Commonwealth of Australia
Migration Regulations 1994
CLASSES OF PERSONS
(SUBITEM 1222(1))
I, CHRIS EVANS, 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 08/054 signed on 28 July 2008 specifying classes of persons for the purposes of subparagraph 1222(1)(a)(ii) of the Regulations; AND
2. REVOKE Legislative Amending Instrument IMMI 08/072 signed on 19 August 2008; AND
3. REVOKE Legislative Instrument IMMI 08/092 signed on 15 October 2008 specifying classes of persons for the purposes of subparagraph 1222(1)(aa)(i) of the Regulations; AND
4. 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.
5. 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 10/008, commences on 27 March 2010.
Dated 16 March 2010
CHRIS EVANS
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
Austria
Bahrain
Belgium
Brunei
Canada
Chile
Cyprus
Czech Republic
Denmark
Estonia
Finland
France
Germany
Greece
Hong Kong Special Administrative Region of the People's Republic of China
Iceland
Ireland, Republic of
Italy
Japan
Kuwait
Latvia
Liechtenstein
Lithuania
Luxembourg
Macau Special Administrative Region of the People's Republic of China
Malaysia
Malta
Mauritius
Mexico
Monaco
Netherlands, Kingdom of the
New Caledonia
Norway
Oman
Poland
Portugal
Qatar
San Marino
Saudi Arabia
Singapore
Slovenia
Spain
Sweden
Switzerland
Taiwan
United Arab Emirates
United Kingdom [excluding British National (Overseas), British Dependent Territories Citizen, British Overseas Citizen, British Protected Person, British Subject]
United States of America
Vatican City State (Holy See)
Schedule 1 Continued
SUBCLASS 571 (SCHOOLS SECTOR)
Andorra
Argentina
Austria
Bahrain
Belgium
Brazil
Brunei
Canada
Chile
Czech Republic
Denmark
Estonia
Finland
France
Germany
Greece
Hong Kong Special Administrative Region of the People's Republic of China
Hungary
Iceland
Ireland, Republic of
Italy
Japan
Korea, Republic of
Kuwait
Latvia
Liechtenstein
Lithuania
Luxembourg
Macau Special Administrative Region of the People's Republic of China
Malaysia
Malta
Mexico
Monaco
Netherlands, Kingdom of the
New Caledonia
Norway
Oman
Peru
Poland
Portugal
Qatar
San Marino
Saudi Arabia
Singapore
Slovak Republic
Slovenia
South Africa
Spain
Sweden
Switzerland
Taiwan
Thailand
United Arab Emirates
United Kingdom [excluding British National (Overseas), British Dependant Territories Citizen, British Overseas Citizen, British Protected Person, British Subject]
United States of America
Vatican City State (Holy See)
Venezuela
Schedule 1 Continued
SUBCLASS 572 (VOCATIONAL EDUCATION AND TRAINING SECTOR)
Andorra
Austria
Bahrain
Belgium
British National (Overseas)
Brunei
Canada
Chile
Cyprus
Denmark
Estonia
Finland
France
Germany
Greece
Hong Kong Special Administrative Region of the People’s Republic of China
Iceland
Ireland, Republic of
Italy
Japan
Kuwait
Liechtenstein
Lithuania
Luxembourg
Macau Special Administrative Region of the People’s Republic of China
Malta
Malaysia
Monaco
Netherlands, Kingdom of the
New Caledonia
Norway
Oman
Poland
Portugal
Qatar
San Marino
Singapore
Slovenia
Spain
Sweden
Switzerland
United Arab Emirates
United Kingdom [excluding British National (Overseas), British Dependent Territories Citizen, British Overseas Citizen, British Protected Person, British Subject]
United States of America
Vatican City State (Holy See)
Schedule 1 Continued
SUBCLASS 573 (HIGHER EDUCATION SECTOR)
Andorra
Austria
Bahamas
Bahrain
Barbados
Belgium
Botswana
Brazil
British National (Overseas)
Brunei
Canada
Chile
Cyprus
Czech Republic
Denmark
Estonia
Finland
France
Germany
Greece
Hong Kong Special Administrative Region of the People’s Republic of China
Hungary
Iceland
Ireland, Republic of
Italy
Japan
Korea, Republic of
Kuwait
Latvia
Liechtenstein
Luxembourg
Macau Special Administrative Region of the People's Republic of China
Malaysia
Malta
Mauritius
Mexico
Monaco
Netherlands, Kingdom of the
New Caledonia
Norway
Oman
Peru
Poland
Portugal
Qatar
San Marino
Saudi Arabia
Seychelles
Singapore
Slovak Republic
Slovenia
South Africa
Spain
Sweden
Switzerland
Taiwan
Thailand
United Arab Emirates
United Kingdom [excluding British National (Overseas), British Dependent Territories Citizen, British Overseas Citizen, British Protected Person, British Subject]
United States of America
Vatican City State (Holy See)
Schedule 1 Continued
SUBCLASS 574 (POSTGRADUATE RESEARCH SECTOR)
Andorra
Argentina
Austria
Bahamas
Bahrain
Barbados
Belgium
Botswana
Brazil
British National (Overseas)
Brunei
Bulgaria
Canada
Chile
Costa Rica
Cyprus
Czech Republic
Denmark
East Timor (Timor Leste)
Estonia
Finland
France
Germany
Greece
Guam
Hong Kong Special Administrative Region of the People’s Republic of China
Hungary
Iceland
Ireland, Republic of
Israel
Italy
Japan
Jordan
Korea, Republic of
Kuwait
Lao People’s Democratic Republic
Latvia
Liechtenstein
Lithuania
Luxembourg
Macau Special Administrative Region of the People’s Republic of China
Malaysia
Maldives
Malta
Mauritius
Mexico
Monaco
Netherlands, Kingdom of the
New Caledonia
North Mariana Islands
Norway
Oman
Papua New Guinea
Peru
Philippines
Poland
Portugal
Qatar
Romania
Russian Federation
San Marino
Saudi Arabia
Seychelles
Singapore
Slovak Republic
Slovenia
Solomon Islands
South Africa
Spain
Sweden
Switzerland
Taiwan
Thailand
Tonga
Turkey
United Arab Emirates
United Kingdom [excluding British National (Overseas), British Dependent Territories Citizen, British Overseas Citizen, British Protected Person, British Subject]
United States of America
Uruguay
Vanuatu
Vatican City State (Holy See)
Venezuela
Vietnam
Schedule 1 Continued
SUBCLASS 575 (NON-AWARD SECTOR)
Andorra
Argentina
Austria
Bahrain
Belgium
Brazil
Brunei
Canada
Chile
Cyprus
Czech Republic
Denmark
Estonia
Finland
France
Germany
Greece
Hong Kong Special Administrative Region of the People’s Republic of China
Hungary
Iceland
Ireland, Republic of
Italy
Japan
Korea, Republic of
Kuwait
Latvia
Liechtenstein
Lithuania
Luxembourg
Macau Special Administrative Region of the People’s Republic of China
Malaysia
Malta
Mexico
Monaco
Netherlands, Kingdom of the
New Caledonia
Norway
Oman
Peru
Poland
Portugal
Qatar
San Marino
Saudi Arabia
Singapore
Slovak Republic
Slovenia
South Africa
Spain
Sweden
Switzerland
Taiwan
United Arab Emirates
United Kingdom [excluding British National (Overseas), British Dependent Territories Citizen, British Overseas Citizen, British Protected Person, British Subject]
United States of America
Vatican City State (Holy See)
Schedule 2
SUBCLASS 570 (INDEPENDENT ELICOS SECTOR)
India
Indonesia
People’s Republic of China [excluding the Special Administrative Regions of Hong Kong and Macau]
Thailand
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
Indonesia
People’s Republic of China [excluding the Special Administrative Regions of Hong Kong and Macau]
Thailand
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]
Thailand
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).
