Commonwealth of Australia
Migration Regulations 1994
CLASSES OF PERSONS APPLYING FOR A STUDENT VISA FROM OUTSIDE AUSTRALIA
(REGULATION 1222(1)(a)(ii))
I, JOHN COBB, Acting Minister for Immigration and Multicultural and Indigenous Affairs, acting under regulation 1.17 and subparagraph 1222(1)(a)(ii) of the Migration Regulations 1994 (‘the Regulations’):
1. REVOKE the Instrument signed on 10 August 2005 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 notice;
(b) seek to satisfy the primary criteria of the subclass of student visa corresponding to that passport set out in Schedule 1 to this notice;
(c) are six years of age or above;
(d) are the subject of an electronic confirmation of enrolment for at least the first course they propose to undertake; and
(e) apply for a student visa not more than one hundred and twenty four 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 Immigration 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 one hundred and twenty four 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 Immigration 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.
This Instrument takes effect on and from 1 November 2005.
Dated 25 October 2005
JOHN COBB
Acting Minister for Immigration and Multicultural and Indigenous Affairs
[NOTE 1: Regulation 1.17 of the Regulations provides that the Minister may, by notice published in the Gazette, specify matters required by individual provisions of the Regulations to be specified for the purposes of those provisions.
NOTE 2: 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.]
Schedule 1
SUBCLASS 570 (INDEPENDENT ELICOS SECTOR)
Andorra
Austria
Bahrain
Belgium
Brunei
Canada
Chile
Denmark
Estonia
Finland
France
Germany
Greece
Iceland
Republic of Ireland
Italy
Japan
Kuwait
Liechtenstein
Luxembourg
Malaysia
Malta
Monaco
Netherlands
Norway
Poland
Portugal
San Marino
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)
SUBCLASS 571 (SCHOOLS SECTOR)
Andorra
Austria
Bahrain
Belgium
Brunei
Canada
Chile
Denmark
Estonia
Finland
France
Germany
Greece
Hungary
Iceland
Republic of Ireland
Italy
Japan
Kuwait
Liechtenstein
Luxembourg
Malaysia
Malta
Monaco
Netherlands
Norway
Peru
Poland
Portugal
San Marino
Singapore
Slovenia
Spain
Sweden
Switzerland
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)
SUBCLASS 572 (VOCATIONAL EDUCATION AND TRAINING SECTOR)
Andorra
Austria
Bahrain
Belgium
British National (Overseas)
Brunei
Canada
Chile
Denmark
Estonia
Finland
France
Germany
Greece
Hong Kong Special Administrative Region of the People’s Republic of China
Iceland
Republic of Ireland
Italy
Japan
Kuwait
Liechtenstein
Luxembourg
Malta
Malaysia
Monaco
Netherlands
Norway
Poland
Portugal
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)
SUBCLASS 573 (HIGHER EDUCATION SECTOR)
Andorra
Austria
Bahamas
Bahrain
Barbados
Belgium
British National (Overseas)
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
Republic of Ireland
Italy
Japan
Kuwait
Liechtenstein
Luxembourg
Malaysia
Malta
Monaco
Netherlands
Norway
Peru
Poland
Portugal
San Marino
Singapore
Slovenia
Spain
Sweden
Switzerland
Taiwan
United Arab Emirates
United Kingsom [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)
SUBCLASS 574 (POSTGRADUATE RESEARCH SECTOR)
Andorra
Austria
Bahamas
Bahrain
Barbados
Belgium
British National (Overseas)
Brunei
Canada
Chile
Denmark
Estonia
Finland
France
Germany
Greece
Hong Kong Special Administrative Region of the People’s Republic of China
Iceland
Republic of Ireland
Italy
Japan
Republic of Korea
Kuwait
Liechtenstein
Luxembourg
Malaysia
Malta
Monaco
Netherlands
Norway
Peru
Poland
Portugal
San Marino
Singapore
Slovenia
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)
SUBCLASS 575 (NON-AWARD SECTOR)
Andorra
Austria
Bahrain
Belgium
Brunei
Canada
Chile
Denmark
Estonia
Finland
France
Germany
Greece
Hungary
Iceland
Republic of Ireland
Italy
Japan
Kuwait
Liechtenstein
Luxembourg
Malaysia
Malta
Monaco
Netherlands
Norway
Peru
Poland
Portugal
San Marino
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 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]
Thailand
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]
Thailand
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
