estonia
Mexico
Taiwan
Finland
Monaco
Thailand
France
Netherlands, Kingdom of the
United Arab Emirates
Germany
New Caledonia
United Kingdom [excluding British National (Overseas), British Dependent Territories Citizen, British Overseas Citizen, British Protected Person, British Subject]
Greece
Norway
United States of America
Hong Kong Special Administrative Region of the People's Republic of China
Oman
Vanuatu
Hungary
Peru
Vatican City State (Holy See)
Iceland
Poland
Venezuela
Ireland, Republic of
Portugal
SUBCLASS 572 (VOCATIONAL EDUCATION AND TRAINING SECTOR)
Andorra
Iceland
Oman
Austria
Ireland, Republic of
Poland
Bahrain
Italy
Portugal
Belgium
Japan
Qatar
British National (Overseas)
Kuwait
San Marino
Brunei
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
Monaco
United Arab Emirates
France
Netherlands, Kingdom of the
United Kingdom [excluding British National (Overseas), British Dependent Territories Citizen, British Overseas Citizen, British Protected Person, British Subject]
Germany
New Caledonia
United States of America
Greece
Norway
Vatican City State (Holy See)
Hong Kong Special Administrative Region of the People’s Republic of China
SUBCLASS 573 (HIGHER EDUCATION SECTOR)
Andorra
Hungary
Poland
Argentina
Iceland
Portugal
Austria
Ireland, Republic of
Qatar
Bahamas
Italy
San Marino
Bahrain
Japan
Saudi Arabia
Barbados
Korea, Republic of
Seychelles
Belgium
Kuwait
Singapore
Botswana
Latvia
Slovak Republic
Brazil
Liechtenstein
Slovenia
British National (Overseas)
Lithuania
Solomon Islands
Brunei
Luxembourg
South Africa
Canada
Macau Special Administrative Region of the People's Republic of China
Spain
Chile
Malaysia
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
Portugal
Argentina
Israel
Qatar
Austria
Italy
Romania
Bahamas
Japan
Russian Federation
Bahrain
Jordan
San Marino
Barbados
Korea, Republic of
Saudi Arabia
Belgium
Kuwait
Seychelles
Botswana
Lao People’s Democratic Republic
Singapore
Brazil
Latvia
Slovak Republic
British National (Overseas)
Liechtenstein
Slovenia
Brunei
Lithuania
Solomon Islands
Bulgaria
Luxembourg
South Africa
Canada
Macau Special Administrative Region of the People’s Republic of China
Spain
Chile
Malaysia
Sweden
Costa Rica
Maldives
Switzerland
Cyprus
Malta
Taiwan
Czech Republic
Mauritius
Thailand
Denmark
Mexico
Tonga
East Timor (Timor Leste)
Monaco
Turkey
Estonia
Netherlands, Kingdom of the
United Arab Emirates
Finland
New Caledonia
United Kingdom [excluding British National (Overseas), British Dependent Territories Citizen, British Overseas Citizen, British Protected Person, British Subject]
France
North Mariana Islands
United States of America
Germany
Norway
Uruguay
Greece
Oman
Vanuatu
Guam
Papua New Guinea
Vatican City State (Holy See)
Hong Kong Special Administrative Region of the People’s Republic of China
Peru
Venezuela
Hungary
Philippines
Vietnam
Iceland
Poland
SUBCLASS 575 (NON-AWARD SECTOR)
Andorra
Israel
Portugal
Argentina
Italy
Qatar
Austria
Japan
San Marino
Bahrain
Korea, Republic of
Saudi Arabia
Belgium
Kuwait
Singapore
Brazil
Latvia
Slovak Republic
Brunei
Liechtenstein
Slovenia
Canada
Lithuania
Solomon Islands
Chile
Luxembourg
South Africa
Colombia
Macau Special Administrative Region of the People’s Republic of China
Spain
Cyprus
Malaysia
Sweden
Czech Republic
Malta
Switzerland
Denmark
Mexico
Taiwan
Estonia
Monaco
Thailand
Finland
Netherlands, Kingdom of the
Turkey
France
New Caledonia
United Arab Emirates
Germany
Norway
United Kingdom [excluding British National (Overseas), British Dependent Territories Citizen, British Overseas Citizen, British Protected Person, British Subject]
Greece
Oman
United States of America
Hong Kong Special Administrative Region of the People’s Republic of China
Peru
Vanuatu
Hungary
Philippines
Vatican City State (Holy See)
Iceland
Poland
Venezuela
Ireland, Republic of
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
Indonesia
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)
India
Indonesia
People’s Republic of China [excluding the Special Administrative Regions of Hong Kong and Macau]
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).
