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Migration Regulations 1994

Authoritative Version
  • - F2013C01002
  • In force - Superseded Version
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SR 1994 No. 268 Regulations as amended, taking into account amendments up to Migration Amendment (Unauthorised Maritime Arrival) Regulation 2013
Principal Regulations
Administered by: Immigration and Border Protection
Registered 17 Dec 2013
Start Date 14 Dec 2013
End Date 21 Mar 2014
Table of contents.

Commonwealth Coat of Arms

Migration Regulations 1994

Statutory Rules No. 268, 1994 as amended

made under the

Migration Act 1958

Compilation start date:                     14 December 2013

Includes amendments up to:             SLI No. 280, 2013

This compilation has been split into 7 volumes

Volume 1:       regulations 1.01–3.31

Volume 2:       regulations 4.01–5.45 and Schedule 1

Volume 3:       Schedule 2 (Subclasses 010–410)

Volume 4:       Schedule 2 (Subclasses 416–801)

Volume 5:       Schedule 2 (Subclasses 802–995)

Volume 6:       Schedules 3–13

Volume 7:       Endnotes

Each volume has its own contents

About this compilation

This compilation

This is a compilation of the Migration Regulations 1994 as in force on 14 December 2013. It includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 14 December 2013.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

Schedule 3—Additional criteria applicable to unlawful non‑citizens and certain bridging visa holders                                                                 1

Schedule 4—Public interest criteria and related provisions   5

Part 1—Public interest criteria                                                                                      5

Part 2—Conditions applicable to certain subclasses of visas for the purposes of subclause 4013(2)      19

Part 3—Requirements for public interest criterion 4019                            21

Part 4—Requirements for public interest criterion 4022                            22

Schedule 5—Special return criteria                                                           23

Schedule 5A—Evidentiary requirements for student visas 26

Part 1—Preliminary                                                                                                           26

5A101... Definitions........................................................................................ 26

5A102... Gazettal of alternatives to the IELTS test........................................... 28

5A103... Meaning of fully funded................................................................... 29

5A104... Meaning of living costs and school costs.......................................... 29

5A106... Satisfying a proposed education provider about English language proficiency        33

5A107... Secondary exchange student must give AASES............................... 33

5A108... Applicant must show enrolment or offer of place............................. 34

5A109... Requirement to give declaration........................................................ 34

Part 2—Subclass 570 (Independent ELICOS Sector)                                   35

Division 1—Requirements for assessment level 5                                       35

5A201... English language proficiency............................................................ 35

5A202... Financial capacity.............................................................................. 35

5A203... Other requirements............................................................................ 35

Division 2—Requirements for assessment level 4                                       36

5A204... English language proficiency............................................................ 36

5A205... Financial capacity.............................................................................. 36

5A206... Other requirements............................................................................ 39

Division 3—Requirements for assessment level 3                                       40

5A207... English language proficiency............................................................ 40

5A208... Financial capacity.............................................................................. 40

5A209... Other requirements............................................................................ 42

Division 4—Requirements for assessment level 2                                       43

5A210... English language proficiency............................................................ 43

5A211... Financial capacity.............................................................................. 43

5A212... Other requirements............................................................................ 44

Division 5—Requirements for assessment level 1                                       45

5A213... English language proficiency............................................................ 45

5A214... Financial capacity.............................................................................. 45

Part 3—Subclass 571 (Schools Sector)                                                                    46

Division 1—Requirements for assessment level 5                                       46

5A301... English language proficiency............................................................ 46

5A302... Financial capacity.............................................................................. 46

5A303... Other requirements............................................................................ 47

Division 2—Requirements for assessment level 4                                       48

5A304... English language proficiency............................................................ 48

5A305... Financial capacity.............................................................................. 48

5A306... Other requirements............................................................................ 50

Division 3—Requirements for assessment level 3                                       52

5A307... English language proficiency............................................................ 52

5A308... Financial capacity.............................................................................. 52

5A309... Other requirements............................................................................ 54

Division 4—Requirements for assessment level 2                                       56

5A310... English language proficiency............................................................ 56

5A311... Financial capacity.............................................................................. 56

5A312... Other requirements............................................................................ 57

Division 5—Requirements for assessment level 1                                       58

5A313... English language proficiency............................................................ 58

5A314... Financial capacity.............................................................................. 58

5A315... Other requirements............................................................................ 58

Part 4—Subclass 572 (Vocational Education and Training Sector)     59

Division 1—Requirements for assessment level 5                                       59

5A401... English language proficiency............................................................ 59

5A402... Financial capacity.............................................................................. 59

5A403... Other requirements............................................................................ 59

Division 2—Requirements for assessment level 4                                       61

5A404... English language proficiency............................................................ 61

5A405... Financial capacity.............................................................................. 63

5A406... Other requirements............................................................................ 66

Division 3—Requirements for assessment level 3                                       67

5A407... English language proficiency............................................................ 67

5A408... Financial capacity.............................................................................. 69

5A409... Other requirements............................................................................ 72

Division 4—Requirements for assessment level 2                                       73

5A410... English language proficiency............................................................ 73

5A411... Financial capacity.............................................................................. 73

Division 5—Requirements for assessment level 1                                       75

5A412... English language proficiency............................................................ 75

5A413... Financial capacity.............................................................................. 75

Part 5—Subclass 573 (Higher Education Sector)                                             76

Division 1—Requirements for assessment level 5                                       76

5A501... English language proficiency............................................................ 76

5A502... Financial capacity.............................................................................. 76

5A503... Other requirements............................................................................ 76

Division 2—Requirements for assessment level 4                                       77

5A504... English language proficiency............................................................ 77

5A505... Financial capacity.............................................................................. 79

5A506... Other requirements............................................................................ 82

Division 3—Requirements for assessment level 3                                       84

5A507... English language proficiency............................................................ 84

5A508... Financial capacity.............................................................................. 86

5A509... Other requirements............................................................................ 89

Division 4—Requirements for assessment level 2                                       91

5A510... English language proficiency............................................................ 91

5A511... Financial capacity.............................................................................. 91

5A512... Other requirements............................................................................ 92

Division 5—Requirements for assessment level 1                                       93

5A513... English language proficiency............................................................ 93

5A514... Financial capacity.............................................................................. 93

5A515... Other requirements............................................................................ 93

Part 6—Subclass 574 (Postgraduate Research Sector)                                 94

Division 1—Requirements for assessment level 5                                       94

5A601... English language proficiency............................................................ 94

5A602... Financial capacity.............................................................................. 94

5A603... Other requirements............................................................................ 94

Division 2—Requirements for assessment level 4                                       95

5A604... English language proficiency............................................................ 95

5A605... Financial capacity.............................................................................. 97

5A606... Other requirements.......................................................................... 100

Division 3—Requirements for assessment level 3                                     101

5A607... English language proficiency.......................................................... 101

5A608... Financial capacity............................................................................ 103

5A609... Other requirements.......................................................................... 106

Division 4—Requirements for assessment level 2                                     107

5A610... English language proficiency.......................................................... 107

5A611... Financial capacity............................................................................ 107

5A612... Other requirements.......................................................................... 108

Division 5—Requirements for assessment level 1                                     109

5A613... English language proficiency.......................................................... 109

5A614... Financial capacity............................................................................ 109

5A615... Other requirements.......................................................................... 109

Part 7—Subclass 575 (Non‑Award Sector)                                                        110

Division 1—Requirements for assessment level 5                                     110

5A701... English language proficiency.......................................................... 110

5A702... Financial capacity............................................................................ 110

5A703... Other requirements.......................................................................... 110

Division 2—Requirements for assessment level 4                                     111

5A704... English language proficiency.......................................................... 111

5A705... Financial capacity............................................................................ 113

5A706... Other requirements.......................................................................... 115

Division 3—Requirements for assessment level 3                                     116

5A707... English language proficiency.......................................................... 116

5A708... Financial capacity............................................................................ 118

5A709... Other requirements.......................................................................... 120

Division 4—Requirements for assessment level 2                                     121

5A710... English language proficiency.......................................................... 121

5A711... Financial capacity............................................................................ 121

Division 5—Requirements for assessment level 1                                     123

5A712... English language proficiency.......................................................... 123

5A713... Financial capacity............................................................................ 123

Part 8—Subclass 576 (AusAID or Defence Sector)                                      124

Division 1—Requirements for assessment level 5                                     124

5A801... English language proficiency.......................................................... 124

5A802... Financial capacity............................................................................ 124

5A803... Other requirements.......................................................................... 124

Division 2—Requirements for assessment level 2                                     125

5A804... English language proficiency.......................................................... 125

5A805... Financial capacity............................................................................ 125

5A806... Other requirements.......................................................................... 126

Schedule 5B—Evidentiary requirements for student visas—secondary applicants    127

Part 1—Preliminary                                                                                                         127

5B101... Definitions...................................................................................... 127

5B102... Meaning of living costs and school costs........................................ 130

5B103... Declarations.................................................................................... 131

Part 2—Evidentiary requirements for assessment level 4                         132

5B201... Requirements for assessment level 4 (Subclass 570, 571, 572, 573 or 575 visa)     132

5B202... Requirements for assessment level 4 (Subclass 574 visa)............... 133

Part 3—Evidentiary requirements for assessment level 3                         136

5B301... Requirements for assessment level 3 (Subclass 570, 571, 572, 573 or 575 visa)     136

5B302... Requirements for assessment level 3 (Subclass 574 visa)............... 137

Part 4—Evidentiary requirements for assessment level 2                         140

5B401... Requirements for assessment level 2............................................... 140

Schedule 6D—General points test for General Skilled Migration visas mentioned in subregulation 2.26AC(1)                                                   141

Part 6D.1—Age qualifications                                                                                    141

Part 6D.2—English language qualifications                                                      142

Part 6D.3—Overseas employment experience qualifications                  143

Part 6D.4—Australian employment experience qualifications              144

Part 6D.5—Aggregating points for employment experience qualifications           145

Part 6D.6—Australian professional year qualifications                             146

Part 6D.7—Educational qualifications                                                                 147

Part 6D.8—Australian study qualifications                                                       148

Part 6D.9—Credentialled community language qualifications              149

Part 6D.10—Study in regional Australia or a low‑population growth metropolitan area qualifications                                                                                                                                    150

Part 6D.11—Partner skill qualifications                                                              151

Part 6D.12—State or Territory nomination qualifications                       152

Part 6D.13—Designated area sponsorship qualifications                         153

Schedule 7A—Business innovation and investment points test—attributes and points (Business Skills (Provisional) (Class EB) visas)   154

Part 7A.1—Definitions                                                                                                    154

Part 7A.2—Age qualifications                                                                                    155

Part 7A.3—English language qualifications                                                      156

Part 7A.4—Educational qualifications                                                                 157

Part 7A.5—Business experience qualifications—Business Innovation stream only          158

Part 7A.6—Investor experience qualifications—Investor stream only 159

Part 7A.7—Financial asset qualifications                                                            160

Part 7A.8—Business turnover qualifications                                                    161

Part 7A.9—Business innovation qualifications                                                162

Part 7A.10—Special endorsement qualifications                                            164

Schedule 8—Visa conditions                                                                           165

Schedule 9Special entry and clearance arrangements  183

Part 1—Persons to whom special arrangements apply under section 166 of the Act      183

Part 2—Persons not required to comply with section 166 of the Act 188

Schedule 10—Prescribed forms                                                                   190

Form 1—Search Warrant—Valuables                                                                 190

Form 2—Search warrant                                                                                              191

Form 3—Document issued in accordance with Annex 9 of the ICAO Convention on International Civil Aviation                                                                                                                 193

Form 4—Identity card                                                                                                    195

Schedule 11—Memorandum of Understanding                       196

Schedule 12—Exchange of letters                                                             198

Part 1                                                                                                                                        198

Part 2                                                                                                                                        199

Schedule 13—Transitional arrangements                                        200

Part 1—Amendments made by Migration Amendment Regulation 2012 (No. 2)              200

101........ Operation of Schedule 1.................................................................. 200

102         Operation of Schedule 2.................................................................. 200

Part 2—Amendments made by Migration Legislation Amendment Regulation 2012 (No. 2)    201

201........ Operation of Schedule 1.................................................................. 201

Part 3—Amendments made by Migration Amendment Regulation 2012 (No. 3)              202

301........ Operation of Schedule 1.................................................................. 202

Part 4—Amendments made by Migration Legislation Amendment Regulation 2012 (No. 3)    203

401........ Operation of amendments............................................................... 203

Part 5—Amendments made by Migration Amendment Regulation 2012 (No. 5)              204

501........ Operation of Schedule 1.................................................................. 204

Part 6—Amendment made by Migration Legislation Amendment Regulation 2012 (No. 4)      205

601........ Operation of Schedule 1.................................................................. 205

602........ Operation of Schedule 2.................................................................. 205

603........ Operation of Schedule 3.................................................................. 205

Part 7—Amendments made by Migration Legislation Amendment Regulation 2012 (No. 5)    207

701........ Operation of amendments............................................................... 207

Part 8—Amendments made by Migration Amendment Regulation 2012 (No. 7)              209

801........ Operation of Schedule 1.................................................................. 209

Part 12—Amendments made by the Migration Amendment Regulation 2013 (No. 1)   210

1201...... Operation of Schedules 1 to 7......................................................... 210

Part 13—Amendments made by the Migration Legislation Amendment Regulation 2013 (No. 1)         211

1301...... Operation of Schedule 1.................................................................. 211

1302...... Operation of Schedule 2.................................................................. 211

1303...... Operation of Schedule 3.................................................................. 211

1304...... Operation of Schedule 4.................................................................. 212

Part 14—Amendments made by Migration Amendment Regulation 2013 (No. 2)           213

1401...... Operation of Schedule 1.................................................................. 213

Part 15—Amendments made by the Migration Legislation Amendment Regulation 2013 (No. 2)         214

1501...... Operation of Schedule 1.................................................................. 214

Part 16—Amendments made by the Migration Amendment (Permanent Protection Visas) Regulation 2013                                                                                               215

1601...... Operation of Schedule 1.................................................................. 215

Part 16A—Amendments made by the Migration Amendment (Subclass 050 and Subclass 051 Visas) Regulation 2013                                                                                               216

16A01... Operation of Schedule 1.................................................................. 216

Part 17—Amendments made by the Migration Amendment (Visa Application Charge and Related Matters) Regulation 2013                                                                           217

1701...... Operation of Schedule 1.................................................................. 217

Part 19Amendments made by the Migration Legislation Amendment Regulation 2013 (No. 3)         218

1901...... Operation of Schedule 1.................................................................. 218

1902...... Operation of Schedule 2.................................................................. 218

1903...... Operation of Schedule 3.................................................................. 219

1904...... Operation of Schedule 4.................................................................. 220

1905...... Operation of Schedule 5.................................................................. 220

1906...... Operation of Schedule 6.................................................................. 220

1907...... Operation of Schedule 7.................................................................. 221

1908...... Operation of Schedule 8.................................................................. 221

1909...... Operation of Schedule 9.................................................................. 221

Part 20Amendments made by the Migration Amendment Regulation 2013 (No. 5)   222

2001...... Operation of Schedule 1.................................................................. 222

Part 22—Amendments made by the Migration Amendment (Skills Assessment) Regulation 2013        224

2201...... Operation of Schedule 1.................................................................. 224

Part 23—Amendments made by the Migration Amendment (Visa Application Charge and Related Matters No. 2) Regulation 2013                                                             225

2301...... Operation of Schedule 1.................................................................. 225

Part 24—Amendments made by the Migration Amendment (Internet Applications and Related Matters) Regulation 2013                                                                                               226

2401...... Operation of Schedule 1.................................................................. 226

Part 25—Amendments made by the Migration Amendment (Bridging Visas—Code of Behaviour) Regulation 2013                                                                                               227

2501...... Operation of Schedule 1.................................................................. 227

Part 26—Amendments made by the Migration Amendment (Unauthorised Maritime Arrival) Regulation 2013                                                                                               228

2601...... Operation of Schedule 1.................................................................. 228

 


Schedule 3Additional criteria applicable to unlawful non‑citizens and certain bridging visa holders

(regulation 1.03)

  

3001     (1)  The application is validly made within 28 days after the relevant day (within the meaning of subclause (2)).

             (2)  For the purposes of subclause (1) and of clause 3002, the relevant day, in relation to an applicant, is:

                     (a)  if the applicant held an entry permit that was valid up to and including 31 August 1994 but has not subsequently been the holder of a substantive visa—1 September 1994; or

                     (b)  if the applicant became an illegal entrant before 1 September 1994 (whether or not clause 6002 in Schedule 6 of the Migration (1993) Regulations applied or section 195 of the Act applies) and has not, at any time on or after 1 September 1994, been the holder of a substantive visa—the day when the applicant last became an illegal entrant; or

                     (c)  if the applicant:

                              (i)  ceased to hold a substantive or criminal justice visa on or after 1 September 1994; or

                             (ii)  entered Australia unlawfully on or after 1 September 1994;

                            whichever is the later of:

                            (iii)  the last day when the applicant held a substantive or criminal justice visa; or

                            (iv)  the day when the applicant last entered Australia unlawfully; or

                     (d)  if the last substantive visa held by the applicant was cancelled, and the Migration Review Tribunal has made a decision to set aside and substitute the cancellation decision or the Minister’s decision not to revoke the cancellation—the later of:

                              (i)  the day when that last substantive visa ceased to be in effect; and

                             (ii)  the day when the applicant is taken, under sections 368C, 368D and 379C of the Act, to have been notified of the Tribunal’s decision.

3002           The application is validly made within 12 months after the relevant day (within the meaning of subclause 3001(2)).

3003           If:

                     (a)  the applicant has not, on or after 1 September 1994, been the holder of a substantive visa; and

                     (b)  on 31 August 1994, the applicant was either:

                              (i)  an illegal entrant; or

                             (ii)  the holder of an entry permit that was not valid beyond 31 August 1994;

the Minister is satisfied that:

                     (c)  the applicant last became an illegal entrant, or, in the case of a person referred to in subparagraph (b)(ii), last became a person in Australia without a substantive visa, because of factors beyond the applicant’s control; and

                     (d)  there are compelling reasons for granting the visa; and

                     (e)  the applicant has complied substantially with the conditions that apply or applied to:

                              (i)  the last of any entry permits held by the applicant (other than a condition of which the applicant was in breach solely because of the expiry of the entry permit); and

                             (ii)  any subsequent bridging visa; and

                      (f)  the applicant would have been entitled to be granted an entry permit equivalent to a visa of the class applied for if the applicant had applied for the entry permit immediately before last becoming an illegal entrant or, in the case of a person referred to in subparagraph (b)(ii), if the applicant had applied for the entry permit on 31 August 1994; and

                     (g)  the applicant intends to comply with any conditions subject to which the visa is granted; and

                     (h)  the last entry permit (if any) held by the applicant was not granted subject to a condition that the holder would not, after entering Australia, be entitled to be granted an entry permit, or a further entry permit, while the holder remained in Australia.

3004           If the applicant:

                     (a)  ceased to hold a substantive or criminal justice visa on or after 1 September 1994; or

                     (b)  entered Australia unlawfully on or after 1 September 1994 and has not subsequently been granted a substantive visa;

the Minister is satisfied that:

                     (c)  the applicant is not the holder of a substantive visa because of factors beyond the applicant’s control; and

                     (d)  there are compelling reasons for granting the visa; and

                     (e)  the applicant has complied substantially with:

                              (i)  the conditions that apply or applied to:

                                        (A)  the last of any entry permits held by the applicant (other than a condition of which the applicant was in breach solely because of the expiry of the entry permit); and

                                        (B)  any subsequent bridging visa; or

                             (ii)  the conditions that apply or applied to:

                                        (A)  the last of any substantive visas held by the applicant (other than a condition of which the applicant was in breach solely because the visa ceased to be in effect); and

                                        (B)  any subsequent bridging visa; and

                      (f)  either:

                              (i)  in the case of an applicant referred to in paragraph (a)—the applicant would have been entitled to be granted a visa of the class applied for if the applicant had applied for the visa on the day when the applicant last held a substantive or criminal justice visa; or

                             (ii)  in the case of an applicant referred to in paragraph (b)—the applicant would have satisfied the criteria (other than any Schedule 3 criteria) for the grant of a visa of the class applied for on the day when the applicant last entered Australia unlawfully; and

                     (g)  the applicant intends to comply with any conditions subject to which the visa is granted; and

                     (h)  if the last visa (if any) held by the applicant was a transitional (temporary) visa, that visa was not subject to a condition that the holder would not, after entering Australia, be entitled to be granted an entry permit, or a further entry permit, while the holder remained in Australia.

3005           A visa or entry permit has not previously been granted to the applicant on the basis of the satisfaction of any of the criteria set out in:

                     (a)  this Schedule; or

                     (b)  Schedule 6 of the Migration (1993) Regulations; or

                     (c)  regulation 35AA or subregulation 42(1A) or (1C) of the Migration (1989) Regulations.

Note:          Section 10 of the Act provides that a child who was born in the migration zone and was a non‑citizen when he or she was born shall be taken to have entered Australia when he or she was born.

Schedule 4Public interest criteria and related provisions

(regulation 1.03)

Part 1Public interest criteria

4001           Either:

                     (a)  the person satisfies the Minister that the person passes the character test; or

                     (b)  the Minister is satisfied, after appropriate inquiries, that there is nothing to indicate that the person would fail to satisfy the Minister that the person passes the character test; or

                     (c)  the Minister has decided not to refuse to grant a visa to the person despite reasonably suspecting that the person does not pass the character test; or

                     (d)  the Minister has decided not to refuse to grant a visa to the person despite not being satisfied that the person passes the character test.

4002           The applicant is not assessed by the Australian Security Intelligence Organisation to be directly or indirectly a risk to security, within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979.

4003           The applicant:

                     (a)  is not determined by the Foreign Minister, or a person authorised by the Foreign Minister, to be a person whose presence in Australia is, or would be, contrary to Australia’s foreign policy interests; and

                     (b)  is not determined by the Foreign Minister, or a person authorised by the Foreign Minister, to be a person whose presence in Australia may be directly or indirectly associated with the proliferation of weapons of mass destruction; and

                     (c)  either:

                              (i)  is not declared under paragraph 6(1)(b) or (2)(b) of the Autonomous Sanctions Regulations 2011 for the purpose of preventing the person from travelling to, entering or remaining in Australia; or

                             (ii)  if the applicant is declared—is a person for whom the Foreign Minister has waived the operation of the declaration in accordance with regulation 19 of the Autonomous Sanctions Regulations 2011.

4003A        The applicant is not determined by the Foreign Minister, or a person authorised by the Foreign Minister, to be a person whose presence in Australia may be directly or indirectly associated with the proliferation of weapons of mass destruction.

4004           The applicant does not have outstanding debts to the Commonwealth unless the Minister is satisfied that appropriate arrangements have been made for payment.

4005     (1)  The applicant:

                    (aa)  if the applicant is in a class of persons specified by the Minister in an instrument in writing for this paragraph:

                              (i)  must undertake any medical assessment specified in the instrument; and

                             (ii)  must be assessed by the person specified in the instrument;

                            unless a Medical Officer of the Commonwealth decides otherwise; and

                   (ab)  must comply with any request by a Medical Officer of the Commonwealth to undertake a medical assessment; and

                     (a)  is free from tuberculosis; and

                     (b)  is free from a disease or condition that is, or may result in the applicant being, a threat to public health in Australia or a danger to the Australian community; and

                     (c)  is free from a disease or condition in relation to which:

                              (i)  a person who has it would be likely to:

                                        (A)  require health care or community services; or

                                        (B)  meet the medical criteria for the provision of a community service;

                                   during the period described in subclause (2); and

                             (ii)  the provision of the health care or community services would be likely to:

                                        (A)  result in a significant cost to the Australian community in the areas of health care and community services; or

                                        (B)  prejudice the access of an Australian citizen or permanent resident to health care or community services;

                                   regardless of whether the health care or community services will actually be used in connection with the applicant; and

                     (d)  if the applicant is a person from whom a Medical Officer of the Commonwealth has requested a signed undertaking to present himself or herself to a health authority in the State or Territory of intended residence in Australia for a follow‑up medical assessment—has provided the undertaking.

             (2)  For subparagraph (1)(c)(i), the period is:

                     (a)  for an application for a permanent visa—the period commencing when the application is made; or

                     (b)  for an application for a temporary visa:

                              (i)  the period for which the Minister intends to grant the visa; or

                             (ii)  if the visa is of a subclass specified by the Minister in an instrument in writing for this subparagraph—the period commencing when the application is made.

             (3)  If:

                     (a)  the applicant applies for a temporary visa; and

                     (b)  the subclass being applied for is not specified by the Minister in an instrument in writing made for subparagraph (2)(b)(ii);

the reference in sub‑subparagraph (1)(c)(ii)(A) to health care and community services does not include the health care and community services specified by the Minister in an instrument in writing made for this subclause.

4006A  (1)  The applicant:

                    (aa)  if the applicant is in a class of persons specified by the Minister in an instrument in writing for this paragraph:

                              (i)  must undertake any medical assessment specified in the instrument; and

                             (ii)  must be assessed by the person specified in the instrument;

                            unless a Medical Officer of the Commonwealth decides otherwise; and

                   (ab)  must comply with any request by a Medical Officer of the Commonwealth to undertake a medical assessment; and

                     (a)  is free from tuberculosis; and

                     (b)  is free from a disease or condition that is, or may result in the applicant being, a threat to public health in Australia or a danger to the Australian community; and

                     (c)  subject to subclause (2)—is free from a disease or condition in relation to which:

                              (i)  a person who has it would be likely to:

                                        (A)  require health care or community services; or

                                        (B)  meet the medical criteria for the provision of a community service;

                                   during the period described in subclause (1A); and

                             (ii)  the provision of the health care or community services would be likely to:

                                        (A)  result in a significant cost to the Australian community in the areas of health care and community services; or

                                        (B)  prejudice the access of an Australian citizen or permanent resident to health care or community services;

                                   regardless of whether the health care or community services will actually be used in connection with the applicant; and

                     (d)  if the applicant is a person from whom a Medical Officer of the Commonwealth has requested a signed undertaking to present himself or herself to a health authority in the State or Territory of intended residence in Australia for a follow‑up medical assessment—has provided the undertaking.

          (1A)  For subparagraph (1)(c)(i), the period is:

                     (a)  for an application for a permanent visa—the period commencing when the application is made; or

                     (b)  for an application for a temporary visa:

                              (i)  the period for which the Minister intends to grant the visa; or

                             (ii)  if the visa is of a subclass specified by the Minister in an instrument in writing for this subparagraph—the period commencing when the application is made.

          (1B)  If:

                     (a)  the applicant applies for a temporary visa; and

                     (b)  the subclass being applied for is not specified by the Minister in an instrument in writing made for subparagraph (1A)(b)(ii);

the reference in sub‑subparagraph (1)(c)(ii)(A) to health care and community services does not include the health care and community services specified by the Minister in an instrument in writing made for this subclause.

             (2)  The Minister may waive the requirements of paragraph (1)(c) if the relevant nominator has given the Minister a written undertaking that the relevant nominator will meet all costs related to the disease or condition that causes the applicant to fail to meet the requirements of that paragraph.

             (3)  In subclause (2), relevant nominator means an approved sponsor who:

                     (a)  has lodged a nomination in relation to a primary applicant; or

                     (b)  has included an applicant who is a member of the family unit of a primary applicant in a nomination for the primary applicant; or

                     (c)  has agreed in writing for an applicant who is a member of the family unit of a primary applicant to be a secondary sponsored person in relation to the approved sponsor.

4007     (1)  The applicant:

                    (aa)  if the applicant is in a class of persons specified by the Minister in an instrument in writing for this paragraph:

                              (i)  must undertake any medical assessment specified in the instrument; and

                             (ii)  must be assessed by the person specified in the instrument;

                            unless a Medical Officer of the Commonwealth decides otherwise; and

                   (ab)  must comply with any request by a Medical Officer of the Commonwealth to undertake a medical assessment; and

                     (a)  is free from tuberculosis; and

                     (b)  is free from a disease or condition that is, or may result in the applicant being, a threat to public health in Australia or a danger to the Australian community; and

                     (c)  subject to subclause (2)—is free from a disease or condition in relation to which:

                              (i)  a person who has it would be likely to:

                                        (A)  require health care or community services; or

                                        (B)  meet the medical criteria for the provision of a community service;

                                   during the period described in subclause (1A); and

                             (ii)  the provision of the health care or community services would be likely to:

                                        (A)  result in a significant cost to the Australian community in the areas of health care and community services; or

                                        (B)  prejudice the access of an Australian citizen or permanent resident to health care or community services;

                                   regardless of whether the health care or community services will actually be used in connection with the applicant; and

                     (d)  if the applicant is a person from whom a Medical Officer of the Commonwealth has requested a signed undertaking to present himself or herself to a health authority in the State or Territory of intended residence in Australia for a follow‑up medical assessment—has provided the undertaking.

          (1A)  For subparagraph (1)(c)(i), the period is:

                     (a)  for an application for a permanent visa—the period commencing when the application is made; or

                     (b)  for an application for a temporary visa:

                              (i)  the period for which the Minister intends to grant the visa; or

                             (ii)  if the visa is of a subclass specified by the Minister in an instrument in writing for this subparagraph—the period commencing when the application is made.

          (1B)  If:

                     (a)  the applicant applies for a temporary visa; and

                     (b)  the subclass being applied for is not specified by the Minister in an instrument in writing made for subparagraph (1A)(b)(ii);

the reference in sub‑subparagraph (1)(c)(ii)(A) to health care and community services does not include the health care and community services specified by the Minister in an instrument in writing made for this subclause.

             (2)  The Minister may waive the requirements of paragraph (1)(c) if:

                     (a)  the applicant satisfies all other criteria for the grant of the visa applied for; and

                     (b)  the Minister is satisfied that the granting of the visa would be unlikely to result in:

                              (i)  undue cost to the Australian community; or

                             (ii)  undue prejudice to the access to health care or community services of an Australian citizen or permanent resident.

4009           The applicant:

                     (a)  intends to live permanently in Australia; and

                     (b)  if the applicant seeks entry to Australia as a member of a family unit, also satisfies the Minister that the applicant could obtain support in Australia from other members of the family unit.

4010           If the applicant seeks to remain in Australia permanently, or temporarily for longer than 12 months, the applicant is likely to become established in Australia without undue personal difficulty and without imposing undue difficulties or costs on the Australian community.

4011     (1)  If the applicant is affected by the risk factor specified in subclause (2), the applicant satisfies the Minister that, having regard to the applicant’s circumstances in the applicant’s country of usual residence, there is very little likelihood that the applicant will remain after the expiry of any period during which the applicant might be authorised to remain after entry.

             (2)  An applicant is affected by the risk factor referred to in subclause (1) if:

                     (a)  during the period of 5 years immediately preceding the application, the applicant has applied for a visa or entry permit for the purpose of permanent residence in Australia; or

                     (b)  the applicant has all the characteristics of a class of persons specified by the Minister by Gazette Notice for the purposes of this paragraph.

          (2A)  In specifying a class of persons for the purposes of paragraph (2)(b), the Minister must have regard to statistics prepared by the Secretary:

                     (a)  from movement records kept by Immigration about persons who have remained in Australia after expiry of the period during which each person was authorised to remain in Australia under the visa with which he or she last entered Australia; and

                     (b)  having regard to one or more of the characteristics mentioned in subclause (3).

             (3)  For the purposes of paragraph (2)(b), a characteristic is any of the following:

                     (a)  nationality;

                     (b)  marital or relationship status;

                     (c)  age;

                     (d)  sex;

                     (e)  occupation;

                      (f)  the class of visa currently applied for;

                     (g)  the place of lodgment or posting of the application for that visa.

4012           In the case of an applicant:

                     (a)  who has not turned 18; and

                     (b)  whose intended stay in Australia will not be in the company of either or both of his or her parents or guardians; and

                     (c)  whose application expresses an intention to visit, or stay with, a person in Australia who is not a relative of the applicant; and

                     (d)  who is not a member of an organised tour and for whom no adequate maintenance and support arrangements have been made for the total period of stay in Australia;

an undertaking to provide accommodation for, and to be responsible for the support and general welfare of, the applicant during the applicant’s stay in Australia is given to the Minister by a person who, in the reasonable belief of the Minister, is of good character.

4012A        In the case of an applicant who has not turned 18 and who is not an AusAID student or a Defence student:

                     (a)  the application expresses a genuine intention to reside in Australia with a person who:

                              (i)  is a parent of the applicant or a person who has custody of the applicant; or

                             (ii)  is:

                                        (A)  a relative of the applicant; and

                                        (B)  nominated by a parent of the applicant or a person who has custody of the applicant; and

                                        (C)  aged at least 21; and

                                        (D)  of good character; or

                     (b)  a signed statement is given to the Minister by the education provider for the course in which the applicant is enrolled confirming that appropriate arrangements have been made for the applicant’s accommodation, support and general welfare for at least the minimum period of enrolment stated on the applicant’s:

                              (i)  certificate of enrolment; or

                             (ii)  electronic confirmation of enrolment; or

                            (iii)  Acceptance Advice of Secondary Exchange Student (AASES);

                            plus 7 days after the end of that period.

4013     (1)  If the applicant is affected by a risk factor mentioned in subclause (1A), (2), (2A), (3), (4), or (5):

                     (a)  the application is made more than 3 years after the cancellation of the visa or temporary entry permit, or the determination of the Minister, as the case may be, referred to in the subclause that relates to the applicant; or

                     (b)  the Minister is satisfied that, in the particular case:

                              (i)  compelling circumstances that affect the interests of Australia; or

                             (ii)  compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen;

                            justify the granting of the visa within 3 years after the cancellation or determination.

          (1A)  A person is affected by a risk factor if a visa previously held by the person was cancelled:

                     (a)  under section 109 or paragraph 116(1)(d) of the Act; or

                     (b)  under section 128 of the Act because the Minister was satisfied that the ground mentioned in paragraph 116(1)(d) of the Act applied to the person.

             (2)  A person is affected by a risk factor if a visa previously held by the person was cancelled under section 116 or 128 of the Act:

                     (a)  because the person was found by Immigration to have worked without authority; or

                     (b)  if the visa was of a subclass specified in Part 2 of this Schedule—because the person did not comply with a condition specified in that Part in relation to that subclass; or

                     (c)  if the visa was a Subclass 773 (Border) visa and, at the time of grant of the visa, the person was apparently eligible for a substantive visa of a subclass specified in Part 2 of this Schedule—because the person did not comply with a condition specified in that Part in relation to that subclass of substantive visa; or

                    (ca)  because the person held a student visa and the Minister was satisfied that a ground mentioned in paragraph 116(1)(fa) of the Act applied to the person; or

                     (d)  because the Minister was satisfied that a ground prescribed by paragraph 2.43(1)(ea), (i), (ia), (j), (k), (ka), (kb), (m) or (o) applied to the person.

          (2A)  A person is affected by a risk factor if a visa previously held by the person was cancelled under section 137J of the Act.

             (3)  A person is affected by a risk factor if a temporary entry permit previously held by the person was cancelled under section 35 of the Act as in force before 1 September 1994 because the person was found by Immigration to have worked without authority.

             (4)  A person is affected by a risk factor if a temporary entry permit previously held by the person ceased to be in force as a result of a determination made by the Minister before 1 September 1994 that the person had failed to comply with a terminating condition to which the entry permit was subject.

             (5)  A person is affected by a risk factor if, before 1 September 1994, the person left Australia because the Minister made a determination under regulation 2.38 of the Migration (1993) Regulations that the person contravened a condition of an entry permit held by the person, whether or not the period of effect of that entry permit had expired at the time of the determination.

4014     (1)  If the applicant is affected by either of the risk factors specified in subclauses (2) and (4):

                     (a)  the application is made more than 3 years after the departure of the person from Australia referred to in that subclause; or

                     (b)  the Minister is satisfied that, in the particular case:

                              (i)  compelling circumstances that affect the interests of Australia; or

                             (ii)  compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen;

                            justify the granting of the visa within 3 years after the departure.

             (2)  Subject to subclause (3), a person is affected by a risk factor if the person left Australia after the expiry of a period of grace that applied to the person under section 13 of the Act as in force before 1 September 1994, being a period of grace that expired before 1 September 1994.

             (3)  Subclause (2) does not apply to a person who:

                     (a)  applied for review by the Migration Review Tribunal or the Refugee Review Tribunal; and

                     (b)  left Australia within 7 days of being notified of the decision on the application for review.

             (4)  Subject to subclause (5), a person is affected by a risk factor if the person left Australia as:

                     (a)  an unlawful non‑citizen; or

                     (b)  the holder of a Bridging C (Class (WC), Bridging D (Class WD) or Bridging E (Class WE) visa.

             (5)  Subclause (4) does not to apply to a person if:

                     (a)  the person left Australia within 28 days after a substantive visa held by the person ceased to be in effect or an entry permit held by the person expired, as the case requires; or

                     (b)  a bridging visa held by the person at the time of departure was granted:

                              (i)  within 28 days after a substantive visa held by the person ceased to be in effect or an entry permit held by the person expired, as the case requires; or

                             (ii)  while the person held another bridging visa granted:

                                        (A)  while the person held a substantive visa; or

                                        (B)  within 28 days after a substantive visa held by the person ceased to be in effect or an entry permit held by the person expired, as the case may be.

4015           The Minister is satisfied of 1 of the following:

                     (a)  the law of the additional applicant’s home country permits the removal of the additional applicant;

                     (b)  each person who can lawfully determine where the additional applicant is to live consents to the grant of the visa;

                     (c)  the grant of the visa would be consistent with any Australian child order in force in relation to the additional applicant.

4016           The Minister is satisfied that there is no compelling reason to believe that the grant of the visa would not be in the best interests of the additional applicant.

4017           The Minister is satisfied of 1 of the following:

                     (a)  the law of the applicant’s home country permits the removal of the applicant;

                     (b)  each person who can lawfully determine where the applicant is to live consents to the grant of the visa;

                     (c)  the grant of the visa would be consistent with any Australian child order in force in relation to the applicant.

4018           The Minister is satisfied that there is no compelling reason to believe that the grant of the visa would not be in the best interests of the applicant.

4019     (1)  The applicant has signed a statement (a values statement) in accordance with Part 3.

Note:          Part 3 sets out further provisions relating to values statements and the requirements for this criterion.

             (2)  However, if compelling circumstances exist, the Minister may decide that the applicant is not required to satisfy subclause (1).

4020     (1)  There is no evidence before the Minister that the applicant has given, or caused to be given, to the Minister, an officer, the Migration Review Tribunal, a relevant assessing authority or a Medical Officer of the Commonwealth, a bogus document or information that is false or misleading in a material particular in relation to:

                     (a)  the application for the visa; or

                     (b)  a visa that the applicant held in the period of 12 months before the application was made.

             (2)  The Minister is satisfied that during the period:

                     (a)  starting 3 years before the application was made; and

                     (b)  ending when the Minister makes a decision to grant or refuse the application;

the applicant and each member of the family unit of the applicant has not been refused a visa because of a failure to satisfy the criteria in subclause (1).

             (3)  To avoid doubt, subclauses (1) and (2) apply whether or not the Minister became aware of the bogus document or information that is false or misleading in a material particular because of information given by the applicant.

             (4)  The Minister may waive the requirements of any or all of paragraphs (1)(a) or (b) and subclause (2) if satisfied that:

                     (a)  compelling circumstances that affect the interests of Australia; or

                     (b)  compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen;

justify the granting of the visa.

             (5)  In this clause:

information that is false or misleading in a material particular means information that is:

                     (a)  false or misleading at the time it is given; and

                     (b)  relevant to any of the criteria the Minister may consider when making a decision on an application, whether or not the decision is made because of that information.

Note:          Regulation 1.03 defines bogus document as having the same meaning as in section 97 of the Act.

4021           Either:

                     (a)  the applicant holds a valid passport that:

                              (i)  was issued to the applicant by an official source; and

                             (ii)  is in the form issued by the official source; and

                            (iii)  is not in a class of passports specified by the Minister in an instrument in writing for this clause; or

                     (b)  it would be unreasonable to require the applicant to hold a passport.

4022           Either:

                     (a)  the applicant has signed a code of behaviour that:

                              (i)  has been approved by the Minister in accordance with Part 4; and

                             (ii)  is in effect for the subclass of visa; or

                     (b)  the Minister does not require the applicant to sign a code of behaviour that is in effect for the subclass of visa.

Part 2Conditions applicable to certain subclasses of visas for the purposes of subclause 4013(2)

 

Column 1
Item

Column 2
Visa Subclass

Column 3
Conditions

4050

405 (Investor Retirement)

8104

4051

410 (Retirement)

8101 or 8104

4052

419 (Visiting Academic)

8103

4055

442 (Occupational Trainee)

8102

4055AA

470 (Professional Development)

8102, 8501, 8531 or 8536

4055AAA

402 (Training and Research)

8102, 8103, 8501, 8531 or 8536

4055AB

488 (Superyacht Crew)

8107 or 8114

4055A

497 (Graduate—Skilled)

8501

4056

560 (Student)

8101, 8104, 8105, 8202, 8501, 8517 or 8518

4057

562 (Iranian Postgraduate Student)

8105, 8202, 8501 or 8517

4058

563 (Iranian Postgraduate Student (Dependant))

8104, 8501 or 8518

4058A

570 (Independent ELICOS Sector)

8101, 8104, 8105, 8202, 8501, 8517 or 8518

4058B

571 (Schools Sector)

8101, 8104, 8105, 8202, 8501, 8517 or 8518

4058C

572 (Vocational Education and Training Sector)

8101, 8104, 8105, 8202, 8501, 8517 or 8518

4058D

573 (Higher Education Sector)

8101, 8104, 8105, 8202, 8501, 8517 or 8518

4058E

574 (Postgraduate Research Sector)
574 (Masters and Doctorate Sector)

8101, 8104, 8105, 8202, 8501, 8517 or 8518

4058F

575 (Non‑Award Sector)
575 (Non‑award Foundation/Other Sector)

8101, 8104, 8105, 8202, 8501, 8517 or 8518

4058G

576 (AusAID or Defence Sector)

8101, 8104, 8105, 8202, 8501, 8517 or 8518

4058GA

602 (Medical Treatment)

8101 or 8201

4058H

651 (eVisitor)

8101, 8115 or 8201

4064

675 (Medical Treatment (Short Stay))

8101 or 8201

4065A

676 (Tourist)

8101, 8201 or 8558

4065B

600 (Visitor)

8101, 8115, 8201 and 8558

4070

685 (Medical)

8101 or 8201

4072

771 (Transit)

8101 or 8201

4073

956 (Electronic Travel Authority (Business Entrant—Long Validity))

8201


4074

976 (Electronic Travel Authority (Visitor))

8101 or 8201

4075

977 (Electronic Travel Authority (Business Entrant—Short Validity))

8201

4076

601 (Electronic Travel Authority)

8115 and 8201

 


Part 3Requirements for public interest criterion 4019

  

3.1  Values statement

Statement

             (1)  For public interest criterion 4019, the Minister must, by instrument in writing, approve one or more values statements for the subclasses of visas specified in the instrument.

             (2)  A values statement must include provisions relating to:

                     (a)  values that are important to Australian society; and

                     (b)  matters concerning Australian citizenship (if relevant); and

                     (c)  compliance with the laws of Australia.

             (3)  A values statement may include other provisions.

Signing values statement—Internet application

             (4)  For public interest criterion 4019, a values statement is taken to have been signed by an applicant who makes an Internet application if the instructions for signing the values statement are followed.

Part 4Requirements for public interest criterion 4022

  

4.1  Code of behaviour

                   For public interest criterion 4022, the Minister must, by instrument in writing, approve one or more written codes of behaviour for the subclasses of visas specified in the instrument.

Schedule 5Special return criteria

(regulation 1.03)

  

5001           The applicant is not:

                     (a)  a person who left Australia while the subject of a deportation order under:

                              (i)  section 200 of the Act; or

                             (ii)  section 55, 56 or 57 of the Act as in force on and after 19 December 1989 but before 1 September 1994; or

                            (iii)  section 12, 13 or 14 of the Act as in force before 19 December 1989; or

                     (b)  a person whose visa has been cancelled under section 501 of the Act, as in force before 1 June 1999, wholly or partly because the Minister, having regard to the person’s past criminal conduct, was satisfied that the person is not of good character; or

                     (c)  a person whose visa has been cancelled under section 501, 501A or 501B of the Act, wholly or partly because of paragraph 501(6)(a), subparagraph 501(6)(c)(i) or subparagraphs 501(6)(c)(i) and (ii) of the Act, if the cancellation has not been revoked under subsection 501C(4)of the Act.

5002           If the applicant is a person who has been removed from Australia under section 198, 199 or 205 of the Act:

                     (a)  the application is made more than 12 months after the removal; or

                     (b)  the Minister is satisfied that, in the particular case:

                              (i)  compelling circumstances that affect the interests of Australia; or

                             (ii)  compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen;

                            justify the granting of the visa within 12 months after the removal.

5010     (1)  If:

                     (a)  the applicant is the holder of an AusAID student visa; or

                     (b)  the applicant is the holder of a Subclass 560, 562, 563, 570, 571, 572, 573, 574 or 575 visa granted to the applicant who is provided financial support by the government of a foreign country;

the applicant meets the requirements of subclause (3), (4) or (5).

             (2)  If:

                     (a)  the applicant is not the holder of an AusAID student visa and has in the past held an AusAID student visa; or

                     (b)  both:

                              (i)  paragraph (a) does not apply to the applicant, and the applicant is not the holder of a substantive visa; and

                             (ii)  the last substantive visa held by the applicant was a Subclass 560, 562, 563, 570, 571, 572, 573, 574 or 575 visa granted to the applicant who was provided financial support by the government of a foreign country;

the applicant meets the requirements of subclause (3), (4) or (5).

             (3)  The applicant meets the requirements of this subclause if the course of study or training to which:

                     (a)  the visa mentioned in paragraph (1)(a) or (b) relates; or

                     (b)  if paragraph (2)(a) applies—the AusAID student visa most recently held by the applicant related; or

                     (c)  if paragraph (2)(b) applies—the last substantive visa held by the applicant related;

(whether or not the applicant has ceased the course) is one designed to be undertaken over a period of less than 12 months.

             (4)  The applicant meets the requirements of this subclause if the applicant:

                     (a)  has ceased:

                              (i)  the course of study or training to which:

                                        (A)  the visa mentioned in paragraph (1)(a) or (b) relates; or

                                        (B)  if paragraph (2)(a) applies—the AusAID student visa most recently held by the applicant related; or

                                        (C)  if paragraph (2)(b) applies—the last substantive visa held by the applicant related; or

                             (ii)  another course approved by the AusAID Minister or the government of the foreign country that provided financial support to the applicant, as the case requires, in substitution for that course; and

                     (b)  has spent at least 2 years outside Australia since ceasing the course.

             (5)  The applicant meets the requirements of this subclause if:

                     (a)  the applicant has the support of the AusAID Minister or the government of the foreign country that provided financial support to the applicant, as the case requires, for the grant of the visa; or

                     (b)  the Minister is satisfied that, in the particular case, waiving the requirement of paragraph (a) is justified by:

                              (i)  compelling circumstances that affect the interests of Australia; or

                             (ii)  compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

             (6)  In this clause:

AusAID student visa has the same meaning as in regulation 1.04A.

cease has the same meaning as in regulation 1.04A.

Schedule 5AEvidentiary requirements for student visas

(regulation 1.44)

Part 1Preliminary

  

5A101  Definitions

                   In this Schedule:

AASES (Acceptance Advice of Secondary Exchange Student), for a secondary exchange student, has the meaning given by clause 5A107.

acceptable non‑profit organisation means an organisation that:

                     (a)  operates on a non‑profit basis; and

                     (b)  is actively and lawfully operating in Australia or overseas; and

                     (c)  has funds that are, or an income that is, sufficient to provide the financial support that it proposes to provide.

course fees, for an applicant in relation to a period, means the fees for each course proposed to be undertaken by the applicant in the period, as indicated by the proposed education providers in a letter or other document.

family applicant, for an applicant, means a member of the applicant’s family unit who is a visa applicant seeking to satisfy secondary criteria in relation to the applicant.

financial institution means a body corporate that, as part of its normal activities:

                     (a)  takes money on deposit and makes advances of money; and

                     (b)  does so under a regulatory regime, governed by the central bank (or its equivalent) of the country in which it operates, that the Minister is satisfied provides effective prudential assurance.

first 12 months, for an applicant, means the period that:

                     (a)  begins:

                              (i)  if the application is made outside Australia—on the day of the applicant’s expected arrival in Australia; or

                             (ii)  if the application is made in Australia—on the day that the student visa is expected to be granted to the applicant; and

                     (b)  ends on the earlier of the following:

                              (i)  the day 12 months after the beginning of the period;

                             (ii)  the last day of the applicant’s proposed stay in Australia.

first 18 months, for an applicant, means the period that:

                     (a)  begins:

                              (i)  if the application is made outside Australia—on the day of the applicant’s expected arrival in Australia; or

                             (ii)  if the application is made in Australia—on the day that the student visa is expected to be granted to the applicant; and

                     (b)  ends on the earlier of the following:

                              (i)  the day 18 months after the beginning of the period;

                             (ii)  the last day of the applicant’s proposed stay in Australia.

first 24 months, for an applicant, means the period that:

                     (a)  begins:

                              (i)  if the application is made outside Australia—on the day of the applicant’s expected arrival in Australia; or

                             (ii)  if the application is made in Australia—on the day that the student visa is expected to be granted to the applicant; and

                     (b)  ends on the earlier of the following:

                              (i)  the day 24 months after the beginning of the period;

                             (ii)  the last day of the applicant’s proposed stay in Australia.

foundation course means a registered course that is registered as foundation studies.

Note:          Registered course is defined in regulation 1.03.

full period, for an applicant, means the period that:

                     (a)  begins:

                              (i)  if the application is made outside Australia—on the day of the applicant’s expected arrival in Australia; and

                             (ii)  if the application is made in Australia—on the day that the student visa is expected to be granted to the applicant; and

                     (b)  ends on the last day of the applicant’s proposed stay in Australia.

fully funded has the meaning given by clause 5A103.

initial period, for an applicant, means the period that:

                     (a)  begins:

                              (i)  if the application is made outside Australia—on the day of the applicant’s expected arrival in Australia; and

                             (ii)  if the application is made in Australia—on the day that the student visa is expected to be granted to the applicant; and

                     (b)  ends on the earlier of the following:

                              (i)  the day 12 months after the expected commencement date of the applicant’s principal course;

                             (ii)  the last day of the applicant’s proposed stay in Australia.

living costs has the meaning given by subclause 5A104(1).

money deposit means a money deposit with a financial institution.

school costs has the meaning given by subclause 5A104(2).

travel costs, for an applicant, means the sum of costs for each of the applicant and any family applicant:

                     (a)  if the applicant or family applicant is not in Australia when the application is made—of travelling to Australia; and

                     (b)  of returning to the applicant’s home country at the end of his or her stay.

5A102  Gazettal of alternatives to the IELTS test

                   The Minister may specify in a Gazette Notice:

                     (a)  an English language proficiency test as an alternative to the IELTS test; and

                     (b)  the foreign country or countries in which that test may be taken by an applicant; and

                     (c)  the test score that must be achieved by the applicant for this clause.

5A103  Meaning of fully funded

             (1)  An applicant is fully funded if the applicant’s costs listed in subclause (2) will be met by one or more of the following:

                     (a)  a multilateral agency;

                     (b)  the government of a foreign country;

                     (c)  the Commonwealth Government, or the government of a State or Territory.

             (2)  The costs for subclause (1) are the following costs for the applicant’s full period, assessed for the applicant alone:

                     (a)  course fees;

                     (b)  living costs;

                     (c)  travel costs.

5A104  Meaning of living costs and school costs

             (1)  An applicant’s living costs for a period are taken to accrue at the sum of the rates set out in the following table:

 

Item

Description of applicant

Rate

1

Applicant who is subject to assessment level 2, 3 or 4, and who is:

(a) fully funded; or

(b) the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, will be met by:

(i) a provincial or state government in a foreign country, with the written support of the government of that country; or

(ii) an organisation specified by the Minister in a Gazette Notice for this clause; or

(c) the holder of an International Postgraduate Research Scholarship funded by the Commonwealth Government

(a) an amount specified by the Minister in an instrument in writing for this clause (the basic rate); and

(b) if the applicant has a spouse or de facto partner who is a family applicant—35% of the basic rate; and

(c) if the applicant has a dependent child who is a family applicant—20% of the basic rate; and

(d) if the applicant has any further dependent children who are family applicants—15% of the basic rate for each such child

2

Applicant:

(a) who is subject to assessment level 3 or 4; and

(b) who is not funded, wholly or partly, by:

(i) the Commonwealth Government, or the government of a State or Territory; or

(ii) the government of a foreign country; or

(iii) a multilateral agency; and

(c) who proposes to undertake a course of study that is, or courses of study that are together, of a duration of less than 12 months; and

(a) an amount specified by the Minister in an instrument in writing for this clause (the basic rate); and

(b) if the applicant has a spouse or de facto partner who is a family applicant—35% of the basic rate; and

(c) if the applicant has a dependent child who is a family applicant—20% of the basic rate; and

(d) if the applicant has any further dependent children who are family applicants—15% of the basic rate for each such child

 

(d) for whom, if applying in Australia, the proposed period of stay will result in the applicant’s total period of lawful stay in Australia being less than 12 months

 

3

Applicant who:

(a) is subject to assessment level 2; and

(b) has the support of the AusAID Minister or the Defence Minister

(a) an amount specified by the Minister in an instrument in writing for this clause (the basic rate); and

(b) if the applicant has a spouse or de facto partner who is a family applicant—35% of the basic rate; and

(c) if the applicant has a dependent child who is a family applicant—20% of the basic rate; and

(d) if the applicant has any further dependent children who are family applicants—15% of the basic rate for each such child

4

Applicant to whom items 1, 2 and 3 do not apply

(a) an amount specified by the Minister in an instrument in writing for this clause (the basic rate); and

(b) if the applicant has a spouse or de facto partner—35% of the basic rate; and

(c) if the applicant has a dependent child—20% of the basic rate; and

(d) if the applicant has any further dependent children—15% of the basic rate for each such child

             (2)  An applicant’s school costs are taken to accrue at the sum of the rates set out in the following table:

 

Item

Description of applicant

Rate

1

Applicant who is subject to assessment level 2, 3 or 4, and who is:

(a) fully funded; or

(b) the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, will be met by:

(i) a provincial or state government in a foreign country, with the written support of the government of that country; or

(ii) an organisation specified by the Minister in a Gazette Notice for this clause; or

(c) the holder of an International Postgraduate Research Scholarship funded by the Commonwealth Government

$8 000 per year for each child who is:

(a) a school‑age dependant at the time; and

(b) a family applicant

2

Applicant:

(a) who is subject to assessment level 3 or 4; and

(b) who is not funded, wholly or partly, by:

(i) the Commonwealth Government, or the government of a State or Territory; or

(ii) the government of a foreign country; or

(iii) a multilateral agency; and

(c) who proposes to undertake a course of study that is, or courses of study that are together, of a duration of less than 12 months; and

$8 000 per year for each child who is:

(a) a school‑age dependant at the time; and

(b) a family applicant

 

(d) for whom, if applying in Australia, the proposed period of stay will result in the applicant’s total period of lawful stay in Australia being less than 12 months

 

3

Applicant who:

(a) is subject to assessment level 2; and

(b) has the support of the AusAID Minister or the Defence Minister

$8 000 per year for each child who is:

(a) a school‑age dependant at the time; and

(b) a family applicant

4

Applicant to whom items 1, 2 and 3 do not apply

$8 000 per year for each child who is a school‑age dependant at the time (whether or not the child is a family applicant)

5A106  Satisfying a proposed education provider about English language proficiency

                   A provision in this Schedule that requires an applicant to give evidence of a level of English language proficiency that satisfies his or her proposed education provider requires evidence that the education provider of each of the applicant’s proposed courses is satisfied that the applicant will, when the course begins, have an adequate level of English language proficiency, taking into account any ELICOS or other course that the applicant will undertake in Australia before the course concerned.

5A107  Secondary exchange student must give AASES

                   An applicant seeking to satisfy the primary criteria in Subclass 571 (Schools Sector) who is a secondary exchange student must give the declarations made by:

                     (a)  the applicant’s exchange organisation, accepting the student; and

                     (b)  the applicant’s parents, or the person or persons having custody of the applicant, agreeing to the exchange;

on an Acceptance Advice of Secondary Exchange Student form from the relevant State or Territory education authority (the AASES for the applicant).

Note:          For the definition of custody, see regulation 1.03.

5A108  Applicant must show enrolment or offer of place

             (1)  If the applicant is not a secondary exchange student, or is not seeking to satisfy primary criteria in Subclass 576 (AusAID or Defence Sector), or did not make his or her application using form 157E, the applicant must give, for each course proposed to be undertaken under the visa:

                     (a)  a certificate of enrolment; or

                     (b)  evidence that the applicant has been offered a place in the course.

             (2)  Subclause (1) does not apply to an applicant seeking to satisfy primary criteria in Subclass 574 (Postgraduate Research Sector) if:

                     (a)  his or her application was made in Australia; and

                     (b)  at the time of the application, the applicant was the holder of a Subclass 560, 562 or 574 visa; and

                     (c)  in connection with a course of study or with a matter arising from the course, the relevant educational institution requires the applicant to remain in Australia during the marking of a postgraduate thesis.

5A109  Requirement to give declaration

                   In this Schedule, if:

                     (a)  an applicant is required to give a declaration for any purpose; and

                     (b)  the applicant is less than 18 years of age—

the requirement to give the declaration is to be read as a requirement for a parent of the applicant, or a person having custody of the applicant, to give the declaration on the applicant’s behalf.

Part 2Subclass 570 (Independent ELICOS Sector)

Division 1Requirements for assessment level 5

5A201  English language proficiency

                   The applicant must have a level of English language proficiency that satisfies his or her proposed education provider.

5A202  Financial capacity

                   The applicant must give evidence that:

                     (a)  the applicant has funds that are sufficient to meet the following expenses for the full period:

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

                     (b)  the applicant has funds that are sufficient to meet travel costs; and

                     (c)  the funds have been held by the applicant in money deposits for at least the 5 years immediately before the date of the application (the accumulation day); and

                     (d)  the applicant’s income before the accumulation day was sufficient to accumulate the funds.

5A203  Other requirements

                   The applicant must give evidence that:

                     (a)  the ELICOS that he or she is to undertake will be of no more than 40 weeks duration; and

                     (b)  the applicant has the educational qualifications required by his or her education provider; and

                     (c)  satisfies the Minister that the applicant needs English language tuition:

                              (i)  to obtain employment; or

                             (ii)  to improve his or her prospects of promotion or of obtaining other employment; or

                            (iii)  to perform the functions of his or her current position.

Division 2Requirements for assessment level 4

5A204  English language proficiency

                   The applicant must have a level of English language proficiency that satisfies his or her proposed education provider.

5A205  Financial capacity

             (1)  The applicant must give, in accordance with this clause:

                     (a)  evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the first 24 months:

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

                    (aa)  a declaration by the applicant stating that he or she has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the first 24 months; and

                     (b)  evidence that the applicant has funds from an acceptable source that are sufficient to meet travel costs; and

                     (c)  evidence that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.

          (1A)  If the applicant is:

                     (a)  fully funded; or

                     (b)  an applicant:

                              (i)  who is not funded, wholly or partly, by:

                                        (A)  the Commonwealth Government, or the government of a State or Territory; or

                                        (B)  the government of a foreign country; or

                                        (C)  a multilateral agency; and

                             (ii)  who proposes to undertake a course of study that is, or courses of study that are together, of a duration of less than 12 months; and

                            (iii)  for whom, if applying in Australia, the proposed period of stay will result in the applicant’s total period of lawful stay in Australia being less than 12 months; or

                     (c)  the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, will be met by:

                              (i)  a provincial or state government in a foreign country, with the written support of the government of that country; or

                             (ii)  an organisation specified by the Minister in a Gazette Notice for this paragraph;

the applicant must give evidence that the applicant has access to funds that are sufficient to support each member of the applicant’s family unit who is not a family applicant.

             (2)  In this clause:

acceptable individual means one or more of the following:

                     (a)  the applicant;

                     (b)  the applicant’s spouse or de facto partner;

                     (c)  the applicant’s parents;

                     (d)  the applicant’s grandparents;

                     (e)  the applicant’s brothers and sisters;

                      (f)  an uncle or aunt of the applicant who is:

                              (i)  an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and

                             (ii)  usually resident in Australia.

financial support, from an applicant’s proposed education provider, means:

                     (a)  a scholarship that:

                              (i)  is awarded on the basis of merit and an open selection process; and

                             (ii)  is awarded to a student who is enrolled in a course leading to a Certificate IV qualification or a higher qualification; and

                            (iii)  is awarded to the greater of:

                                        (A)  not more than 10% of overseas students in a course intake; and

                                        (B)  not more than 3 overseas students in a course intake; or

                     (b)  a waiver of the applicant’s course fees carried out in the following circumstances:

                              (i)  the applicant is part of an exchange program that involves:

                                        (A)  a formal agreement between an education provider and an education institution in a foreign country; and

                                        (B)  the reciprocal waiver of course fees as part of that agreement;

                             (ii)  the applicant proposes to study full‑time;

                            (iii)  the applicant’s proposed studies will be credited to a course undertaken by the applicant in the applicant’s home country.

funds from an acceptable source means one or more of the following:

                     (a)  a money deposit that an acceptable individual has held for at least the 3 months immediately before the date of the application;

                     (b)  financial support from:

                              (i)  the government of a foreign country; or

                             (ii)  the Commonwealth Government, or the government of a State or Territory; or

                            (iii)  a multilateral agency; or

                            (iv)  the applicant’s proposed education provider; or

                             (v)  a provincial or state government in a foreign country, provided with the written support of the government of that country; or

                            (vi)  an organisation specified by the Minister in an instrument in writing for this subparagraph; or

                           (vii)  an acceptable non‑profit organisation;

                     (c)  a loan from a financial institution that is made to, and held in the name of, an acceptable individual;

                     (d)  a loan from the government of the applicant’s home country.

5A206  Other requirements

                   The applicant must give evidence:

                     (a)  that the ELICOS that he or she is to undertake will be of no more than 40 weeks duration; and

                     (b)  that the applicant has the educational qualifications required by his or her education provider.

Division 3Requirements for assessment level 3

5A207  English language proficiency

                   The applicant must give evidence that he or she has a level of English language proficiency that satisfies his or her proposed education provider.

5A208  Financial capacity

             (1)  The applicant must give, in accordance with this clause:

                     (a)  evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the first 18 months:

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

                    (aa)  a declaration by the applicant stating that he or she has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the first 18 months; and

                     (b)  evidence that the applicant has funds from an acceptable source that are sufficient to meet travel costs; and

                     (c)  evidence that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.

          (1A)  If the applicant is:

                     (a)  fully funded; or

                     (b)  an applicant:

                              (i)  who is not funded, wholly or partly, by:

                                        (A)  the Commonwealth Government, or the government of a State or Territory; or

                                        (B)  the government of a foreign country; or

                                        (C)  a multilateral agency; and

                             (ii)  who proposes to undertake a course of study that is, or courses of study that are together, of a duration of less than 12 months; and

                            (iii)  for whom, if applying in Australia, the proposed period of stay will result in the applicant’s total period of lawful stay in Australia being less than 12 months; or

                     (c)  the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, will be met by:

                              (i)  a provincial or state government in a foreign country, with the written support of the government of that country; or

                             (ii)  an organisation specified by the Minister in a Gazette Notice for this paragraph;

the applicant must give evidence that the applicant has access to funds that are sufficient to support each member of the applicant’s family unit who is not a family applicant.

             (2)  In this clause:

financial support, from an applicant’s proposed education provider, means:

                     (a)  a scholarship that:

                              (i)  is awarded on the basis of merit and an open selection process; and

                             (ii)  is awarded to a student who is enrolled in a course leading to a Certificate IV qualification or a higher qualification; and

                            (iii)  is awarded to the greater of:

                                        (A)  not more than 10% of overseas students in a course intake; and

                                        (B)  not more than 3 overseas students in a course intake; or

                     (b)  a waiver of the applicant’s course fees carried out in the following circumstances:

                              (i)  the applicant is part of an exchange program that involves:

                                        (A)  a formal agreement between an education provider and an education institution in a foreign country; and

                                        (B)  the reciprocal waiver of course fees as part of that agreement;

                             (ii)  the applicant proposes to study full‑time;

                            (iii)  the applicant’s proposed studies will be credited to a course undertaken by the applicant in the applicant’s home country.

funds from an acceptable source means one or more of the following:

                     (a)  a money deposit that the applicant, or an individual who is providing support to the applicant, has held for at least the 3 months immediately before the date of the application;

                     (b)  a loan from a financial institution made to, and held in the name of, the applicant or an individual who is providing support to the applicant;

                     (c)  a loan from the government of the applicant’s home country;

                     (d)  financial support from:

                              (i)  the Commonwealth Government, or the government of a State or Territory; or

                             (ii)  the government of a foreign country; or

                            (iii)  a corporation that:

                                        (A)  conducts commercial activities outside the country in which it is based; and

                                        (B)  employs the applicant in a role in relation to which the applicant’s principal course is of direct relevance; or

                            (iv)  a multilateral agency; or

                             (v)  the applicant’s proposed education provider; or

                            (vi)  a provincial or state government in a foreign country, provided with the written support of the government of that country; or

                           (vii)  an organisation specified by the Minister in an instrument in writing for this subparagraph; or

                          (viii)  an acceptable non‑profit organisation.

5A209  Other requirements

                   The applicant must give evidence:

                     (a)  of his or her previous schooling, training or other study; and

                     (b)  that the ELICOS that he or she is to undertake will be of no more than 50 weeks duration.

Division 4Requirements for assessment level 2

5A210  English language proficiency

                   The applicant must give evidence that he or she has a level of English language proficiency that satisfies his or her proposed education provider.

5A211  Financial capacity

             (1)  The applicant must give, in accordance with this clause:

                     (a)  evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the first 12 months:

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

                     (b)  evidence that the applicant has funds from an acceptable source that are sufficient to meet travel costs; and

                     (c)  a declaration by the applicant stating that he or she has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the first 12 months.

          (1A)  If the applicant is:

                     (a)  fully funded; or

                     (b)  the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, will be met by:

                              (i)  a provincial or state government in a foreign country, with the written support of the government of that country; or

                             (ii)  an organisation specified by the Minister in a Gazette Notice for this paragraph;

the applicant must give evidence that the applicant has access to funds that are sufficient to support each member of the applicant’s family unit who is not a family applicant.

             (2)  In this clause, funds from an acceptable source does not include the value of an item of property.

5A212  Other requirements

                   The applicant must give evidence that he or she has the educational qualifications required by his or her education provider.

Division 5Requirements for assessment level 1

5A213  English language proficiency

                   The applicant must give evidence that he or she has a level of English language proficiency that satisfies his or her proposed education provider.

5A214  Financial capacity

                   The applicant must give a declaration stating that the applicant has access to funds that are sufficient to meet:

                     (a)  the following expenses for the full period:

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

                     (b)  travel costs.

Part 3Subclass 571 (Schools Sector)

Division 1Requirements for assessment level 5

5A301  English language proficiency

             (1)  If the applicant is not a secondary exchange student, the applicant must give evidence that he or she achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 7.0.

          (1A)  An applicant who:

                     (a)  is not a secondary exchange student; and

                     (b)  will undertake an ELICOS (or other English language tuition) before commencing his or her principal course;

must give evidence that the ELICOS (or other English language tuition) will have a duration of no more than 50 weeks.

             (2)  If the applicant is a secondary exchange student, the applicant must give evidence that he or she has a level of English language proficiency that satisfies his or her proposed education provider.

5A302  Financial capacity

                   The applicant must give evidence that:

                     (a)  the applicant has funds that are sufficient to meet the following expenses for the full period:

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

                     (b)  the applicant has a further amount specified by the Minister in an instrument in writing for this paragraph; and

                     (c)  the applicant has funds that are sufficient to meet the following expenses for the period of 12 months following the full period:

                              (i)  living costs;

                             (ii)  school costs; and

                     (d)  the applicant has funds that are sufficient to meet travel costs; and

                     (e)  the funds (including the amount mentioned in paragraph (b)) have been held by the applicant in money deposits for at least the 5 years immediately before the date of the application (the accumulation day); and

                      (f)  the applicant’s income before the accumulation day was sufficient to accumulate the funds.

5A303  Other requirements

             (1)  If the applicant is not a secondary exchange student, the applicant must give evidence that:

                     (a)  he or she is to undertake schooling in Australia at the secondary level for at least 2 years; and

                     (b)  he or she has successfully completed secondary schooling to at least the year 9 level (or its equivalent); and

                     (c)  the principal course will assist the applicant, in the applicant’s home country:

                              (i)  to obtain employment; or

                             (ii)  to improve his or her prospects of promotion or of obtaining other employment; or

                            (iii)  to perform the functions of his or her current position; and

                     (d)  he or she was, or will be:

                              (i)  if proposing to undertake year 9 studies—less than 17 years old when commencing Year 9; and

                             (ii)  if proposing to undertake year 10 studies—less than 18 years old when commencing Year 10; and

                            (iii)  if proposing to undertake year 11 studies—less than 19 years old when commencing Year 11; and

                            (iv)  if proposing to undertake year 12 studies—less than 20 years old when commencing Year 12.

             (2)  The applicant must not undertake studies at the year 8 level or lower unless he or she is a secondary exchange student.

Division 2Requirements for assessment level 4

5A304  English language proficiency

             (1)  The applicant must give evidence that he or she has a level of English language proficiency that satisfies his or her proposed education provider.

             (2)  An applicant who:

                     (a)  is not a secondary exchange student; and

                     (b)  will undertake an ELICOS (or other English language tuition) before commencing his or her principal course;

must give evidence that the ELICOS (or other English language tuition) will have a duration of no more than 50 weeks.

5A305  Financial capacity

             (1)  If the applicant is not a secondary exchange student, the applicant must give evidence, in accordance with this clause, that:

                     (a)  the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the first 24 months:

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

                     (b)  a declaration by the applicant stating that he or she has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the first 24 months; and

                     (d)  the applicant has funds from an acceptable source that are sufficient to meet travel costs; and

                     (e)  the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.

          (1A)  If the applicant is:

                     (a)  fully funded; or

                     (b)  an applicant:

                              (i)  who is not funded, wholly or partly, by:

                                        (A)  the Commonwealth Government, or the government of a State or Territory; or

                                        (B)  the government of a foreign country; or

                                        (C)  a multilateral agency; and

                             (ii)  who proposes to undertake a course of study that is, or courses of study that are together, of a duration of less than 12 months; and

                            (iii)  for whom, if applying in Australia, the proposed period of stay will result in the applicant’s total period of lawful stay in Australia being less than 12 months; or

                     (c)  the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, will be met by:

                              (i)  a provincial or state government in a foreign country, with the written support of the government of that country; or

                             (ii)  an organisation specified by the Minister in a Gazette Notice for this paragraph;

the applicant must give evidence that the applicant has access to funds that are sufficient to support each member of the applicant’s family unit who is not a family applicant.

             (2)  In this clause:

acceptable individual means one or more of the following:

                     (a)  the applicant;

                     (b)  the applicant’s spouse or de facto partner;

                     (c)  the applicant’s parents;

                     (d)  the applicant’s grandparents;

                     (e)  the applicant’s brothers and sisters;

                      (f)  an uncle or aunt of the applicant who is:

                              (i)  an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and

                             (ii)  usually resident in Australia.

funds from an acceptable source means one or more of the following:

                     (a)  if the applicant:

                              (i)  has successfully completed at least 75% of the requirements for his or her principal course; and

                             (ii)  has applied for the visa in order to complete the course; and

                            (iii)  does not propose to undertake any further course;

                            a money deposit held by an acceptable individual;

                    (aa)  if paragraph (a) does not apply—a money deposit that an acceptable individual has held for at least the 3 months immediately before the date of the application;

                     (b)  a loan from a financial institution made to, and held in the name of, an acceptable individual;

                     (c)  a loan from the government of the applicant’s home country;

                     (d)  financial support (such as a scholarship) from:

                              (i)  the applicant’s proposed education provider; or

                             (ii)  the Commonwealth Government, or the government of a State or Territory; or

                            (iii)  the government of a foreign country; or

                            (iv)  a multilateral agency; or

                             (v)  a provincial or state government in a foreign country, provided with the written support of the government of that country; or

                            (vi)  an organisation specified by the Minister in an instrument in writing for this subparagraph; or

                           (vii)  an acceptable non‑profit organisation.

5A306  Other requirements

             (1)  If the applicant is not a secondary exchange student, the applicant:

                     (a)  must give evidence that:

                              (i)  either:

                                        (A)  the principal course will be of at least 16 months duration; or

                                        (B)  he or she has undertaken, outside Australia, a secondary course of at least 2 years duration with an Australian curriculum and conducted in English by an Australian provider and is recognised by the relevant State or Territory education authority as meeting the requirements for successful completion of those years; and

                             (ii)  he or she has successfully completed secondary schooling to at least the Year 9 level (or its equivalent); and

                            (iii)  he or she was, or will be:

                                        (A)  if proposing to undertake year 9 studies—less than 17 years old when commencing Year 9; and

                                        (B)  if proposing to undertake year 10 studies—less than 18 years old when commencing Year 10; and

                                        (C)  if proposing to undertake year 11 studies—less than 19 years old when commencing Year 11; and

                                        (D)  if proposing to undertake year 12 studies—less than 20 years old when commencing Year 12; or

                     (b)  must:

                              (i)  lodge his or her visa application in Australia, but not in immigration clearance; and

                             (ii)  give evidence that he or she has successfully completed Year 11 secondary schooling in Australia; and

                            (iii)  give evidence that he or she is enrolled in Year 12 in Australia.

             (2)  The applicant must not undertake studies at the year 8 level or lower unless he or she is a secondary exchange student.

Division 3Requirements for assessment level 3

5A307  English language proficiency

             (1)  The applicant must give evidence that he or she has a level of English language proficiency that satisfies his or her proposed education provider.

             (2)  If the applicant:

                     (a)  is not a secondary exchange student; and

                     (b)  must undertake an ELICOS (or other English language bridging course) before commencing his or her principal course in order to satisfy the English language proficiency requirements of the education provider;

he or she must give evidence that the ELICOS (or other English language bridging course) will have a duration of no more than 50 weeks.

5A308  Financial capacity

             (1)  If the applicant is not a secondary exchange student, the applicant must give, in accordance with this clause, evidence that:

                     (a)  the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the first 18 months:

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

                    (aa)  a declaration by the applicant stating that he or she has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the first 18 months; and

                     (b)  the applicant has funds from an acceptable source that are sufficient to meet travel costs; and

                     (c)  the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.

          (1A)  If the applicant is:

                     (a)  fully funded; or

                     (b)  an applicant:

                              (i)  who is not funded, wholly or partly, by:

                                        (A)  the Commonwealth Government, or the government of a State or Territory; or

                                        (B)  the government of a foreign country; or

                                        (C)  a multilateral agency; and

                             (ii)  who proposes to undertake a course of study that is, or courses of study that are together, of a duration of less than 12 months; and

                            (iii)  for whom, if applying in Australia, the proposed period of stay will result in the applicant’s total period of lawful stay in Australia being less than 12 months; or

                     (c)  the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, will be met by:

                              (i)  a provincial or state government in a foreign country, with the written support of the government of that country; or

                             (ii)  an organisation specified by the Minister in a Gazette Notice for this paragraph;

the applicant must give evidence that the applicant has access to funds that are sufficient to support each member of the applicant’s family unit who is not a family applicant.

             (2)  In this clause, funds from an acceptable source means one or more of the following:

                     (a)  if the applicant:

                              (i)  has successfully completed at least 75% of the requirements for his or her principal course; and

                             (ii)  has applied for the visa in order to complete the course; and

                            (iii)  does not propose to undertake any further course;

                            a money deposit held by the applicant or a person providing support to the applicant;

                    (aa)  if paragraph (a) does not apply—a money deposit that the applicant, or a person providing support to the applicant, has held for at least the 3 months immediately before the date of the application;

                     (b)  a loan from a financial institution made to, and held in the name of, the applicant or an individual who is providing support to the applicant;

                     (c)  a loan from the government of the applicant’s home country;

                     (d)  financial support (such as a scholarship) from:

                              (i)  the applicant’s proposed education provider; or

                             (ii)  the Commonwealth Government, or the government of a State or Territory; or

                            (iii)  the government of a foreign country; or

                            (iv)  a corporation that:

                                        (A)  conducts commercial activities outside the country in which it is based; and

                                        (B)  employs the applicant in a role in relation to which the applicant’s principal course is of direct relevance; or

                             (v)  a multilateral agency; or

                            (vi)  a provincial or state government in a foreign country, provided with the written support of the government of that country; or

                           (vii)  an organisation specified by the Minister in an instrument in writing for this subparagraph; or

                          (viii)  an acceptable non‑profit organisation.

5A309  Other requirements

                   If the applicant is not a secondary exchange student, the applicant:

                     (a)  must give evidence that:

                              (i)  either:

                                        (A)  the principal course will be of at least 16 months duration; or

                                        (B)  he or she has undertaken, outside Australia, a secondary course of at least 2 years duration with an Australian curriculum and conducted in English by an Australian provider and is recognised by the relevant State or Territory education authority as meeting the requirements for successful completion of those years; and

                             (ii)  he or she has successfully completed schooling to at least the Year 6 level (or its equivalent); and

                            (iii)  he or she was, or will be:

                                        (A)  if proposing to undertake year 9 studies—less than 17 years old when commencing Year 9; and

                                        (B)  if proposing to undertake year 10 studies—less than 18 years old when commencing Year 10; and

                                        (C)  if proposing to undertake year 11 studies—less than 19 years old when commencing Year 11; and

                                        (D)  if proposing to undertake year 12 studies—less than 20 years old when commencing Year 12; or

                     (b)  must:

                              (i)  lodge his or her visa application in Australia, but not in immigration clearance; and

                             (ii)  give evidence that he or she has successfully completed Year 11 secondary schooling in Australia; and

                            (iii)  give evidence that he or she is enrolled in Year 12 in Australia.

Division 4Requirements for assessment level 2

5A310  English language proficiency

                   The applicant must give evidence that he or she has a level of English language proficiency that satisfies his or her proposed education provider.

5A311  Financial capacity

             (1)  If the applicant is not a secondary exchange student, the applicant must give, in accordance with this clause:

                     (a)  evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the first 12 months:

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

                     (b)  evidence that the applicant has funds from an acceptable source that are sufficient to meet travel costs; and

                     (c)  a declaration by the applicant stating that he or she has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the first 12 months.

          (1A)  If the applicant is:

                     (a)  fully funded; or

                     (b)  the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, will be met by:

                              (i)  a provincial or state government in a foreign country, with the written support of the government of that country; or

                             (ii)  an organisation specified by the Minister in a Gazette Notice for this paragraph;

the applicant must give evidence that the applicant has access to funds that are sufficient to support each member of the applicant’s family unit who is not a family applicant.

             (2)  In this clause, funds from an acceptable source does not include the value of an item of property.

5A312  Other requirements

                   If the applicant is not a secondary exchange student, the applicant must:

                     (a)  give evidence that, at the time of making the application, he or she was at least 6 years old; and

                     (b)  give evidence that he or she has the educational qualifications required by his or her education provider.

Division 5Requirements for assessment level 1

5A313  English language proficiency

                   The applicant must give evidence that he or she has a level of English language proficiency that satisfies his or her proposed education provider.

5A314  Financial capacity

                   The applicant must give a declaration stating that the applicant has access to funds that are sufficient to meet:

                     (a)  the following expenses for the full period:

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

                     (b)  travel costs.

5A315  Other requirements

                   If the applicant is not a secondary exchange student, the applicant must:

                     (a)  give evidence that, at the time of making the application, he or she was at least 6 years old; and

                     (b)  give evidence that he or she has the educational qualifications required by his or her education provider.

Part 4Subclass 572 (Vocational Education and Training Sector)

Division 1Requirements for assessment level 5

5A401  English language proficiency

                   The applicant must give evidence that the applicant achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 7.0.

5A402  Financial capacity

                   The applicant must give evidence that:

                     (a)  the applicant has funds that are sufficient to meet the following expenses for the full period:

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

                     (b)  the applicant has funds that are sufficient to meet travel costs; and

                     (c)  the funds have been held by the applicant in money deposits for at least the 5 years immediately before the date of the application (the accumulation day); and

                     (d)  the applicant’s income before the accumulation day was sufficient to accumulate the funds.

5A403  Other requirements

             (1)  The applicant must give evidence:

                     (a)  that he or she has successfully completed secondary schooling to the year 12 level (or its equivalent); and

                     (b)  that:

                              (i)  he or she is enrolled in a vocational education and training course; or

                             (ii)  he or she is enrolled in a course that is a pre‑requisite to a vocational education and training course and a vocational education and training course; or

                            (iii)  he or she is enrolled in a course that is a pre‑requisite to a vocational education and training course and has an offer of a place in a vocational education and training course; and

                     (c)  that the applicant’s principal course will assist the applicant, in the applicant’s home country:

                              (i)  to obtain employment; or

                             (ii)  to improve his or her prospects of promotion or of obtaining other employment; or

                            (iii)  to perform the functions of his or her current position.

             (2)  In this clause, vocational education and training course means a vocational education and training course that is at the diploma or advanced diploma level.

Division 2Requirements for assessment level 4

5A404  English language proficiency

                   The applicant must give evidence that one of the following applies:

                     (a)  the applicant:

                              (i)  will not undertake an ELICOS before commencing his or her principal course; and

                             (ii)  achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 5.5;

                     (b)  the applicant:

                              (i)  will undertake an ELICOS of no more than 20 weeks duration before commencing his or her principal course; and

                             (ii)  achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 5.0;

                     (c)  the applicant:

                              (i)  is fully funded; and

                             (ii)  has a level of English language proficiency that satisfies his or her proposed education provider; and

                            (iii)  if the applicant is to undertake an ELICOS before commencing his or her principal course—will undertake an ELICOS of no more than 20 weeks duration;

                     (d)  the applicant had, less than 2 years before the date of the application:

                              (i)  successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that was conducted:

                                        (A)  in Australia; and

                                        (B)  in English; or

                             (ii)  successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that:

                                        (A)  is specified by the Minister in an instrument in writing for this sub‑subparagraph; and

                                        (B)  was conducted outside Australia; and

                                        (C)  was conducted in English; or

                            (iii)  as the holder of a student visa—successfully completed a substantial part of a course (other than a foundation course) that:

                                        (A)  was conducted in English; and

                                        (B)  was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or

                            (iv)  successfully completed a substantial part of a course that:

                                        (A)  is specified by the Minister in an instrument in writing for this sub‑subparagraph; and

                                        (B)  was conducted outside Australia; and

                                        (C)  was conducted in English; and

                                        (D)  was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or

                             (v)  successfully completed a foundation course that was conducted:

                                        (A)  in Australia; and

                                        (B)  in English; or

                            (vi)  successfully completed a course in foundation studies that:

                                        (A)  is specified by the Minister in an instrument in writing for this sub‑subparagraph; and

                                        (B)  was conducted outside Australia; and

                                        (C)  was conducted in English;

                     (e)  the applicant achieved, less than 2 years before the date of the application, the required score in a test that is specified in a Gazette Notice under clause 5A102;

                      (f)  the applicant has:

                              (i)  a level of English language proficiency that satisfies the applicant’s proposed education provider; and

                             (ii)  at least 5 years of study in English undertaken in 1 or more of the following countries:

                                        (A)  Australia;

                                        (B)  Canada;

                                        (C)  New Zealand;

                                        (D)  South Africa;

                                         (E)  the Republic of Ireland;

                                         (F)  the United Kingdom;

                                        (G)  the United States of America.

5A405  Financial capacity

             (1)  The applicant must give, in accordance with this clause:

                     (a)  evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the first 24 months:

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

                    (aa)  a declaration by the applicant stating that he or she has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the first 24 months; and

                     (b)  evidence that the applicant has funds from an acceptable source that are sufficient to meet travel costs; and

                     (c)  evidence that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.

          (1A)  If the applicant is:

                     (a)  fully funded; or

                     (b)  an applicant:

                              (i)  who is not funded, wholly or partly, by:

                                        (A)  the Commonwealth Government, or the government of a State or Territory; or

                                        (B)  the government of a foreign country; or

                                        (C)  a multilateral agency; and

                             (ii)  who proposes to undertake a course of study that is, or courses of study that are together, of a duration of less than 12 months; and

                            (iii)  for whom, if applying in Australia, the proposed period of stay will result in the applicant’s total period of lawful stay in Australia being less than 12 months; or

                     (c)  the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, will be met by:

                              (i)  a provincial or state government in a foreign country, with the written support of the government of that country; or

                             (ii)  an organisation specified by the Minister in a Gazette Notice for this paragraph;

the applicant must give evidence that the applicant has access to funds that are sufficient to support each member of the applicant’s family unit who is not a family applicant.

             (2)  In this clause:

acceptable individual means one or more of the following:

                     (a)  the applicant;

                     (b)  the applicant’s spouse or de facto partner;

                     (c)  the applicant’s parents;

                     (d)  the applicant’s grandparents;

                     (e)  the applicant’s brothers and sisters;

                      (f)  an uncle or aunt of the applicant who is:

                              (i)  an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and

                             (ii)  usually resident in Australia.

financial support, from an applicant’s proposed education provider, means:

                     (a)  a scholarship that:

                              (i)  is awarded on the basis of merit and an open selection process; and

                             (ii)  is awarded to a student who is enrolled in a course leading to a Certificate IV qualification or a higher qualification; and

                            (iii)  is awarded to the greater of:

                                        (A)  not more than 10% of overseas students in a course intake; and

                                        (B)  not more than 3 overseas students in a course intake; or

                     (b)  a waiver of the applicant’s course fees carried out in the following circumstances:

                              (i)  the applicant is part of an exchange program that involves:

                                        (A)  a formal agreement between an education provider and an education institution in a foreign country; and

                                        (B)  the reciprocal waiver of course fees as part of that agreement;

                             (ii)  the applicant proposes to study full‑time;

                            (iii)  the applicant’s proposed studies will be credited to a course undertaken by the applicant in the applicant’s home country.

funds from an acceptable source means one or more of the following:

                     (a)  if the applicant:

                              (i)  has successfully completed at least 75% of the requirements for his or her principal course; and

                             (ii)  has applied for the visa in order to complete the course; and

                            (iii)  does not propose to undertake any further course;

                            a money deposit held by an acceptable individual;

                    (aa)  if paragraph (a) does not apply—a money deposit that an acceptable individual has held for at least the 3 months immediately before the date of the application;

                     (b)  financial support from:

                              (i)  the applicant’s proposed education provider; or

                             (ii)  the Commonwealth Government, or the government of a State or Territory; or

                            (iii)  the government of a foreign country; or

                            (iv)  a corporation that:

                                        (A)  conducts commercial activities outside the country in which it is based; and

                                        (B)  employs the applicant in a role in relation to which the applicant’s principal course is of direct relevance; or

                             (v)  a multilateral agency; or

                            (vi)  a provincial or state government in a foreign country, provided with the written support of the government of that country; or

                           (vii)  an organisation specified by the Minister in an instrument in writing for this subparagraph; or

                          (viii)  an acceptable non‑profit organisation;

                     (c)  a loan from a financial institution that is made to, and held in the name of, an acceptable individual;

                     (d)  a loan from the government of the applicant’s home country.

5A406  Other requirements

             (1)  The applicant must give evidence:

                     (a)  that he or she has successfully completed secondary schooling to the year 12 level (or its equivalent); and

                     (b)  that:

                              (i)  he or she is enrolled in a vocational education and training course; or

                             (ii)  he or she is enrolled in a course that is a pre‑requisite to a vocational education and training course and a vocational education and training course; or

                            (iii)  he or she is enrolled in a course that is a pre‑requisite to a vocational education and training course and has an offer of a place in a vocational education and training course.

             (2)  In this clause, vocational education and training course means a vocational education and training course that:

                     (a)  leads to the award of a qualification from the Australian Qualification Framework at the diploma level; or

                     (b)  leads to the award of a qualification from the Australian Qualification Framework at the advanced diploma level; or

                     (c)  is a course of at least 1 year’s duration that leads to the award of a qualification from the Australian Qualification Framework at the Certificate IV level.

Division 3Requirements for assessment level 3

5A407  English language proficiency

                   The applicant must give evidence that one of the following applies:

                     (a)  the applicant:

                              (i)  will not undertake an ELICOS before commencing his or her principal course; and

                             (ii)  achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 5.5;

                     (b)  the applicant:

                              (i)  will undertake an ELICOS of no more than 30 weeks duration before commencing his or her principal course; and

                             (ii)  achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 4.5;

                     (c)  the applicant:

                              (i)  is fully funded; and

                             (ii)  has a level of English language proficiency that satisfies his or her proposed education provider; and

                            (iii)  if the applicant is to undertake an ELICOS before commencing his or her principal course—will undertake an ELICOS of no more than 30 weeks duration;

                     (d)  the applicant had, less than 2 years before the date of the application:

                              (i)  successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that was conducted:

                                        (A)  in Australia; and

                                        (B)  in English; or

                             (ii)  successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that:

                                        (A)  is specified by the Minister in an instrument in writing for this sub‑subparagraph; and

                                        (B)  was conducted outside Australia; and

                                        (C)  was conducted in English; or

                            (iii)  as the holder of a student visa—successfully completed a substantial part of a course (other than a foundation course) that:

                                        (A)  was conducted in English; and

                                        (B)  was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or

                            (iv)  successfully completed a substantial part of a course that:

                                        (A)  is specified by the Minister in an instrument in writing for this sub‑subparagraph; and

                                        (B)  was conducted outside Australia; and

                                        (C)  was conducted in English; and

                                        (D)  was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or

                             (v)  successfully completed a foundation course that was conducted:

                                        (A)  in Australia; and

                                        (B)  in English; or

                            (vi)  successfully completed a course in foundation studies that:

                                        (A)  is specified by the Minister in an instrument in writing for this sub‑subparagraph; and

                                        (B)  was conducted outside Australia; and

                                        (C)  was conducted in English;

                     (e)  the applicant achieved, less than 2 years before the date of the application, the required score in a test that is specified in a Gazette Notice under clause 5A102;

                      (f)  the applicant has:

                              (i)  a level of English language proficiency that satisfies the applicant’s proposed education provider; and

                             (ii)  at least 5 years of study in English undertaken in 1 or more of the following countries:

                                        (A)  Australia;

                                        (B)  Canada;

                                        (C)  New Zealand;

                                        (D)  South Africa;

                                         (E)  the Republic of Ireland;

                                         (F)  the United Kingdom;

                                        (G)  the United States of America.

5A408  Financial capacity

             (1)  The applicant must give, in accordance with this clause:

                     (a)  evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the first 18 months:

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

                    (aa)  a declaration by the applicant stating that he or she has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the first 18 months; and

                     (b)  evidence that the applicant has funds from an acceptable source that are sufficient to meet travel costs; and

                     (c)  evidence that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.

          (1A)  If the applicant is:

                     (a)  fully funded; or

                     (b)  an applicant:

                              (i)  who is not funded, wholly or partly, by:

                                        (A)  the Commonwealth Government, or the government of a State or Territory; or

                                        (B)  the government of a foreign country; or

                                        (C)  a multilateral agency; and

                             (ii)  who proposes to undertake a course of study that is, or courses of study that are together, of a duration of less than 12 months; and

                            (iii)  for whom, if applying in Australia, the proposed period of stay will result in the applicant’s total period of lawful stay in Australia being less than 12 months; or

                     (c)  the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, will be met by:

                              (i)  a provincial or state government in a foreign country, with the written support of the government of that country; or

                             (ii)  an organisation specified by the Minister in a Gazette Notice for this paragraph;

the applicant must give evidence that the applicant has access to funds that are sufficient to support each member of the applicant’s family unit who is not a family applicant.

             (2)  In this clause:

financial support, from an applicant’s proposed education provider, means:

                     (a)  a scholarship that:

                              (i)  is awarded on the basis of merit and an open selection process; and

                             (ii)  is awarded to a student who is enrolled in a course leading to a Certificate IV qualification or a higher qualification; and

                            (iii)  is awarded to the greater of:

                                        (A)  not more than 10% of overseas students in a course intake; and

                                        (B)  not more than 3 overseas students in a course intake; or

                     (b)  a waiver of the applicant’s course fees carried out in the following circumstances:

                              (i)  the applicant is part of an exchange program that involves:

                                        (A)  a formal agreement between an education provider and an education institution in a foreign country; and

                                        (B)  the reciprocal waiver of course fees as part of that agreement;

                             (ii)  the applicant proposes to study full‑time;

                            (iii)  the applicant’s proposed studies will be credited to a course undertaken by the applicant in the applicant’s home country.

funds from an acceptable source means one or more of the following:

                     (a)  if the applicant:

                              (i)  has successfully completed at least 75% of the requirements for his or her principal course; and

                             (ii)  has applied for the visa in order to complete the course; and

                            (iii)  does not propose to undertake any further course;

                            a money deposit held by the applicant or an individual who is providing support to the applicant;

                    (aa)  if paragraph (a) does not apply—a money deposit that the applicant, or an individual who is providing support to the applicant, has held for at least the 3 months immediately before the date of the application;

                     (b)  a loan from a financial institution made to, and held in the name of, the applicant or an individual who is providing support to the applicant;

                     (c)  a loan from the government of the applicant’s home country;

                     (d)  financial support from:

                              (i)  the applicant’s proposed education provider; or

                             (ii)  the Commonwealth Government, or the government of a State or Territory; or

                            (iii)  the government of a foreign country; or

                            (iv)  a corporation that:

                                        (A)  conducts commercial activities outside the country in which it is based; and

                                        (B)  employs the applicant in a role in relation to which the applicant’s principal course is of direct relevance; or

                             (v)  a multilateral agency; or

                            (vi)  a provincial or state government in a foreign country, provided with the written support of the government of that country; or

                           (vii)  an organisation specified by the Minister in an instrument in writing for this subparagraph; or

                          (viii)  an acceptable non‑profit organisation.

5A409  Other requirements

                   The applicant must give evidence:

                     (a)  that he or she has successfully completed secondary schooling to the year 11 level (or its equivalent); and

                     (b)  that:

                              (i)  he or she is enrolled in a vocational education and training course; or

                             (ii)  he or she is enrolled in a course that is a pre‑requisite to a vocational education and training course and a vocational education and training course; or

                            (iii)  he or she is enrolled in a course that is a pre‑requisite to a vocational education and training course and has an offer of a place in a vocational education and training course.

Division 4Requirements for assessment level 2

5A410  English language proficiency

                   The applicant must give evidence that he or she has a level of English language proficiency that satisfies his or her proposed education provider.

5A411  Financial capacity

             (1)  The applicant must give, in accordance with this clause:

                     (a)  evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the first 12 months:

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

                     (b)  evidence that the applicant has funds from an acceptable source that are sufficient to meet travel costs; and

                     (c)  a declaration by the applicant stating that he or she has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the first 12 months.

          (1A)  If the applicant is:

                     (a)  fully funded; or

                     (b)  the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, will be met by:

                              (i)  a provincial or state government in a foreign country, with the written support of the government of that country; or

                             (ii)  an organisation specified by the Minister in a Gazette Notice for this paragraph;

the applicant must give evidence that the applicant has access to funds that are sufficient to support each member of the applicant’s family unit who is not a family applicant.

             (2)  In this clause, funds from an acceptable source does not include the value of an item of property.

Division 5Requirements for assessment level 1

5A412  English language proficiency

                   The applicant must give evidence that he or she has a level of English language proficiency that satisfies his or her proposed education provider.

5A413  Financial capacity

                   The applicant must give a declaration stating that the applicant has access to funds that are sufficient to meet:

                     (a)  the following expenses for the full period:

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

                     (b)  travel costs.

Part 5Subclass 573 (Higher Education Sector)

Division 1Requirements for assessment level 5

5A501  English language proficiency

                   The applicant must give evidence that the applicant achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 7.0.

5A502  Financial capacity

                   The applicant must give evidence that:

                     (a)  the applicant has funds that are sufficient to meet the following expenses for the full period:

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

                     (b)  the applicant has funds that are sufficient to meet travel costs; and

                     (c)  the funds have been held by the applicant in money deposits for at least the 5 years immediately before the date of the application (the accumulation day); and

                     (d)  the applicant’s income before the accumulation day was sufficient to accumulate the funds.

5A503  Other requirements

                   The applicant must give evidence that:

                     (a)  he or she has successfully completed secondary schooling to the year 12 level (or its equivalent); and

                     (b)  the applicant’s principal course will assist the applicant, in the applicant’s home country:

                              (i)  to obtain employment; or

                             (ii)  to improve his or her prospects of promotion or of obtaining other employment; or

                            (iii)  to perform the functions of his or her current position.

Division 2Requirements for assessment level 4

5A504  English language proficiency

             (1)  The applicant must give evidence that one of the following applies:

                     (a)  the applicant:

                              (i)  will not undertake an ELICOS before commencing his or her principal course; and

                             (ii)  achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 6.0 or the required score in an English language proficiency test that is specified in a Gazette Notice for clause 5A102;

                    (aa)  the applicant:

                              (i)  has achieved, in an IELTS test that was taken less than 2 years before the time of making the application, an Overall Band Score of at least 5.5 or the required score in an English language proficiency test that is specified in a Gazette Notice for clause 5A102; and

                             (ii)  has a certificate of enrolment in a foundation course that is to be undertaken before commencing the applicant’s principal course;

                     (b)  the applicant:

                              (i)  will undertake an ELICOS of no more than 30 weeks duration before commencing his or her principal course; and

                             (ii)  achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 5.0 or the required score in an English language proficiency test that is specified in a Gazette Notice for clause 5A102;

                     (c)  the applicant:

                              (i)  is fully funded; and

                             (ii)  has a level of English language proficiency that satisfies his or her proposed education provider; and

                            (iii)  if the applicant is to undertake an ELICOS before commencing his or her principal course—will undertake an ELICOS of no more than 30 weeks duration;

                     (d)  the applicant had, less than 2 years before the date of the application:

                              (i)  successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that was conducted:

                                        (A)  in Australia; and

                                        (B)  in English; or

                             (ii)  successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that:

                                        (A)  is specified by the Minister in an instrument in writing for this sub‑subparagraph; and

                                        (B)  was conducted outside Australia; and

                                        (C)  was conducted in English; or

                            (iii)  as the holder of a student visa—successfully completed a substantial part of a course (other than a foundation course) that:

                                        (A)  was conducted in English; and

                                        (B)  was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or

                            (iv)  successfully completed a substantial part of a course that:

                                        (A)  is specified by the Minister in an instrument in writing for this sub‑subparagraph; and

                                        (B)  was conducted outside Australia; and

                                        (C)  was conducted in English; and

                                        (D)  was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or

                             (v)  successfully completed a foundation course that was conducted:

                                        (A)  in Australia; and

                                        (B)  in English; or

                            (vi)  successfully completed a course in foundation studies that:

                                        (A)  is specified by the Minister in an instrument in writing for this sub‑subparagraph; and

                                        (B)  was conducted outside Australia; and

                                        (C)  was conducted in English;

                     (e)  the applicant has:

                              (i)  a level of English language proficiency that satisfies the applicant’s proposed education provider; and

                             (ii)  at least 5 years of study in English undertaken in 1 or more of the following countries:

                                        (A)  Australia;

                                        (B)  Canada;

                                        (C)  New Zealand;

                                        (D)  South Africa;

                                         (E)  the Republic of Ireland;

                                         (F)  the United Kingdom;

                                        (G)  the United States of America.

             (2)  For subclause (1), an applicant is not required to give evidence of English language proficiency if:

                     (a)  the application was made outside Australia; and

                     (b)  the applicant:

                              (i)  provides a certificate of enrolment in a course that has been gazetted for subregulation 1.44(2) (the gazetted course); and

                             (ii)  will not undertake any other course before commencing the gazetted course.

5A505  Financial capacity

             (1)  The applicant must give, in accordance with this clause:

                     (a)  evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the first 24 months:

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

                    (aa)  a declaration by the applicant stating that he or she has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the first 24 months; and

                     (b)  evidence that the applicant has funds from an acceptable source that are sufficient to meet travel costs; and

                     (c)  evidence that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.

          (1A)  If the applicant is:

                     (a)  fully funded; or

                     (b)  an applicant:

                              (i)  who is not funded, wholly or partly, by:

                                        (A)  the Commonwealth Government, or the government of a State or Territory; or

                                        (B)  the government of a foreign country; or

                                        (C)  a multilateral agency; and

                             (ii)  who proposes to undertake a course of study that is, or courses of study that are together, of a duration of less than 12 months; and

                            (iii)  for whom, if applying in Australia, the proposed period of stay will result in the applicant’s total period of lawful stay in Australia being less than 12 months; or

                     (c)  the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, will be met by:

                              (i)  a provincial or state government in a foreign country, with the written support of the government of that country; or

                             (ii)  an organisation specified by the Minister in a Gazette Notice for this paragraph;

the applicant must give evidence that the applicant has access to funds that are sufficient to support each member of the applicant’s family unit who is not a family applicant.

             (2)  In this clause:

acceptable individual means one or more of the following:

                     (a)  the applicant;

                     (b)  the applicant’s spouse or de facto partner;

                     (c)  the applicant’s parents;

                     (d)  the applicant’s grandparents;

                     (e)  the applicant’s brothers and sisters;

                      (f)  an uncle or aunt of the applicant who is:

                              (i)  an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and

                             (ii)  usually resident in Australia.

financial support, from an applicant’s proposed education provider, means:

                     (a)  a scholarship that:

                              (i)  is awarded on the basis of merit and an open selection process; and

                             (ii)  is awarded to a student who is enrolled in a course leading to a Certificate IV qualification or a higher qualification; and

                            (iii)  is awarded to the greater of:

                                        (A)  not more than 10% of overseas students in a course intake; and

                                        (B)  not more than 3 overseas students in a course intake; or

                     (b)  a waiver of the applicant’s course fees carried out in the following circumstances:

                              (i)  the applicant is part of an exchange program that involves:

                                        (A)  a formal agreement between an education provider and an education institution in a foreign country; and

                                        (B)  the reciprocal waiver of course fees as part of that agreement;

                             (ii)  the applicant proposes to study full‑time;

                            (iii)  the applicant’s proposed studies will be credited to a course undertaken by the applicant in the applicant’s home country.

funds from an acceptable source means one or more of the following:

                     (a)  if the applicant:

                              (i)  has successfully completed at least 75% of the requirements for his or her principal course; and

                             (ii)  has applied for the visa in order to complete the course; and

                            (iii)  does not propose to undertake any further course;

                            a money deposit held by an acceptable individual;

                    (aa)  if paragraph (a) does not apply—a money deposit that an acceptable individual has held for at least the 3 months immediately before the date of the application;

                     (b)  a loan from a financial institution made to, and held in the name of, an acceptable individual;

                     (c)  a loan from the government of the applicant’s home country;

                     (d)  financial support from:

                              (i)  the applicant’s proposed education provider; or

                             (ii)  the Commonwealth Government, or the government of a State or Territory; or

                            (iii)  the government of a foreign country; or

                            (iv)  a corporation that:

                                        (A)  conducts commercial activities outside the country in which it is based; and

                                        (B)  employs the applicant in a role in relation to which the applicant’s principal course is of direct relevance; or

                             (v)  a multilateral agency; or

                            (vi)  a provincial or state government in a foreign country, provided with the written support of the government of that country; or

                           (vii)  an organisation specified by the Minister in an instrument in writing for this subparagraph; or

                          (viii)  an acceptable non‑profit organisation.

5A506  Other requirements

                   The applicant must give evidence that:

                     (a)  he or she has successfully completed secondary schooling to the year 12 level (or its equivalent); or

                     (b)  he or she:

                              (i)  has successfully completed secondary schooling to the year 11 level (or its equivalent); and

                             (ii)  has successfully completed in Australia a foundation course; or

                     (c)  he or she:

                              (i)  has successfully completed secondary schooling to the year 11 level (or its equivalent); and

                             (ii)  has a certificate of enrolment in a foundation course that is to be undertaken in Australia before commencing the applicant’s principal course; or

                     (d)  he or she:

                              (i)  has successfully completed secondary schooling to the year 11 level (or its equivalent); and

                             (ii)  has successfully completed a course in foundation studies that:

                                        (A)  is specified by the Minister in an instrument in writing for this sub‑subparagraph; and

                                        (B)  was conducted outside Australia; or

                     (e)  he or she has successfully completed a qualification from the Australian Qualifications Framework at the Certificate IV level or higher in a course that was conducted in Australia; or

                      (f)  he or she has a certificate of enrolment in a course that:

                              (i)  leads to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; and

                             (ii)  is to be undertaken in Australia before commencing the applicant’s principal course; or

                     (g)  he or she has successfully completed a qualification from the Australian Qualifications Framework at the Certificate IV level or higher in a course that:

                              (i)  is specified by the Minister in an instrument in writing for this subparagraph; and

                             (ii)  was conducted outside Australia.

Division 3Requirements for assessment level 3

5A507  English language proficiency

             (1)  The applicant must give evidence that one of the following applies:

                     (a)  the applicant:

                              (i)  will not undertake an ELICOS before commencing his or her principal course; and

                             (ii)  achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 6.0 or the required score in an English language proficiency test that is specified in a Gazette Notice for clause 5A102;

                    (aa)  the applicant has:

                              (i)  achieved, in an IELTS test that was taken less than 2 years before the time of making the application, an Overall Band Score of at least 5.5 or the required score in an English language proficiency test that is specified in a Gazette Notice for clause 5A102; and

                             (ii)  enrolled in a foundation course before commencing the applicant’s principal course;

                     (b)  the applicant:

                              (i)  will undertake an ELICOS of no more than 30 weeks duration before commencing his or her principal course; and

                             (ii)  achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 5.0 or the required score in an English language proficiency test that is specified in a Gazette Notice for clause 5A102;

                     (c)  the applicant:

                              (i)  is fully funded; and

                             (ii)  has a level of English language proficiency that satisfies his or her proposed education provider; and

                            (iii)  if the applicant is to undertake an ELICOS before commencing his or her principal course—will undertake an ELICOS of no more than 30 weeks duration;

                     (d)  the applicant had, less than 2 years before the date of the application:

                              (i)  successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that was conducted:

                                        (A)  in Australia; and

                                        (B)  in English; or

                             (ii)  successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that:

                                        (A)  is specified by the Minister in an instrument in writing for this sub‑subparagraph; and

                                        (B)  was conducted outside Australia; and

                                        (C)  was conducted in English; or

                            (iii)  as the holder of a student visa—successfully completed a substantial part of a course (other than a foundation course) that:

                                        (A)  was conducted in English; and

                                        (B)  was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or

                            (iv)  successfully completed a substantial part of a course that:

                                        (A)  is specified by the Minister in an instrument in writing for this sub‑subparagraph; and

                                        (B)  was conducted outside Australia; and

                                        (C)  was conducted in English; and

                                        (D)  was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or

                             (v)  successfully completed a foundation course that was conducted:

                                        (A)  in Australia; and

                                        (B)  in English; or

                            (vi)  successfully completed a course in foundation studies that:

                                        (A)  is specified by the Minister in an instrument in writing for this sub‑subparagraph; and

                                        (B)  was conducted outside Australia; and

                                        (C)  was conducted in English;

                     (e)  the applicant has:

                              (i)  a level of English language proficiency that satisfies the applicant’s proposed education provider; and

                             (ii)  at least 5 years of study in English undertaken in 1 or more of the following countries:

                                        (A)  Australia;

                                        (B)  Canada;

                                        (C)  New Zealand;

                                        (D)  South Africa;

                                         (E)  the Republic of Ireland;

                                         (F)  the United Kingdom;

                                        (G)  the United States of America.

             (2)  For subclause (1), an applicant is not required to give evidence of English language proficiency if:

                     (a)  the application was made outside Australia; and

                     (b)  the applicant:

                              (i)  provides a certificate of enrolment in a course that has been gazetted for subregulation 1.44(2) (the gazetted course); and

                             (ii)  will not undertake any other course before commencing the gazetted course.

5A508  Financial capacity

             (1)  The applicant must give, in accordance with this clause:

                     (a)  evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the first 18 months:

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

                    (aa)  a declaration by the applicant stating that he or she has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the first 18 months; and

                     (b)  evidence that the applicant has funds from an acceptable source that are sufficient to meet travel costs; and

                     (c)  evidence that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.

          (1A)  If the applicant is:

                     (a)  fully funded; or

                     (b)  an applicant:

                              (i)  who is not funded, wholly or partly, by:

                                        (A)  the Commonwealth Government, or the government of a State or Territory; or

                                        (B)  the government of a foreign country; or

                                        (C)  a multilateral agency; and

                             (ii)  who proposes to undertake a course of study that is, or courses of study that are together, of a duration of less than 12 months; and

                            (iii)  for whom, if applying in Australia, the proposed period of stay will result in the applicant’s total period of lawful stay in Australia being less than 12 months; or

                     (c)  the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, will be met by:

                              (i)  a provincial or state government in a foreign country, with the written support of the government of that country; or

                             (ii)  an organisation specified by the Minister in a Gazette Notice for this paragraph;

the applicant must give evidence that the applicant has access to funds that are sufficient to support each member of the applicant’s family unit who is not a family applicant.

             (2)  In this clause:

financial support, from an applicant’s proposed education provider, means:

                     (a)  a scholarship that:

                              (i)  is awarded on the basis of merit and an open selection process; and

                             (ii)  is awarded to a student who is enrolled in a course leading to a Certificate IV qualification or a higher qualification; and

                            (iii)  is awarded to the greater of:

                                        (A)  not more than 10% of overseas students in a course intake; and

                                        (B)  not more than 3 overseas students in a course intake; or

                     (b)  a waiver of the applicant’s course fees carried out in the following circumstances:

                              (i)  the applicant is part of an exchange program that involves:

                                        (A)  a formal agreement between an education provider and an education institution in a foreign country; and

                                        (B)  the reciprocal waiver of course fees as part of that agreement;

                             (ii)  the applicant proposes to study full‑time;

                            (iii)  the applicant’s proposed studies will be credited to a course undertaken by the applicant in the applicant’s home country.

funds from an acceptable source means one or more of the following:

                     (a)  if the applicant:

                              (i)  has successfully completed at least 75% of the requirements for his or her principal course; and

                             (ii)  has applied for the visa in order to complete the course; and

                            (iii)  does not propose to undertake any further course;

                            a money deposit held by the applicant or an individual who is providing support to the applicant;

                     (b)  if paragraph (a) does not apply—a money deposit that the applicant, or an individual who is providing support to the applicant, has held for at least the 3 months immediately before the date of the application;

                     (c)  a loan from a financial institution made to, and held in the name of, the applicant or an individual who is providing support to the applicant;

                     (d)  a loan from the government of the applicant’s home country;

                     (e)  financial support from:

                              (i)  the applicant’s proposed education provider; or

                             (ii)  the Commonwealth Government, or the government of a State or Territory; or

                            (iii)  the government of a foreign country; or

                            (iv)  a corporation that:

                                        (A)  conducts commercial activities outside the country in which it is based; and

                                        (B)  employs the applicant in a role in relation to which the applicant’s principal course is of direct relevance; or

                             (v)  a multilateral agency; or

                            (vi)  a provincial or state government in a foreign country, provided with the written support of the government of that country; or

                           (vii)  an organisation specified by the Minister in an instrument in writing for this subparagraph; or

                          (viii)  an acceptable non‑profit organisation.

5A509  Other requirements

                   The applicant must give evidence that:

                     (a)  he or she has successfully completed secondary schooling to the year 12 level (or its equivalent); or

                     (b)  he or she:

                              (i)  has successfully completed secondary schooling to the year 11 level (or its equivalent); and

                             (ii)  has successfully completed in Australia a foundation course; or

                     (c)  he or she:

                              (i)  has successfully completed secondary schooling to the year 11 level (or its equivalent); and

                             (ii)  has a certificate of enrolment in a foundation course that is to be undertaken in Australia before commencing the applicant’s principal course; or

                     (d)  he or she:

                              (i)  has successfully completed secondary schooling to the year 11 level (or its equivalent); and

                             (ii)  has successfully completed a course in foundation studies that:

                                        (A)  is specified by the Minister in an instrument in writing for this sub‑subparagraph; and

                                        (B)  was conducted outside Australia; or

                     (e)  he or she has successfully completed a qualification from the Australian Qualifications Framework at the Certificate IV level or higher in a course that was conducted in Australia; or

                      (f)  he or she has a certificate of enrolment in a course that:

                              (i)  leads to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; and

                             (ii)  is to be undertaken in Australia before commencing the applicant’s principal course; or

                     (g)  he or she has successfully completed a qualification from the Australian Qualifications Framework at the Certificate IV level or higher in a course that:

                              (i)  is specified by the Minister in an instrument in writing for this subparagraph; and

                             (ii)  was conducted outside Australia.

Division 4Requirements for assessment level 2

5A510  English language proficiency

                   The applicant must give evidence that he or she has a level of English language proficiency that satisfies his or her proposed education provider.

5A511  Financial capacity

             (1)  The applicant must give, in accordance with this clause:

                     (a)  evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the first 12 months:

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

                     (b)  evidence that the applicant has funds from an acceptable source that are sufficient to meet travel costs; and

                     (c)  a declaration by the applicant stating that he or she has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the first 12 months.

          (1A)  If the applicant is:

                     (a)  fully funded; or

                     (b)  the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, will be met by:

                              (i)  a provincial or state government in a foreign country, with the written support of the government of that country; or

                             (ii)  an organisation specified by the Minister in a Gazette Notice for this paragraph;

the applicant must give evidence that the applicant has access to funds that are sufficient to support each member of the applicant’s family unit who is not a family applicant.

             (2)  In this clause, funds from an acceptable source does not include the value of an item of property.

5A512  Other requirements

                   The applicant must give evidence that he or she has the educational qualifications required by his or her proposed education provider.

Division 5Requirements for assessment level 1

5A513  English language proficiency

                   The applicant must give evidence that he or she has a level of English language proficiency that satisfies his or her proposed education provider.

5A514  Financial capacity

                   The applicant must give a declaration stating that the applicant has access to funds that are sufficient to meet:

                     (a)  the following expenses for the full period:

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

                     (b)  travel costs.

5A515  Other requirements

                   The applicant must give evidence that he or she has the educational qualifications required by the applicant’s proposed education provider.

Part 6Subclass 574 (Postgraduate Research Sector)

Division 1Requirements for assessment level 5

5A601  English language proficiency

                   The applicant must give evidence that the applicant achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 7.0.

5A602  Financial capacity

                   The applicant must give evidence that:

                     (a)  the applicant has funds that are sufficient to meet the following expenses for the full period:

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

                     (b)  the applicant has funds that are sufficient to meet travel costs; and

                     (c)  the funds have been held by the applicant in money deposits for at least the 5 years immediately before the date of the application (the accumulation day); and

                     (d)  the applicant’s income before the accumulation day was sufficient to accumulate the funds.

5A603  Other requirements

                   The applicant must give evidence that:

                     (a)  he or she has completed an undergraduate degree or its equivalent; and

                     (b)  the applicant’s principal course will assist the applicant, in the applicant’s home country:

                              (i)  to obtain employment; or

                             (ii)  to improve his or her prospects of promotion or of obtaining other employment; or

                            (iii)  to perform the functions of his or her current position.

Division 2Requirements for assessment level 4

5A604  English language proficiency

             (1)  An applicant is not required to provide evidence of English language proficiency if the application was made outside Australia, and:

                     (a)  the applicant provides evidence that he or she has successfully completed a course, or a course that is included in a class of courses, specified in a Gazette Notice for this paragraph; or

                     (b)  the applicant:

                              (i)  provides a certificate of enrolment in a course that has been gazetted for subregulation 1.44(2) (the gazetted course); and

                             (ii)  will not undertake any other course before commencing the gazetted course.

             (2)  If subclause (1) does not apply, the applicant must give evidence that one of the following applies:

                     (a)  the applicant:

                              (i)  will not undertake an ELICOS before commencing his or her principal course; and

                             (ii)  achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 6.0;

                     (b)  the applicant:

                              (i)  will undertake an ELICOS of no more than 30 weeks duration before commencing his or her principal course; and

                             (ii)  achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 5.0;

                     (c)  the applicant:

                              (i)  is fully funded or holds an International Postgraduate Research Scholarship funded by the Commonwealth Government; and

                             (ii)  has a level of English language proficiency that satisfies his or her proposed education provider; and

                            (iii)  if the applicant is to undertake an ELICOS before commencing his or her principal course—will undertake an ELICOS of no more than 30 weeks duration;

                     (d)  the applicant had, less than 2 years before the date of the application:

                              (i)  successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that was conducted:

                                        (A)  in Australia; and

                                        (B)  in English; or

                             (ii)  successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that:

                                        (A)  is specified by the Minister in an instrument in writing for this sub‑subparagraph; and

                                        (B)  was conducted outside Australia; and

                                        (C)  was conducted in English; or

                            (iii)  as the holder of a student visa—successfully completed a substantial part of a course (other than a foundation course) that:

                                        (A)  was conducted in English; and

                                        (B)  was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or

                            (iv)  successfully completed a substantial part of a course that:

                                        (A)  is specified by the Minister in an instrument in writing for this sub‑subparagraph; and

                                        (B)  was conducted outside Australia; and

                                        (C)  was conducted in English; and

                                        (D)  was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or

                             (v)  successfully completed a foundation course that was conducted:

                                        (A)  in Australia; and

                                        (B)  in English; or

                            (vi)  successfully completed a course in foundation studies that:

                                        (A)  is specified by the Minister in an instrument in writing for this sub‑subparagraph; and

                                        (B)  was conducted outside Australia; and

                                        (C)  was conducted in English;

                     (e)  the applicant achieved, less than 2 years before the date of the application, the required score in a test that is specified in a Gazette Notice under clause 5A102;

                      (f)  the applicant has:

                              (i)  a level of English language proficiency that satisfies the applicant’s proposed education provider; and

                             (ii)  at least 5 years of study in English undertaken in 1 or more of the following countries:

                                        (A)  Australia;

                                        (B)  Canada;

                                        (C)  New Zealand;

                                        (D)  South Africa;

                                         (E)  the Republic of Ireland;

                                         (F)  the United Kingdom;

                                        (G)  the United States of America.

5A605  Financial capacity

             (1)  The applicant must give, in accordance with this clause:

                     (a)  evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the initial period:

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

                     (b)  evidence that the applicant has funds from an acceptable source that are sufficient to meet travel costs; and

                     (c)  a declaration by the applicant stating that he or she has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of his or her expected stay in Australia; and

                     (d)  evidence that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.

          (1A)  If the applicant:

                     (a)  is fully funded; or

                     (b)  is an applicant:

                              (i)  who is not funded, wholly or partly, by:

                                        (A)  the Commonwealth Government, or the government of a State or Territory; or

                                        (B)  the government of a foreign country; or

                                        (C)  a multilateral agency; and

                             (ii)  who proposes to undertake a course of study that is, or courses of study that are together, of a duration of less than 12 months; and

                            (iii)  for whom, if applying in Australia, the proposed period of stay will result in the applicant’s total period of lawful stay in Australia being less than 12 months; or

                     (c)  is the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, will be met by:

                              (i)  a provincial or state government in a foreign country, with the written support of the government of that country; or

                             (ii)  an organisation specified by the Minister in a Gazette Notice for this paragraph; or

                     (d)  holds an International Postgraduate Research Scholarship funded by the Commonwealth Government;

the applicant must give evidence that the applicant has access to funds that are sufficient to support each member of the applicant’s family unit who is not a family applicant.

             (2)  In this clause:

acceptable individual means one or more of the following:

                     (a)  the applicant;

                     (b)  the applicant’s spouse or de facto partner;

                     (c)  the applicant’s parents;

                     (d)  the applicant’s grandparents;

                     (e)  the applicant’s brothers and sisters;

                      (f)  an uncle or aunt of the applicant who is:

                              (i)  an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and

                             (ii)  usually resident in Australia.

financial support, from an applicant’s proposed education provider, means:

                     (a)  a scholarship that:

                              (i)  is awarded on the basis of merit and an open selection process; and

                             (ii)  is awarded to a student who is enrolled in a course leading to a Certificate IV qualification or a higher qualification; and

                            (iii)  is awarded to the greater of:

                                        (A)  not more than 10% of overseas students in a course intake; and

                                        (B)  not more than 3 overseas students in a course intake; or

                     (b)  a waiver of the applicant’s course fees carried out in the following circumstances:

                              (i)  the applicant is part of an exchange program that involves:

                                        (A)  a formal agreement between an education provider and an education institution in a foreign country; and

                                        (B)  the reciprocal waiver of course fees as part of that agreement;

                             (ii)  the applicant proposes to study full‑time;

                            (iii)  the applicant’s proposed studies will be credited to a course undertaken by the applicant in the applicant’s home country.

funds from an acceptable source means one or more of the following:

                     (a)  if the applicant:

                              (i)  has successfully completed at least 75% of the requirements for his or her principal course; and

                             (ii)  has applied for the visa in order to complete the course; and

                            (iii)  does not propose to undertake any further course;

                            a money deposit held by an acceptable individual;

                    (aa)  if paragraph (a) does not apply—a money deposit that an acceptable individual has held for at least the 3 months immediately before the date of the application;

                     (b)  a loan from a financial institution made to, and held in the name of, an acceptable individual;

                     (c)  a loan from the government of the applicant’s home country;

                     (d)  financial support from:

                              (i)  the applicant’s proposed education provider; or

                             (ii)  the Commonwealth Government, or the government of a State or Territory; or

                            (iii)  the government of a foreign country; or

                            (iv)  a corporation that:

                                        (A)  conducts commercial activities outside the country in which it is based; and

                                        (B)  employs the applicant in a role in relation to which the applicant’s principal course is of direct relevance; or

                             (v)  a multilateral agency; or

                            (vi)  a provincial or state government in a foreign country, provided with the written support of the government of that country; or

                           (vii)  an organisation specified by the Minister in an instrument in writing for this subparagraph; or

                          (viii)  an acceptable non‑profit organisation.

5A606  Other requirements

                   The applicant must give evidence that he or she has completed an undergraduate degree or its equivalent.

Division 3Requirements for assessment level 3

5A607  English language proficiency

             (1)  An applicant is not required to provide evidence of English language proficiency if the application was made outside Australia, and:

                     (a)  the applicant provides evidence that he or she has successfully completed a course, or a course that is included in a class of courses, specified in a Gazette Notice for this paragraph; or

                     (b)  the applicant:

                              (i)  provides a certificate of enrolment in a course that has been gazetted for subregulation 1.44(2) (the gazetted course); and

                             (ii)  will not undertake any other course before commencing the gazetted course.

             (2)  If subclause (1) does not apply, the applicant must give evidence that one of the following applies:

                     (a)  the applicant:

                              (i)  will not undertake an ELICOS before commencing his or her principal course; and

                             (ii)  achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 6.0;

                     (b)  the applicant:

                              (i)  will undertake an ELICOS of no more than 30 weeks duration before commencing his or her principal course; and

                             (ii)  achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 5.0;

                     (c)  the applicant:

                              (i)  is fully funded or holds an International Postgraduate Research Scholarship funded by the Commonwealth Government; and

                             (ii)  has a level of English language proficiency that satisfies his or her proposed education provider; and

                            (iii)  if the applicant is to undertake an ELICOS before commencing his or her principal course—will undertake an ELICOS of no more than 30 weeks duration;

                     (d)  the applicant had, less than 2 years before the date of the application:

                              (i)  successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that was conducted:

                                        (A)  in Australia; and

                                        (B)  in English; or

                             (ii)  successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that:

                                        (A)  is specified by the Minister in an instrument in writing for this sub‑subparagraph; and

                                        (B)  was conducted outside Australia; and

                                        (C)  was conducted in English; or

                            (iii)  as the holder of a student visa—successfully completed a substantial part of a course (other than a foundation course) that:

                                        (A)  was conducted in English; and

                                        (B)  was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or

                            (iv)  successfully completed a substantial part of a course that:

                                        (A)  is specified by the Minister in an instrument in writing for this sub‑subparagraph; and

                                        (B)  was conducted outside Australia; and

                                        (C)  was conducted in English; and

                                        (D)  was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or

                             (v)  successfully completed a foundation course that was conducted:

                                        (A)  in Australia; and

                                        (B)  in English; or

                            (vi)  successfully completed a course in foundation studies that:

                                        (A)  is specified by the Minister in an instrument in writing for this sub‑subparagraph; and

                                        (B)  was conducted outside Australia; and

                                        (C)  was conducted in English;

                     (e)  the applicant achieved, less than 2 years before the date of the application, the required score in a test that is specified in a Gazette Notice under clause 5A102;

                      (f)  the applicant has:

                              (i)  a level of English language proficiency that satisfies the applicant’s proposed education provider; and

                             (ii)  at least 5 years of study in English undertaken in 1 or more of the following countries:

                                        (A)  Australia;

                                        (B)  Canada;

                                        (C)  New Zealand;

                                        (D)  South Africa;

                                         (E)  the Republic of Ireland;

                                         (F)  the United Kingdom;

                                        (G)  the United States of America.

5A608  Financial capacity

             (1)  The applicant must give, in accordance with this clause:

                     (a)  evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the initial period:

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

                     (b)  evidence that the applicant has funds from an acceptable source that are sufficient to meet travel costs; and

                     (c)  a declaration by the applicant stating that he or she has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of his or her expected stay in Australia; and

                     (d)  evidence that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.

          (1A)  If the applicant:

                     (a)  is fully funded; or

                     (b)  is an applicant:

                              (i)  who is not funded, wholly or partly, by:

                                        (A)  the Commonwealth Government, or the government of a State or Territory; or

                                        (B)  the government of a foreign country; or

                                        (C)  a multilateral agency; and

                             (ii)  who proposes to undertake a course of study that is, or courses of study that are together, of a duration of less than 12 months; and

                            (iii)  for whom, if applying in Australia, the proposed period of stay will result in the applicant’s total period of lawful stay in Australia being less than 12 months; or

                     (c)  is the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, will be met by:

                              (i)  a provincial or state government in a foreign country, with the written support of the government of that country; or

                             (ii)  an organisation specified by the Minister in a Gazette Notice for this paragraph; or

                     (d)  holds an International Postgraduate Research Scholarship funded by the Commonwealth Government;

the applicant must give evidence that the applicant has access to funds that are sufficient to support each member of the applicant’s family unit who is not a family applicant.

             (2)  In this clause:

financial support, from an applicant’s proposed education provider, means:

                     (a)  a scholarship that:

                              (i)  is awarded on the basis of merit and an open selection process; and

                             (ii)  is awarded to a student who is enrolled in a course leading to a Certificate IV qualification or a higher qualification; and

                            (iii)  is awarded to the greater of:

                                        (A)  not more than 10% of overseas students in a course intake; and

                                        (B)  not more than 3 overseas students in a course intake; or

                     (b)  a waiver of the applicant’s course fees carried out in the following circumstances:

                              (i)  the applicant is part of an exchange program that involves:

                                        (A)  a formal agreement between an education provider and an education institution in a foreign country; and

                                        (B)  the reciprocal waiver of course fees as part of that agreement;

                             (ii)  the applicant proposes to study full‑time;

                            (iii)  the applicant’s proposed studies will be credited to a course undertaken by the applicant in the applicant’s home country.

funds from an acceptable source means one or more of the following:

                     (a)  a money deposit held by the applicant or by an individual who is providing support to the applicant;

                     (b)  a loan from a financial institution made to, and held in the name of, the applicant or an individual who is providing support to the applicant;

                     (c)  a loan from the government of the applicant’s home country;

                     (d)  financial support from:

                              (i)  the applicant’s proposed education provider; or

                             (ii)  the Commonwealth Government, or the government of a State or Territory; or

                            (iii)  the government of a foreign country; or

                            (iv)  a corporation that:

                                        (A)  conducts commercial activities outside the country in which it is based; and

                                        (B)  employs the applicant in a role in relation to which the applicant’s principal course is of direct relevance; or

                             (v)  a multilateral agency; or

                            (vi)  a provincial or state government in a foreign country, provided with the written support of the government of that country; or

                           (vii)  an organisation specified by the Minister in an instrument in writing for this subparagraph; or

                          (viii)  an acceptable non‑profit organisation.

5A609  Other requirements

                   The applicant must give evidence that he or she has completed an undergraduate degree or its equivalent.

Division 4Requirements for assessment level 2

5A610  English language proficiency

                   The applicant must give evidence that he or she has a level of English language proficiency that satisfies his or her proposed education provider.

5A611  Financial capacity

             (1)  The applicant must give, in accordance with this clause:

                     (a)  evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the first 12 months:

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

                     (b)  evidence that the applicant has funds from an acceptable source that are sufficient to meet travel costs; and

                     (c)  a declaration by the applicant stating that he or she has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the first 12 months.

          (1A)  If the applicant:

                     (a)  is fully funded; or

                     (b)  is the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, will be met by:

                              (i)  a provincial or state government in a foreign country, with the written support of the government of that country; or

                             (ii)  an organisation specified by the Minister in a Gazette Notice for this paragraph; or

                     (c)  holds an International Postgraduate Research Scholarship funded by the Commonwealth Government;

the applicant must give evidence that the applicant has access to funds that are sufficient to support each member of the applicant’s family unit who is not a family applicant.

             (2)  In this clause, funds from an acceptable source does not include the value of an item of property.

5A612  Other requirements

                   The applicant must give evidence that he or she has completed an undergraduate degree or its equivalent.

Division 5Requirements for assessment level 1

5A613  English language proficiency

                   The applicant must give evidence that he or she has a level of English language proficiency that satisfies his or her proposed education provider.

5A614  Financial capacity

                   The applicant must give a declaration stating that the applicant has access to funds that are sufficient to meet:

                     (a)  the following expenses for the full period:

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

                     (b)  travel costs.

5A615  Other requirements

                   The applicant must give evidence that he or she has the educational qualifications required by the applicant’s proposed education provider.

Part 7Subclass 575 (Non‑Award Sector)

Division 1Requirements for assessment level 5

5A701  English language proficiency

                   The applicant must give evidence that the applicant achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 7.0.

5A702  Financial capacity

                   The applicant must give evidence that:

                     (a)  the applicant has funds that are sufficient to meet the following expenses for the full period:

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

                     (b)  the applicant has funds that are sufficient to meet travel costs; and

                     (c)  the funds have been held by the applicant in money deposits for at least the 5 years immediately before the date of the application (the accumulation day); and

                     (d)  the applicant’s income before the accumulation day was sufficient to accumulate the funds.

5A703  Other requirements

                   The applicant must give:

                     (a)  evidence that he or she has successfully completed secondary schooling to the year 12 level (or its equivalent); and

                     (b)  (despite paragraph 5A108 (a)) a certificate of enrolment in the principal course; and

                     (c)  evidence that the applicant’s principal course will assist the applicant, in the applicant’s home country:

                              (i)  to obtain employment; or

                             (ii)  to improve his or her prospects of promotion or of obtaining other employment; or

                            (iii)  to perform the functions of his or her current position.

Division 2Requirements for assessment level 4

5A704  English language proficiency

                   The applicant must give evidence that one of the following applies:

                     (a)  the applicant:

                              (i)  will not undertake an ELICOS before commencing his or her principal course; and

                             (ii)  achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 5.5;

                     (b)  the applicant:

                              (i)  will undertake an ELICOS of no more than 20 weeks duration before commencing his or her principal course; and

                             (ii)  achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 5.0;

                     (c)  the applicant:

                              (i)  is fully funded; and

                             (ii)  has a level of English language proficiency that satisfies his or her proposed education provider; and

                            (iii)  if the applicant is to undertake an ELICOS before commencing his or her principal course—will undertake an ELICOS of no more than 20 weeks duration;

                     (d)  the applicant had, less than 2 years before the date of the application:

                              (i)  successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that was conducted:

                                        (A)  in Australia; and

                                        (B)  in English; or

                             (ii)  successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that:

                                        (A)  is specified by the Minister in an instrument in writing for this sub‑subparagraph; and

                                        (B)  was conducted outside Australia; and

                                        (C)  was conducted in English; or

                            (iii)  as the holder of a student visa—successfully completed a substantial part of a course (other than a foundation course) that:

                                        (A)  was conducted in English; and

                                        (B)  was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or

                            (iv)  successfully completed a substantial part of a course that:

                                        (A)  is specified by the Minister in an instrument in writing for this sub‑subparagraph; and

                                        (B)  was conducted outside Australia; and

                                        (C)  was conducted in English; and

                                        (D)  was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or

                             (v)  successfully completed a foundation course that was conducted:

                                        (A)  in Australia; and

                                        (B)  in English; or

                            (vi)  successfully completed a course in foundation studies that:

                                        (A)  is specified by the Minister in an instrument in writing for this sub‑subparagraph; and

                                        (B)  was conducted outside Australia; and

                                        (C)  was conducted in English;

                     (e)  the applicant achieved, less than 2 years before the date of the application, the required score in a test that is specified in a Gazette Notice under clause 5A102;

                      (f)  the applicant has:

                              (i)  a level of English language proficiency that satisfies the applicant’s proposed education provider; and

                             (ii)  at least 5 years of study in English undertaken in 1 or more of the following countries:

                                        (A)  Australia;

                                        (B)  Canada;

                                        (C)  New Zealand;

                                        (D)  South Africa;

                                         (E)  the Republic of Ireland;

                                         (F)  the United Kingdom;

                                        (G)  the United States of America.

5A705  Financial capacity

             (1)  The applicant must give, in accordance with this clause:

                     (a)  evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the first 24 months:

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

                    (aa)  a declaration by the applicant stating that he or she has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the first 24 months; and

                     (b)  evidence that the applicant has funds from an acceptable source that are sufficient to meet travel costs; and

                     (c)  evidence that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.

          (1A)  If the applicant is:

                     (a)  fully funded; or

                     (b)  an applicant:

                              (i)  who is not funded, wholly or partly, by:

                                        (A)  the Commonwealth Government, or the government of a State or Territory; or

                                        (B)  the government of a foreign country; or

                                        (C)  a multilateral agency; and

                             (ii)  who proposes to undertake a course of study that is, or courses of study that are together, of a duration of less than 12 months; and

                            (iii)  for whom, if applying in Australia, the proposed period of stay will result in the applicant’s total period of lawful stay in Australia being less than 12 months; or

                     (c)  the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, will be met by:

                              (i)  a provincial or state government in a foreign country, with the written support of the government of that country; or

                             (ii)  an organisation specified by the Minister in a Gazette Notice for this paragraph;

the applicant must give evidence that the applicant has access to funds that are sufficient to support each member of the applicant’s family unit who is not a family applicant.

             (2)  In this clause:

acceptable individual means one or more of the following:

                     (a)  the applicant;

                     (b)  the applicant’s spouse or de facto partner;

                     (c)  the applicant’s parents;

                     (d)  the applicant’s grandparents;

                     (e)  the applicant’s brothers and sisters;

                      (f)  an uncle or aunt of the applicant who is:

                              (i)  an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and

                             (ii)  usually resident in Australia.

financial support, from an applicant’s proposed education provider, means:

                     (a)  a scholarship that:

                              (i)  is awarded on the basis of merit and an open selection process; and

                             (ii)  is awarded to a student who is enrolled in a course leading to a Certificate IV qualification or a higher qualification; and

                            (iii)  is awarded to the greater of:

                                        (A)  not more than 10% of overseas students in a course intake; and

                                        (B)  not more than 3 overseas students in a course intake; or

                     (b)  a waiver of the applicant’s course fees carried out in the following circumstances:

                              (i)  the applicant is part of an exchange program that involves:

                                        (A)  a formal agreement between an education provider and an education institution in a foreign country; and

                                        (B)  the reciprocal waiver of course fees as part of that agreement;

                             (ii)  the applicant proposes to study full‑time;

                            (iii)  the applicant’s proposed studies will be credited to a course undertaken by the applicant in the applicant’s home country.

funds from an acceptable source means one or more of the following:

                     (a)  a money deposit that an acceptable individual has held for at least the 3 months immediately before the date of the application;

                     (b)  financial support from:

                              (i)  the applicant’s proposed education provider; or

                             (ii)  the Commonwealth Government, or the government of a State or Territory; or

                            (iii)  the government of a foreign country; or

                            (iv)  a multilateral agency; or

                             (v)  a provincial or state government in a foreign country, provided with the written support of the government of that country; or

                            (vi)  an organisation specified by the Minister in an instrument in writing for this subparagraph; or

                           (vii)  an acceptable non‑profit organisation;

                     (c)  a loan from a financial institution that is made to, and held in the name of, an acceptable individual;

                     (d)  a loan from the government of the applicant’s home country.

5A706  Other requirements

                   The applicant must give evidence that he or she has successfully completed secondary schooling to the year 12 level (or its equivalent).

Division 3Requirements for assessment level 3

5A707  English language proficiency

                   The applicant must give evidence that one of the following applies:

                     (a)  the applicant:

                              (i)  will not undertake an ELICOS before commencing his or her principal course; and

                             (ii)  achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 5.5;

                     (b)  the applicant:

                              (i)  will undertake an ELICOS of no more than 30 weeks duration before commencing his or her principal course; and

                             (ii)  achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 4.5;

                     (c)  the applicant:

                              (i)  is fully funded; and

                             (ii)  has a level of English language proficiency that satisfies his or her proposed education provider; and

                            (iii)  if the applicant is to undertake an ELICOS before commencing his or her principal course—will undertake an ELICOS of no more than 30 weeks duration;

                     (d)  the applicant had, less than 2 years before the date of the application:

                              (i)  successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that was conducted:

                                        (A)  in Australia; and

                                        (B)  in English; or

                             (ii)  successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that:

                                        (A)  is specified by the Minister in an instrument in writing for this sub‑subparagraph; and

                                        (B)  was conducted outside Australia; and

                                        (C)  was conducted in English; or

                            (iii)  as the holder of a student visa—successfully completed a substantial part of a course (other than a foundation course) that:

                                        (A)  was conducted in English; and

                                        (B)  was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or

                            (iv)  successfully completed a substantial part of a course that:

                                        (A)  is specified by the Minister in an instrument in writing for this sub‑subparagraph; and

                                        (B)  was conducted outside Australia; and

                                        (C)  was conducted in English; and

                                        (D)  was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or

                             (v)  successfully completed a foundation course that was conducted:

                                        (A)  in Australia; and

                                        (B)  in English; or

                            (vi)  successfully completed a course in foundation studies that:

                                        (A)  is specified by the Minister in an instrument in writing for this sub‑subparagraph; and

                                        (B)  was conducted outside Australia; and

                                        (C)  was conducted in English;

                     (e)  the applicant achieved, less than 2 years before the date of the application, the required score in a test that is specified in a Gazette Notice under clause 5A102;

                      (f)  the applicant has:

                              (i)  a level of English language proficiency that satisfies the applicant’s proposed education provider; and

                             (ii)  at least 5 years of study in English undertaken in 1 or more of the following countries:

                                        (A)  Australia;

                                        (B)  Canada;

                                        (C)  New Zealand;

                                        (D)  South Africa;

                                         (E)  the Republic of Ireland;

                                         (F)  the United Kingdom;

                                        (G)  the United States of America.

5A708  Financial capacity

             (1)  The applicant must give, in accordance with this clause:

                     (a)  evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the first 18 months:

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

                    (aa)  a declaration by the applicant stating that he or she has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the first 18 months; and

                     (b)  evidence that the applicant has funds from an acceptable source that are sufficient to meet travel costs; and

                     (c)  evidence that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.

          (1A)  If the applicant is:

                     (a)  fully funded; or

                     (b)  an applicant:

                              (i)  who is not funded, wholly or partly, by:

                                        (A)  the Commonwealth Government, or the government of a State or Territory; or

                                        (B)  the government of a foreign country; or

                                        (C)  a multilateral agency; and

                             (ii)  who proposes to undertake a course of study that is, or courses of study that are together, of a duration of less than 12 months; and

                            (iii)  for whom, if applying in Australia, the proposed period of stay will result in the applicant’s total period of lawful stay in Australia being less than 12 months; or

                     (c)  the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, will be met by:

                              (i)  a provincial or state government in a foreign country, with the written support of the government of that country; or

                             (ii)  an organisation specified by the Minister in a Gazette Notice for this paragraph;

the applicant must give evidence that the applicant has access to funds that are sufficient to support each member of the applicant’s family unit who is not a family applicant.

             (2)  In this clause:

financial support, from an applicant’s proposed education provider, means:

                     (a)  a scholarship that:

                              (i)  is awarded on the basis of merit and an open selection process; and

                             (ii)  is awarded to a student who is enrolled in a course leading to a Certificate IV qualification or a higher qualification; and

                            (iii)  is awarded to the greater of:

                                        (A)  not more than 10% of overseas students in a course intake; and

                                        (B)  not more than 3 overseas students in a course intake; or

                     (b)  a waiver of the applicant’s course fees carried out in the following circumstances:

                              (i)  the applicant is part of an exchange program that involves:

                                        (A)  a formal agreement between an education provider and an education institution in a foreign country; and

                                        (B)  the reciprocal waiver of course fees as part of that agreement;

                             (ii)  the applicant proposes to study full‑time;

                            (iii)  the applicant’s proposed studies will be credited to a course undertaken by the applicant in the applicant’s home country.

funds from an acceptable source means one or more of the following:

                     (a)  a money deposit that the applicant, or an individual who is providing support to the applicant, has held for at least the 3 months immediately before the date of the application;

                     (b)  a loan from a financial institution made to, and held in the name of, the applicant or an individual who is providing support to the applicant;

                     (c)  a loan from the government of the applicant’s home country;

                     (d)  financial support from:

                              (i)  the applicant’s proposed education provider; or

                             (ii)  the Commonwealth Government, or the government of a State or Territory; or

                            (iii)  the government of a foreign country; or

                            (iv)  a corporation that:

                                        (A)  conducts commercial activities outside the country in which it is based; and

                                        (B)  employs the applicant in a role in relation to which the applicant’s principal course is of direct relevance; or

                             (v)  a multilateral agency; or

                            (vi)  a provincial or state government in a foreign country, provided with the written support of the government of that country; or

                           (vii)  an organisation specified by the Minister in an instrument in writing for this subparagraph; or

                          (viii)  an acceptable non‑profit organisation.

5A709  Other requirements

                   The applicant must give evidence that he or she has successfully completed secondary schooling to the year 11 level (or its equivalent).

Division 4Requirements for assessment level 2

5A710  English language proficiency

                   The applicant must give evidence that he or she has a level of English language proficiency that satisfies his or her proposed education provider.

5A711  Financial capacity

             (1)  The applicant must give, in accordance with this clause:

                     (a)  evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the first 12 months:

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

                     (b)  evidence that the applicant has funds from an acceptable source that are sufficient to meet travel costs; and

                     (c)  a declaration by the applicant stating that he or she has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the first 12 months.

          (1A)  If the applicant is:

                     (a)  fully funded; or

                     (b)  the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, will be met by:

                              (i)  a provincial or state government in a foreign country, with the written support of the government of that country; or

                             (ii)  an organisation specified by the Minister in a Gazette Notice for this paragraph;

the applicant must give evidence that the applicant has access to funds that are sufficient to support each member of the applicant’s family unit who is not a family applicant.

             (2)  In this clause, funds from an acceptable source does not include the value of an item of property.

Division 5Requirements for assessment level 1

5A712  English language proficiency

                   The applicant must give evidence that he or she has a level of English language proficiency that satisfies his or her proposed education provider.

5A713  Financial capacity

                   The applicant must give a declaration stating that the applicant has access to funds that are sufficient to meet:

                     (a)  the following expenses for the full period:

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

                     (b)  travel costs.

Part 8Subclass 576 (AusAID or Defence Sector)

Division 1Requirements for assessment level 5

5A801  English language proficiency

                   The applicant must give evidence that the applicant achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 7.0.

5A802  Financial capacity

                   The applicant must give evidence, in accordance with this clause, that:

                     (a)  the applicant has funds that are sufficient to meet the following expenses for the full period:

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

                     (b)  the applicant has funds that are sufficient to meet travel costs; and

                     (c)  the funds have been held by the applicant in money deposits for at least the 5 years immediately before the date of the application (the accumulation day); and

                     (d)  the applicant’s income before the accumulation day was sufficient to accumulate the funds.

5A803  Other requirements

                   The applicant must give evidence:

                     (a)  that he or she is:

                              (i)  a person who has the support of the AusAID Minister; or

                             (ii)  a person who has the support of the Defence Minister; and

                     (b)  of the expected duration of the applicant’s study or training in Australia.

Division 2Requirements for assessment level 2

5A804  English language proficiency

                   The applicant must give evidence that he or she has a level of English language proficiency that satisfies his or her proposed education provider or training organisation.

5A805  Financial capacity

             (1)  Subject to subclause (2), if the applicant has the support of the AusAID Minister or the Defence Minister, the applicant must give evidence of that fact.

             (2)  If required to do so in writing by the Minister, the applicant must also give, in accordance with this clause:

                     (a)  evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the first 12 months:

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

                     (b)  evidence that the applicant has funds from an acceptable source that are sufficient to meet travel costs; and

                     (c)  a declaration by the applicant stating that he or she has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the first 12 months; and

                     (d)  the applicant has access to funds that are sufficient to support each member of the applicant’s family unit who is not a family applicant.

             (3)  In this clause, funds from an acceptable source means one or more of the following:

                     (a)  a money deposit or the value of an item of property held by the applicant or by a person who is providing support to the applicant;

                     (b)  a loan from a financial institution;

                     (c)  a loan from the government of the applicant’s home country;

                     (d)  financial support (such as a scholarship) from:

                              (i)  the government of a foreign country; or

                             (ii)  the Commonwealth Government, or the government of a State or Territory; or

                            (iii)  a business; or

                            (iv)  a multilateral agency;

                     (e)  support from the AusAID Minister or the Defence Minister.

5A806  Other requirements

                   The applicant must give evidence:

                     (a)  that he or she is:

                              (i)  a person who has the support of the AusAID Minister; or

                             (ii)  a person who has the support of the Defence Minister; and

                     (b)  of the expected duration of the applicant’s study or training in Australia.

Schedule 5BEvidentiary requirements for student visas—secondary applicants

(Schedule 2, clauses 570.332, 571.332, 572.332, 573.332, 574.332, 575.332 and 576.333)

Part 1Preliminary

  

5B101  Definitions

                   In this Schedule:

acceptable non‑profit organisation means an organisation that:

                     (a)  operates on a non‑profit basis; and

                     (b)  is actively and lawfully operating in Australia or overseas; and

                     (c)  has funds that are, or an income that is, sufficient to provide the financial support it proposes to provide.

course fees, for an applicant in relation to a period, means the fees for each course proposed to be undertaken by the primary person in the period, as indicated by the proposed education provider in a letter or other document.

family applicant means a member of the primary person’s family unit who is a visa applicant seeking to satisfy secondary criteria in relation to the primary person.

financial institution means a body corporate that, as part of its normal activities:

                     (a)  takes money on deposit and makes advances of money; and

                     (b)  does so under a regulatory regime, governed by the central bank (or its equivalent) of the country in which it operates, that the Minister is satisfied provides effective prudential assurance.

financial support, from the education provider or proposed education provider of a primary person who is the holder of a Subclass 570, 572, 573, 574 or 575 visa, means:

                     (a)  a scholarship awarded to the primary person that:

                              (i)  is awarded on the basis of merit and an open selection process; and

                             (ii)  is awarded to the primary person as a student who is enrolled in a course leading to a Certificate IV qualification or a higher qualification; and

                            (iii)  is awarded to the greater of:

                                        (A)  not more than 10% of overseas students in a course intake; and

                                        (B)  not more than 3 overseas students in a course intake; or

                     (b)  a waiver of the primary person’s course fees carried out in the following circumstances:

                              (i)  the primary person is part of an exchange program that involves:

                                        (A)  a formal agreement between an education provider and an education institution in a foreign country; and

                                        (B)  the reciprocal waiver of course fees as part of that agreement;

                             (ii)  the primary person is studying, or proposes to study, full‑time;

                            (iii)  the primary person’s proposed studies will be credited to a course undertaken by the primary person in the primary person’s home country.

first 12 months, for an applicant, means the period that:

                     (a)  begins:

                              (i)  if the application is made outside Australia—on the day of the applicant’s expected arrival in Australia; or

                             (ii)  if the application is made in Australia—on the day that the student visa is expected to be granted to the applicant; and

                     (b)  ends on the earlier of the following:

                              (i)  the day 12 months after the beginning of the period;

                             (ii)  the last day of the applicant’s proposed stay in Australia.

first 18 months, for an applicant, means the period that:

                     (a)  begins:

                              (i)  if the application is made outside Australia—on the day of the applicant’s expected arrival in Australia; or

                             (ii)  if the application is made in Australia—on the day that the student visa is expected to be granted to the applicant; and

                     (b)  ends on the earlier of the following:

                              (i)  the day 18 months after the beginning of the period;

                             (ii)  the last day of the applicant’s proposed stay in Australia.

first 24 months, for an applicant, means the period that:

                     (a)  begins:

                              (i)  if the application is made outside Australia—on the day of the applicant’s expected arrival in Australia; or

                             (ii)  if the application is made in Australia—on the day that the student visa is expected to be granted to the applicant; and

                     (b)  ends on the earlier of the following:

                              (i)  the day 24 months after the beginning of the period;

                             (ii)  the last day of the applicant’s proposed stay in Australia.

initial period, for an applicant, means the period that:

                     (a)  begins:

                              (i)  if the application is made outside Australia—on the day of the applicant’s expected arrival in Australia; or

                             (ii)  if the application is made in Australia—on the day that the student visa is expected to be granted to the applicant; and

                     (b)  ends on the earlier of the following:

                              (i)  the day 12 months after the expected commencement date of the primary person’s principal course;

                             (ii)  the last day of the applicant’s proposed stay in Australia.

living costs has the meaning given by subclause 5B102(1).

money deposit means a money deposit with a financial institution.

primary person means the holder of a student visa that was granted on the basis of the holder meeting the primary criteria for the student visa.

school costs has the meaning given by subclause 5B102(2).

travel costs, for an applicant, means the sum of costs for each of the applicant, any family applicant, the primary person and any member of the primary person’s family unit who is the holder of a student visa:

                     (a)  if the applicant, family applicant, primary person or member of the primary person’s family unit is not in Australia when the application is made—of travelling to Australia; and

                     (b)  of returning to that person’s home country at the end of his or her stay.

Note:          foreign country is defined in paragraph 22(1)(f) of the Acts Interpretation Act 1901 as any country (whether or not an independent sovereign state) outside Australia and the external Territories.

5B102  Meaning of living costs and school costs

             (1)  An applicant’s living costs for a period are taken to accrue at the sum of the following rates:

                     (a)  for the primary person—an amount specified by the Minister in an instrument in writing for this paragraph (the basic rate);

                     (b)  if the primary person has a spouse or de facto partner who is a family applicant or the holder of a student visa—35% of the basic rate;

                     (c)  if the primary person has a dependent child who is a family applicant or the holder of a student visa—20% of the basic rate;

                     (d)  if the primary person has any further dependent child who is a family applicant or the holder of a student visa—15% of the basic rate for each such child.

             (2)  An applicant’s school costs are taken to accrue at the sum of the following rates:

                     (a)  if the applicant is a school‑age dependant—$8 000 per year;

                     (b)  for each child who is:

                              (i)  a school‑age dependant at the time; and

                             (ii)  a family applicant or the holder of a student visa;

                            $8 000 per year.

5B103  Declarations

                   In this Schedule, a requirement that an applicant give a declaration of a matter is taken, for a person who is less than 18 years old, to be a requirement that:

                     (a)  a parent of the applicant; or

                     (b)  a person having custody of the applicant;

give the declaration on the applicant’s behalf.

Part 2Evidentiary requirements for assessment level 4

5B201  Requirements for assessment level 4 (Subclass 570, 571, 572, 573 or 575 visa)

             (1)  This clause applies if a primary person:

                     (a)  is the holder of a Subclass 570, 571, 572, 573 or 575 visa; and

                     (b)  was subject to assessment level 4 at the time of the decision to grant the visa.

             (2)  The applicant must give:

                     (a)  evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the first 24 months:

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

                     (b)  evidence that the applicant has funds from an acceptable source that are sufficient to meet travel costs; and

                     (c)  evidence that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual; and

                     (d)  a declaration stating that the applicant has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the first 24 months.

             (3)  In this clause:

acceptable individual means one or more of the following:

                     (a)  the primary person;

                     (b)  the primary person’s spouse or de facto partner;

                     (c)  the primary person’s parents;

                     (d)  the primary person’s grandparents;

                     (e)  the primary person’s brothers and sisters;

                      (f)  an uncle or aunt of the primary person who is:

                              (i)  an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and

                             (ii)  usually resident in Australia.

funds from an acceptable source means one or more of the following:

                     (a)  a money deposit that an acceptable individual has held for at least the 3 months immediately before the date of the application;

                     (b)  a loan from a financial institution that is made to, and held in the name of, an acceptable individual;

                     (c)  a loan from the government of the primary person’s home country;

                     (d)  financial support from:

                              (i)  the primary person’s education provider or proposed education provider; or

                             (ii)  the Commonwealth Government, or the government of a State or Territory; or

                            (iii)  the government of a foreign country; or

                            (iv)  unless the primary person holds a Subclass 570 (Independent ELICOS Sector) visa—a corporation that:

                                        (A)  conducts commercial activities outside the country in which it is based; and

                                        (B)  employs the primary person in a role in relation to which the primary person’s principal course is of direct relevance; or

                             (v)  a multilateral agency; or

                            (vi)  a provincial or state government in a foreign country, provided with the written support of the government of that country; or

                           (vii)  an organisation specified by the Minister in an instrument in writing for this subparagraph; or

                          (viii)  an acceptable non‑profit organisation.

5B202  Requirements for assessment level 4 (Subclass 574 visa)

             (1)  This clause applies if a primary person:

                     (a)  is the holder of a Subclass 574 visa; and

                     (b)  was subject to assessment level 4 at the time of the decision to grant the visa.

             (2)  The applicant must give:

                     (a)  evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the initial period:

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

                     (b)  evidence that the applicant has funds from an acceptable source that are sufficient to meet travel costs; and

                     (c)  evidence that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual; and

                     (d)  a declaration stating that the applicant has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the initial period.

             (3)  In this clause:

acceptable individual means one or more of the following:

                     (a)  the primary person;

                     (b)  the primary person’s spouse or de facto partner;

                     (c)  the primary person’s parents;

                     (d)  the primary person’s grandparents;

                     (e)  the primary person’s brothers and sisters;

                      (f)  an uncle or aunt of the primary person who is:

                              (i)  an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and

                             (ii)  usually resident in Australia.

funds from an acceptable source means one or more of the following:

                     (a)  a money deposit that an acceptable individual has held for at least the 3 months immediately before the date of the application;

                     (b)  a loan from a financial institution that is made to, and held in the name of, an acceptable individual;

                     (c)  a loan from the government of the primary person’s home country;

                     (d)  financial support from:

                              (i)  the primary person’s education provider or proposed education provider; or

                             (ii)  the Commonwealth Government, or the government of a State or Territory; or

                            (iii)  the government of a foreign country; or

                            (iv)  a corporation that:

                                        (A)  conducts commercial activities outside the country in which it is based; and

                                        (B)  employs the primary person in a role in relation to which the primary person’s principal course is of direct relevance; or

                             (v)  a multilateral agency; or

                            (vi)  a provincial or state government in a foreign country, provided with the written support of the government of that country; or

                           (vii)  an organisation specified by the Minister in an instrument in writing for this subparagraph; or

                          (viii)  an acceptable non‑profit organisation.

Part 3Evidentiary requirements for assessment level 3

5B301  Requirements for assessment level 3 (Subclass 570, 571, 572, 573 or 575 visa)

             (1)  This clause applies if a primary person:

                     (a)  is the holder of a Subclass 570, 571, 572, 573 or 575 visa; and

                     (b)  was subject to assessment level 3 at the time of the decision to grant the visa.

             (2)  The applicant must give:

                     (a)  evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the first 18 months:

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

                     (b)  evidence that the applicant has funds from an acceptable source that are sufficient to meet travel costs; and

                     (c)  evidence that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual; and

                     (d)  a declaration stating that the applicant has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the first 18 months.

             (3)  In this clause:

funds from an acceptable source means one or more of the following:

                     (a)  a money deposit that the applicant, or an individual who is providing support to the applicant, has held for at least the 3 months immediately before the date of the application;

                     (b)  a loan from a financial institution that is made to, and held in the name of, the applicant or an individual who is providing support to the applicant;

                     (c)  a loan from the government of the primary person’s home country;

                     (d)  financial support from:

                              (i)  the primary person’s education provider or proposed education provider; or

                             (ii)  the Commonwealth Government, or the government of a State or Territory; or

                            (iii)  the government of a foreign country; or

                            (iv)  a corporation that:

                                        (A)  conducts commercial activities outside the country in which it is based; and

                                        (B)  employs the primary person in a role in relation to which the primary person’s principal course is of direct relevance; or

                             (v)  a multilateral agency; or

                            (vi)  a provincial or state government in a foreign country, provided with the written support of the government of that country; or

                           (vii)  an organisation specified by the Minister in an instrument in writing for this subparagraph; or

                          (viii)  an acceptable non‑profit organisation.

5B302  Requirements for assessment level 3 (Subclass 574 visa)

             (1)  This clause applies if a primary person:

                     (a)  is the holder of a Subclass 574 visa; and

                     (b)  was subject to assessment level 3 at the time of the decision to grant the visa.

             (2)  The applicant must give:

                     (a)  evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the initial period:

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

                     (b)  evidence that the applicant has funds from an acceptable source that are sufficient to meet travel costs; and

                     (c)  evidence that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual; and

                     (d)  a declaration stating that the applicant has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the initial period.

             (3)  In this clause:

funds from an acceptable source means one or more of the following:

                     (a)  a money deposit held by the applicant, or an individual who is providing support to the applicant;

                     (b)  a loan from a financial institution that is made to, and held in the name of, the applicant or an individual who is providing support to the applicant;

                     (c)  a loan from the government of the primary person’s home country;

                     (d)  financial support from:

                              (i)  the primary person’s education provider or proposed education provider; or

                             (ii)  the Commonwealth Government, or the government of a State or Territory; or

                            (iii)  the government of a foreign country; or

                            (iv)  a corporation that:

                                        (A)  conducts commercial activities outside the country in which it is based; and

                                        (B)  employs the primary person in a role in relation to which the primary person’s principal course is of direct relevance; or

                             (v)  a multilateral agency; or

                            (vi)  a provincial or state government in a foreign country, provided with the written support of the government of that country; or

                           (vii)  an organisation specified by the Minister in an instrument in writing for this subparagraph; or

                          (viii)  an acceptable non‑profit organisation.

Part 4Evidentiary requirements for assessment level 2

5B401  Requirements for assessment level 2

             (1)  This clause applies if a primary person:

                     (a)  is the holder of a student visa; and

                     (b)  was subject to assessment level 2 at the time of the decision to grant the visa.

             (2)  The applicant must give:

                     (a)  evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the first 12 months:

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

                     (b)  evidence that the applicant has funds from an acceptable source that are sufficient to meet travel costs; and

                     (c)  a declaration stating that the applicant has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of the applicant’s proposed stay in Australia after the first 12 months.

             (3)  In this clause, funds from an acceptable source does not include the value of an item of property.

 

Schedule 6DGeneral points test for General Skilled Migration visas mentioned in subregulation 2.26AC(1)

(regulation 2.26AC)

Part 6D.1Age qualifications

 

Item

At the time of invitation to apply for the visa, the applicant’s age was ...

Number of points

6D11

not less than 18 and under 25

25

6D12

not less than 25 and under 33

30

6D13

not less than 33 and under 40

25

6D14

not less than 40 and under 45

15

Part 6D.2English language qualifications

 

Item

At the time of invitation to apply for the visa, the applicant had ...

Number of points

6D21

superior English

20

6D22

proficient English

10

Part 6D.3Overseas employment experience qualifications

 

Item

At the time of invitation to apply for the visa, the applicant ...

Number of points

6D31

had been employed outside Australia in:

(a) the applicant’s nominated skilled occupation; or

(b) a closely related skilled occupation;

for a period totalling at least 36 months in the 10 years immediately before that time

5

6D32

had been employed outside Australia in:

(a) the applicant’s nominated skilled occupation; or

(b) a closely related skilled occupation;

for a period totalling at least 60 months in the 10 years immediately before that time

10

6D33

had been employed outside Australia in:

(a) the applicant’s nominated skilled occupation; or

(b) a closely related skilled occupation;

for a period totalling at least 96 months in the 10 years immediately before that time

15

Part 6D.4Australian employment experience qualifications

 

Item

At the time of invitation to apply for the visa, the applicant ...

Number of points

6D41

had been employed in Australia in:

(a) the applicant’s nominated skilled occupation; or

(b) a closely related skilled occupation;

for a period totalling at least 12 months in the 10 years immediately before that time

5

6D42

had been employed in Australia in:

(a) the applicant’s nominated skilled occupation; or

(b) a closely related skilled occupation;

for a period totalling at least 36 months in the 10 years immediately before that time

10

6D43

had been employed in Australia in:

(a) the applicant’s nominated skilled occupation; or

(b) a closely related skilled occupation;

for a period totalling at least 60 months in the 10 years immediately before that time

15

6D44

had been employed in Australia in:

(a) the applicant’s nominated skilled occupation; or

(b) a closely related skilled occupation;

for a period totalling at least 96 months in the 10 years immediately before that time

20

Part 6D.5Aggregating points for employment experience qualifications

6D51    (1)  If an applicant has a qualification mentioned in Part 6D.3 and a qualification mentioned in Part 6D.4, and the combined number of points that would be awarded under those Parts for the qualifications is more than 20 points:

                     (a)  the Minister must give the applicant 20 points under this Part for the qualifications; and

                     (b)  no points are given under Part 6D.3 or 6D.4.

             (2)  The prescribed number of points for the combination of qualifications is 20.

Part 6D.6Australian professional year qualifications

 

Item

At the time of invitation to apply for the visa, the applicant had completed ...

Number of points

6D61

a professional year in Australia in:

(a) the applicant’s nominated skilled occupation; or

(b) a closely related skilled occupation;

for a period totalling at least 12 months in the 48 months immediately before that time

5

Part 6D.7Educational qualifications

 

Item

At the time of invitation to apply for the visa, the applicant had ...

Number of points

6D71

met the requirements for:

(a) the award of a doctorate by an Australian educational institution; or

(b) the award of a doctorate, by another educational institution, that is of a recognised standard

20

6D72

met the requirements for:

(a) the award of at least a bachelor degree by an Australian educational institution; or

(b) the award of at least a bachelor qualification by another educational institution, that is of a recognised standard

15

6D73

met the requirements for the award of a diploma by an Australian educational institution

10

6D74

met the requirements for the award of a trade qualification by an Australian educational institution

10

6D75

attained a qualification or award recognised by the relevant assessing authority for the applicant’s nominated skilled occupation as being suitable for the occupation

10

Part 6D.8Australian study qualifications

 

Item

At the time of invitation to apply for the visa ...

Number of points

6D81

the applicant met the Australian study requirement

5

Part 6D.9Credentialled community language qualifications

 

Item

At the time of invitation to apply for the visa, the applicant had ...

Number of points

6D91

a qualification in a particular language:

(a) awarded or accredited by a body specified by the Minister in an instrument in writing for this item; and

(b) at a standard for the language specified in the instrument

5

Part 6D.10Study in regional Australia or a low‑population growth metropolitan area qualifications

 

Item

At the time of invitation to apply for the visa ...

Number of points

6D101

each of the following applied:

(a) the applicant met the Australian study requirement;

(b) the location of the campus or campuses at which that study was undertaken is specified by the Minister in an instrument in writing for this item;

(c) while the applicant undertook the course of study the applicant lived in a part of Australia the postcode of which is specified by the Minister in an instrument in writing for this item;

(d) none of the study undertaken constituted distance education

5

Part 6D.11Partner skill qualifications

 

Item

Qualification

Number of points

6D111

The spouse or de facto partner of the applicant (the primary applicant):

(a) is an applicant for the same subclass of visa as the primary applicant; and

(b) is not an Australian permanent resident or an Australian citizen; and

(c) was under 50 at the time the invitation to apply for the visa was issued to the primary applicant; and

(d) at the time of invitation to apply for the visa, nominated a skilled occupation, being an occupation specified by the Minister under paragraph 1.15I(1)(a) at that time; and

(e) at the time of invitation to apply for the visa, had been assessed by the relevant assessing authority for the nominated skilled occupation as having suitable skills for the occupation and the assessment was not for a Subclass 485 (Temporary Graduate) visa; and

(f) at the time of invitation to apply for the visa, had competent English

5

Part 6D.12State or Territory nomination qualifications

 

Item

Qualification

Number of points

6D121

The applicant has been invited to apply for a Subclass 190 (Skilled—Nominated) visa, and the nominating State or Territory government agency has not withdrawn the nomination

5

Part 6D.13Designated area sponsorship qualifications

 

Item

Qualification

Number of points

6D131

The applicant has been invited to apply for a Subclass 489 (Skilled—Regional) (Provisional) visa, and:

(a) the nominating State or Territory government agency has not withdrawn the nomination; or

(b) if the applicant is sponsored by a family member, the Minister has accepted the sponsorship

10

Schedule 7ABusiness innovation and investment points test—attributes and points (Business Skills (Provisional) (Class EB) visas)

(regulation 1.03)

Part 7A.1Definitions

                   In this Schedule:

degree has the meaning given by subregulation 2.26AC(6).

diploma has the meaning given by subregulation 2.26AC(6).

trade qualification has the meaning given by subregulation 2.26AC (6).

Part 7A.2Age qualifications

 

Item

At the time of invitation to apply for the visa, the applicant was ...

Number of points

 

7A21

not less than 18 and under 25

20

7A22

not less than 25 and under 33

30

7A23

not less than 33 and under 40

25

7A24

not less than 40 and under 45

20

7A25

not less than 45 and under 55

15

Part 7A.3English language qualifications

 

Item

At the time of invitation to apply for the visa, the applicant had ...

Number of points

 

7A31

vocational English

5

7A32

proficient English

10

Note:       Points are accumulated under item 7A31 or 7A32, not both.

Part 7A.4Educational qualifications

 

Item

At the time of invitation to apply for the visa, the applicant had ...

Number of points

 

7A41

met the requirements for:

(a) the award of a trade qualification, diploma or bachelor degree by an Australian educational institution; or

(b) the award of a bachelor qualification by an educational institution that is of a recognised standard

5

7A42

met the requirements for:

(a) the award of a bachelor degree in business, science or technology by an Australian educational institution; or

(b) the award of a bachelor qualification in business, science or technology by an educational institution that is of a recognised standard

10

Note:       Points are accumulated under item 7A41 or 7A42, not both.

Part 7A.5Business experience qualifications—Business Innovation stream only

 

Item

The applicant has held one or more main businesses for ...

Number of points

 

7A51

not less than 4 years in the 5 years immediately before the time of invitation to apply for the visa

10

7A52

not less than 7 years in the 8 years immediately before the time of invitation to apply for the visa

15

Note:       Points are accumulated under item 7A51 or 7A52, not both.

Part 7A.6Investor experience qualifications—Investor stream only

 

Item

The applicant ...

Number of points

 

7A61

held eligible investments which had a value of not less than AUD100 000 for not less than 4 years immediately before the time of invitation to apply for the visa

10

7A62

held eligible investments which had a value of not less than AUD100 000 for not less than 7 years immediately before the time of invitation to apply for the visa

15

Note:       Points are accumulated under item 7A61 or 7A62, not both.

Part 7A.7Financial asset qualifications

 

Item

The net value of the business and personal assets of the applicant, the applicant’s spouse or de facto partner, or the applicant and his or her spouse or de facto partner together, was ...

Number of points

 

7A71

not less than AUD800 000 in each of the 2 fiscal years immediately before the time of invitation to apply for the visa

5

7A72

not less than AUD1 300 000 in each of the 2 fiscal years immediately before the time of invitation to apply for the visa

15

7A73

not less than AUD1 800 000 in each of the 2 fiscal years immediately before the time of invitation to apply for the visa

25

7A74

not less than AUD2 250 000 in each of the 2 fiscal years immediately before the time of invitation to apply for the visa

35

Note:       Points are accumulated under one item in Part 7A.7, not more than one.

Part 7A.8Business turnover qualifications

 

Item

The applicant had an ownership interest in one or more main businesses that had an annual turnover of ...

Number of points

 

7A81

not less than AUD500 000 in at least 2 of the 4 fiscal years immediately before the time of invitation to apply for the visa

5

7A82

not less than AUD1 000 000 in at least 2 of the 4 fiscal years immediately before the time of invitation to apply for the visa

15

7A83

not less than AUD1 500 000 in at least 2 of the 4 fiscal years immediately before the time of invitation to apply for the visa

25

7A84

not less than AUD2 000 000 in at least 2 of the 4 fiscal years immediately before the time of invitation to apply for the visa

35

Note:       Points are accumulated under one item in Part 7A.8, not more than one.

Part 7A.9Business innovation qualifications

 

Item

At the time of invitation to apply for the visa ...

Number of points

7A91

the applicant, or a main business of the applicant, had either or both of the following:

(a) one or more patents that:

(i) were registered not less than 1 year before that time; and

(ii) were used in the day to day activities of the main business;

(b) one or more registered designs that:

(i) were registered not less than 1 year before that time; and

(ii) were used in the day to day activities of the main business

15

7A92

the applicant, or a main business of the applicant, had one or more registered trade marks that:

(a) were registered not less than 1 year before that time; and

(b) were used in the day to day activities of the main business

10

7A93

each of the following applied:

(a) at least one main business in which the applicant held an ownership interest operated in accordance with a formal joint venture agreement entered into with another business or businesses;

(b) the joint venture agreement had been entered into not less than 1 year before the time of invitation to apply for the visa;

(c) the applicant utilised his or her skills in actively participating at a senior level in the day to day management of the business

5

7A94

at least one main business held by the applicant derived not less than 50% of its annual turnover from export trade in at least 2 of the 4 fiscal years immediately before that time

15

7A95

the applicant had an ownership interest in at least one main business that:

(a) was established not more than 5 years before that time; and

(b) had an average annualised growth in turnover that was greater than 20% per annum over 3 continuous fiscal years; and

(c) in at least one of the 3 fiscal years mentioned in paragraph (b) employed 10 or more employees for a total number of hours that was at least the total number of hours that would have been worked by 10 full‑time employees

10

7A96

the applicant, or at least one main business in which the applicant held an ownership interest:

(a) had received a grant that:

(i) was awarded for the p