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Migration Regulations 1994

Authoritative Version
  • - F2014C00932
  • In force - Superseded Version
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SR 1994 No. 268 Regulations as amended, taking into account amendments up to Migration Amendment (Credit Card Surcharge Additional Measures) Regulation 2014
Principal Regulations
Administered by: Immigration and Border Protection
General Comments: Takes into account disallowance of SLI No. 64, 2014.
Registered 18 Jul 2014
Start Date 16 Jul 2014
End Date 24 Sep 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:                     16 July 2014

Includes amendments up to:             SLI No. 99, 2014

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 1 July 2014. It includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 17 July 2014.

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 2—Provisions with respect to the grant of Subclasses of visas 1

Subclass 416—Special Program                                                                                    1

Subclass 417—Working Holiday                                                                                  9

Subclass 420—Temporary Work (Entertainment)                                         14

Subclass 444—Special Category                                                                                 20

Subclass 445—Dependent Child                                                                                 22

Subclass 449—Humanitarian Stay (Temporary)                                              28

Subclass 457—Temporary Work (Skilled)                                                           32

Subclass 461—New Zealand Citizen Family Relationship (Temporary) 43

Subclass 462—Work and Holiday                                                                             48

Subclass 476—Skilled—Recognised Graduate                                                  53

Subclass 485—Temporary Graduate                                                                      58

Subclass 488—Superyacht Crew                                                                                65

Subclass 489—Skilled—Regional (Provisional)                                                 68

Subclass 570—Independent ELICOS Sector                                                      78

Subclass 571—Schools Sector                                                                                     100

Subclass 572—Vocational Education and Training Sector                      120

Subclass 573—Higher Education Sector                                                              142

Subclass 574Postgraduate Research Sector                                                  166

Subclass 575Non‑Award Sector                                                                           190

Subclass 576—Foreign Affairs or Defence Sector                                         213

Subclass 580—Student Guardian                                                                            227

Subclass 600—Visitor                                                                                                      245

Subclass 601—Electronic Travel Authority                                                       255

Subclass 602—Medical Treatment                                                                          258

Subclass 651—eVisitor                                                                                                    268

Subclass 676—Tourist                                                                                                     270

Subclass 771—Transit                                                                                                     276

Subclass 773—Border                                                                                                     279

Subclass 786—Temporary (Humanitarian Concern)                                  289

Subclass 800—Territorial Asylum                                                                           292

Subclass 801—Partner                                                                                                    295

 

 


Schedule 2Provisions with respect to the grant of Subclasses of visas

Subclass 416Special Program

416.1—Interpretation

Note:          No interpretation provisions specific to this Part.

416.2—Primary criteria

Note:          The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.

416.21—Criteria to be satisfied at time of application

Note:          If the applicant is outside Australia at time of application, there are no criteria to be satisfied at time of application.

416.211 

                   If the applicant is in the migration zone at the time of application:

                     (a)  the applicant holds a substantive visa, other than a Subclass 771 (Transit) visa or a special purpose visa; or

                     (b)  if the applicant does not hold a substantive visa at the time of application:

                              (i)  the last substantive visa held by the applicant was not a Subclass 771 visa or a special purpose visa; and

                             (ii)  the applicant satisfies Schedule 3 criteria 3003, 3004 and 3005.

416.22—Criteria to be satisfied at time of decision

416.222 

                   The Minister is satisfied that:

                     (a)  the applicant seeks to enter or remain in Australia to participate in an approved special program (other than a special program of seasonal work) conducted by the special program sponsor in relation to the applicant; or

                     (d)  the applicant seeks to enter Australia to participate in a special program of seasonal work conducted by the special program sponsor in relation to the applicant.

416.222A 

                   The Minister is satisfied that:

                     (a)  a special program sponsor has agreed in writing to be the special program sponsor in relation to the applicant; and

                     (b)  the special program sponsor is not barred from sponsoring the applicant under paragraph 140M(1)(c) of the Act; and

                     (c)  either:

                              (i)  there is no adverse information known to Immigration about the special program sponsor mentioned in paragraph (a) or a person associated with that special program sponsor; or

                             (ii)  it is reasonable to disregard any adverse information known to Immigration about the special program sponsor mentioned in paragraph (a) or a person associated with that special program sponsor.

416.222B 

                   The Minister is satisfied that the applicant genuinely intends to stay temporarily in Australia to carry out the activity mentioned in clause 416.222.

416.222C 

                   The Minister is satisfied that the applicant has:

                     (a)  adequate means to support himself or herself; or

                     (b)  access to adequate means to support himself or herself;

taking into account the applicant’s work rights during the period of the applicant’s intended stay in Australia.

416.223 

                   The applicant:

                     (a)  satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4012, 4013, 4014, 4020 and 4021; and

                     (b)  if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019; and

                     (c)  if the applicant has not turned 18—satisfies public interest criteria 4017 and 4018.

416.223A 

                   The applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

416.224 

                   The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.

416.225 

                   If the applicant was outside Australia at time of application and has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.

416.226 

                   If the applicant was in the migration zone at time of application, the applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa.

416.228 

             (1)  For all applications, if the applicant is a Foreign Affairs student or a Foreign Affairs recipient, the applicant has the support of the Foreign Minister for the grant of the visa.

             (2)  The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:

                     (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.

416.3—Secondary criteria

Note:          The secondary criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.

416.31—Criteria to be satisfied at time of application

416.311 

                   Both of the following:

                     (a)  the applicant is a member of the family unit of a person who has applied for a Subclass 416 visa (the primary applicant);

                     (b)  the primary applicant is not seeking to satisfy the criterion in paragraph 416.222(d).

416.311A 

                   Subject to clause 416.311B, if paragraph 416.222(a) applies to the member of the family unit who satisfies the primary criteria, the Minister is satisfied that the special program sponsor of the member of the family unit who satisfies the primary criteria has agreed in writing to be the special program sponsor in relation to the applicant.

416.311B 

                   Clause 416.311A does not apply to an applicant who is a member of the family unit of the person who satisfies the primary criteria, and that person made his or her application before 14 September 2009.

416.312 

                   If the applicant is outside Australia at time of application and the application is made separately from that of the person who seeks to satisfy or has satisfied the primary criteria, that person is, or is expected soon to be, in Australia.

416.32—Criteria to be met at time of decision

416.321 

                   The applicant continues to be a member of the family unit of a person who:

                     (a)  having satisfied the primary criteria, is the holder of a Subclass 416 visa; but

                     (b)  was not granted the visa on the basis of satisfying the criterion in paragraph 416.222(d).

416.322 

                   The Minister is satisfied that the applicant has:

                     (a)  adequate means to support himself or herself; or

                     (b)  access to adequate means to support himself or herself;

taking into account the applicant’s work rights during the period of the applicant’s stay in Australia.

416.323 

                   The applicant:

                     (a)  in all cases, satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4012, 4013, 4014, 4020 and 4021; and

                     (b)  in the case of an applicant who seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010; and

                     (c)  in the case of an applicant who had turned 18 at the time of application, satisfies public interest criterion 4019; and

                     (d)  in the case of an applicant who has not turned 18—satisfies public interest criteria 4017 and 4018.

416.324 

                   If the applicant was outside Australia at time of application and has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.

416.324A 

                   If the applicant was in the migration zone at time of application, the applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa.

416.324B 

                   The applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

416.325 

             (1)  If the applicant is a Foreign Affairs student or a Foreign Affairs recipient, the applicant has the support of the Foreign Minister for the grant of the visa.

             (2)  The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:

                     (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.

416.326 

                   If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

416.4—Circumstances applicable to grant

416.411 

                   If the applicant satisfies the criterion in paragraph 416.222(d), the applicant must be outside Australia at the time of grant.

416.412 

                   In any other case:

                     (a)  if the applicant was in the migration zone at time of application, the applicant must be in the migration zone, but not in immigration clearance, at the time of grant; and

                     (b)  if the applicant was outside Australia at time of application, the applicant must be outside Australia at time of grant.

416.5—When visa is in effect

416.511 

                   Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.

416.6—Conditions

416.611 

             (1)  If the applicant satisfies the primary criteria, condition 8107 must be imposed.

             (2)  If the applicant satisfies the criterion in paragraph 416.222(d), conditions 8501 and 8503 must also be imposed.

416.611B 

                   If the applicant satisfies the primary or secondary criteria, condition 8501 must be imposed.

416.612 

                   Any 1 or more of conditions 8106, 8301, 8303, 8502, 8503, 8516, 8522, 8525 and 8526 may be imposed.

Subclass 417Working Holiday

417.1—Interpretation

417.111 

                   In this Part:

regional Australia means a place specified by the Minister in an instrument in writing for the definition of regional Australia in subitem 1225(5) of Schedule 1.

specified work means work of a kind specified by the Minister in an instrument in writing for the definition of specified work in subitem 1225(5) of Schedule 1.

working holiday eligible passport means a valid passport held by a person who is a member of a class of persons specified in an instrument in writing under subparagraph 1225(3)(b)(i) or (ii) of Schedule 1.

417.2—Primary criteria

Note:          All applicants must satisfy the primary criteria.

417.21—Criteria to be satisfied at time of application

417.211 

             (1)  The applicant satisfies the criteria in subclauses (2), (4) and (5).

             (2)  The applicant:

                     (b)  has turned 18 but has not turned 31; and

                     (c)  holds a working holiday eligible passport.

             (4)  The Minister is satisfied that the applicant:

                     (a)  seeks to enter or remain in Australia as a genuine visitor whose principal purpose is to spend a holiday in Australia; and

                     (b)  has sufficient money for:

                              (i)  the fare to the applicant’s intended overseas destination on leaving Australia; and

                             (ii)  personal support for the purposes of a working holiday; and

                     (c)  has a reasonable prospect of obtaining employment in Australia; and

                     (d)  will not be accompanied by dependent children during his or her stay in Australia.

             (5)  If the applicant is, or has previously been, in Australia as the holder of a Subclass 417 visa, the Minister is satisfied that the applicant has carried out specified work in regional Australia for a total period of at least 3 months as the holder of that visa.

417.22—Criteria to be satisfied at time of decision

417.221 

             (1)  The applicant satisfies the criteria in subclauses (2) to (7).

             (2)  The applicant:

                     (a)  continues to satisfy the criteria in paragraph 417.211(2)(c) and subclauses 417.211(4) and (5); and

                     (b)  satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4013, 4014, 4019 and 4020.

             (3)  If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.

             (4)  The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.

             (5)  Approval of the application would not result in either:

                     (a)  the number of Subclass 417 visas granted in a financial year exceeding the maximum number of Subclass 417 visas, as determined by an instrument in writing, that may be granted in that financial year; or

                     (b)  the number of visas of particular classes, including Subclass 417, granted in a financial year exceeding the maximum number of visas of those classes, as determined by an instrument in writing, that may be granted in that financial year.

             (6)  If the applicant is a Foreign Affairs student or a Foreign Affairs recipient, the applicant has the support of the Foreign Minister for the grant of the visa.

             (7)  The Minister may waive the requirements of subclause (6) if the Minister is satisfied that, in the particular case, waiver is justified by:

                     (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.

417.222 

                   If the applicant is, or has previously been, in Australia as the holder of a Subclass 417 visa:

                     (a)  the applicant has complied substantially with the conditions that applied to any visa held by the applicant; and

                     (b)  the applicant has not previously held more than 1 Subclass 417 visa in Australia.

417.3—Secondary criteria

Note:          All applicants must satisfy the primary criteria.

417.4—Circumstances applicable to grant

417.411 

                   If the applicant is not, and has not previously been, in Australia as the holder of a Subclass 417 visa granted at any time, the applicant must be outside Australia at the time of grant.

417.412 

                   If the applicant is, or has previously been, in Australia as the holder of a Subclass 417 visa:

                     (a)  if the applicant is in Australia at the time of application, the applicant must be in Australia at the time of grant; or

                     (b)  if the applicant is outside Australia at the time of application, the applicant must be outside Australia at the time of grant.

417.5—When visa is in effect

417.511 

             (1)  If the applicant is outside Australia at the time of grant—temporary visa permitting the holder:

                     (a)  to travel to and enter Australia within 12 months after the date of grant of the visa; and

                     (b)  to travel to, enter and remain in Australia until 12 months after the date of first entry to Australia.

             (2)  If:

                     (a)  the applicant is in Australia at the time of grant; and

                     (b)  the applicant holds a Subclass 417 visa at the time of application;

temporary visa permitting the holder to travel to, enter and remain in Australia until 12 months after the date that the visa mentioned in paragraph (b) would have otherwise ceased to be in effect.

             (3)  If:

                     (a)  the applicant is in Australia at the time of grant; and

                     (b)  the applicant does not hold a Subclass 417 visa at the time of application;

temporary visa permitting the holder to travel to, enter and remain in Australia until 12 months after the date of grant of the visa.

417.6—Conditions

417.611 

                   Conditions 8547 and 8548.

417.612 

                   Any 1 or more of conditions 8106, 8107, 8301, 8303, 8501, 8502, 8503, 8516, 8522, 8525 and 8526 may be imposed.

Subclass 420Temporary Work (Entertainment)

420.1—Interpretation

Note 1:       For Arts Minister: see regulation 1.03.

Note 2:       There are no interpretation provisions specific to this Part.

420.2—Primary criteria

Note:          The primary criteria must be satisfied by at least one member of a family unit, unless a member of the family unit holds a Subclass 423 (Media and Film Staff) visa on the basis of satisfying the primary criteria.

                   The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.

                   All criteria must be satisfied at the time a decision is made on the application.

420.21—Criteria

Note:          These criteria are for all applicants seeking to satisfy the primary criteria for a Subclass 420 visa.

420.211 

                   If the applicant was in Australia at the time of application:

                     (a)  at that time, the applicant held a substantive temporary visa that was not:

                              (i)  a Subclass 403 (Temporary Work (International Relations)) visa in the Domestic Worker (Diplomatic or Consular) stream; or

                             (ii)  a Subclass 426 (Domestic Worker (Temporary)—Diplomatic or Consular) visa; or

                            (iii)  a Subclass 771 (Transit) visa; or

                            (iv)  a special purpose visa; or

                     (b)  if the applicant did not hold a substantive visa at that time:

                              (i)  the last substantive temporary visa held by the applicant was not a visa mentioned in paragraph (a); and

                             (ii)  the applicant satisfies Schedule 3 criteria 3002, 3003, 3004 and 3005.

420.212 

             (1)  The applicant is identified in a nomination of an occupation or activity approved under section 140GB of the Act.

             (2)  The nomination was made by a person who was an entertainment sponsor at the time the nomination was approved.

             (3)  The nomination meets the criteria in regulation 2.72D.

             (4)  The approval of the nomination has not ceased under regulation 2.75A.

             (5)  Either:

                     (a)  there is no adverse information known to Immigration about the person who made the approved nomination or a person associated with that person; or

                     (b)  it is reasonable to disregard any adverse information known to Immigration about the person who made the approved nomination or a person associated with that person.

420.213 

                   The applicant has adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

420.214 

                   The applicant genuinely intends to stay temporarily in Australia to carry out the occupation or activity for which the visa is granted, having regard to:

                     (a)  whether the applicant has complied substantially with the conditions to which the last substantive visa, or any subsequent bridging visa, held by the applicant was subject; and

                     (b)  whether the applicant intends to comply with the conditions to which the Subclass 420 visa would be subject; and

                     (c)  any other relevant matter.

420.215 

                   The applicant has:

                     (a)  adequate means to support himself or herself; or

                     (b)  access to adequate means to support himself or herself;

during the period of the applicant’s intended stay in Australia.

420.216 

             (1)  The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4013, 4014, 4020 and 4021.

             (2)  If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.

             (3)  If the applicant has not turned 18, the applicant satisfies public interest criteria 4012, 4017 and 4018.

420.217 

                   The applicant satisfies special return criteria 5001, 5002 and 5010.

420.3—Secondary criteria

Note:          These criteria are for applicants who are members of the family unit of a person who:

(a)    satisfies the primary criteria; or

(b)    holds a Subclass 423 (Media and Film Staff) visa on the basis of satisfying the primary criteria.

                   All criteria must be satisfied at the time a decision is made on the application.

420.31—Criteria

420.311 

                   The applicant is a member of the family unit of a person (the primary applicant) who holds any of the following visas granted on the basis of satisfying the primary criteria:

                     (a)  a Subclass 420 visa;

                     (b)  a Subclass 423 (Media and Film Staff) visa.

420.312 

                   The approved sponsor of the primary applicant:

                     (a)  has agreed, in writing, to be the sponsor of the applicant; and

                     (b)  has not withdrawn its agreement to be the sponsor in relation to the applicant; and

                     (c)  has not ceased to be the sponsor of the primary applicant; and

                     (d)  either:

                              (i)  there is no adverse information known to Immigration about the sponsor or a person associated with the sponsor; or

                             (ii)  it is reasonable to disregard any adverse information known to Immigration about the sponsor or a person associated with the sponsor.

420.313 

                   The applicant has adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

420.314 

                   The applicant genuinely intends to stay temporarily in Australia as a member of the family unit of the primary applicant, having regard to:

                     (a)  whether the applicant has complied substantially with the conditions to which the last substantive visa, or any subsequent bridging visa, held by the applicant was subject; and

                     (b)  any other relevant matter.

420.315 

                   The applicant has:

                     (a)  adequate means to support himself or herself; or

                     (b)  access to adequate means to support himself or herself;

during the period of the applicant’s intended stay in Australia.

420.316 

             (1)  The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4013, 4014, 4020 and 4021.

             (2)  If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.

             (3)  If the applicant has not turned 18, the applicant satisfies public interest criteria 4017 and 4018.

420.317 

                   The applicant satisfies special return criteria 5001, 5002 and 5010.

420.4—Circumstances applicable to grant

420.411 

                   If the applicant was in Australia at the time of application, the applicant:

                     (a)  must be in Australia when the visa is granted; but

                     (b)  must not be in immigration clearance.

420.412 

                   If the applicant was outside Australia at the time of application, the applicant must be outside Australia when the visa is granted.

420.5—When visa is in effect

420.511 

                   Temporary visa permitting the holder:

                     (a)  to travel to, and enter, Australia on one or more occasions; and

                     (b)  to remain in Australia for a period specified by the Minister.

420.6—Conditions

420.611 

                   If the applicant satisfied the primary criteria for the grant of a Subclass 420 visa:

                     (a)  conditions 8107, 8109, 8303 and 8501 must be imposed; and

                     (b)  conditions 8106, 8301, 8502, 8503, 8516, 8522, 8525 and 8526 may be imposed.

420.612 

                   If the applicant satisfied the secondary criteria for the grant of a Subclass 420 visa:

                     (a)  conditions 8303 and 8501 must be imposed; and

                     (b)  conditions 8106, 8301, 8502, 8503, 8516, 8522, 8525 and 8526 may be imposed.

Subclass 444Special Category

444.1—Interpretation

Note:          No interpretation provisions specific to this Part.

444.2—Primary criteria

Note:          The only criteria are those set out in paragraph 32(2)(a) of the Act and in regulation 5.15A. Under paragraph 32(2)(a) of the Act, the requirements are: that the applicant is a New Zealand citizen; that the applicant holds, and has presented to an officer or an authorised system, a New Zealand passport that is in force; and that the applicant is neither a behaviour concern non‑citizen nor a health concern non‑citizen.

                   The terms behaviour concern non‑citizen and health concern non‑citizen are defined in subsection 5(1) of the Act. Prescribed diseases in respect of a health concern non‑citizen are set out in regulation 5.16. The definition of behaviour concern non‑citizen includes a person who has been excluded from another country in certain circumstances. Those circumstances are set out in regulation 5.15.

                   Paragraph 32(2)(c) of the Act allows other classes of persons to be declared by the regulations as classes of persons for whom a visa of another class would be inappropriate, and the declaration of a class of persons is to be found in regulation 5.15A.

                   Under regulation 5.15A, the requirements are that the applicant is a New Zealand citizen who holds, and has presented to an officer, a New Zealand passport that is in force; that the applicant is not a health concern non‑citizen; and that the applicant is a behaviour concern non‑citizen only because he or she has been excluded from another country in circumstances that, in the Minister’s opinion, do not warrant the exclusion of the applicant from Australia.

444.3—Secondary criteria: Nil.

Note:          All applicants must satisfy the primary criteria.

444.4—Circumstances applicable to grant

444.411 

                   At the time of grant, the applicant must:

                     (a)  be in Australia; or

                     (b)  intend to travel to Australia on a pre‑cleared flight and be in immigration clearance at a port outside Australia at which pre‑clearance procedures are carried out.

Note:          For pre‑cleared flight see the Act, s 17.

444.5—When visa is in effect

444.511 

                   Temporary visa permitting the holder to remain in Australia while the holder is a New Zealand citizen.

444.6—Conditions: Nil.

Subclass 445Dependent Child

445.1—Interpretation

445.111 

                   For this Part, the parent of an applicant is a visa‑holding parent if he or she holds any of the following visas:

                     (a)  Subclass 309 (Spouse (Provisional));

                    (aa)  Subclass 309 (Partner (Provisional));

                     (b)  Subclass 310 (Interdependency (Provisional));

                     (c)  Subclass 445 (Dependent Child);

                     (d)  Subclass 820 (Spouse);

                   (da)  Subclass 820 (Partner);

                     (e)  Subclass 826 (Interdependency).

Note:          For dependent child, see regulation 1.03.

445.2—Primary criteria

445.21—Criteria to be satisfied at time of application

445.211 

                   The applicant:

                     (a)  is a dependent child of a visa‑holding parent; and

                     (b)  is sponsored by the nominator or sponsor of the visa‑holding parent.

445.22—Criteria to be satisfied at time of decision

445.221 

                   The parent of the applicant continues to be a visa‑holding parent.

445.222 

                   The applicant continues to be a dependent child of the visa‑holding parent.

445.223 

             (1)  The applicant meets the requirements of subclause (2), (3) or (4).

             (2)  The applicant meets the requirements of this subclause if he or she continues to be sponsored by the nominator or sponsor of the visa‑holding parent.

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

                     (a)  either:

                              (i)  the nominator or sponsor of the visa‑holding parent has died; or

                             (ii)  the relationship between the visa‑holding parent and his or her nominator or sponsor has ceased, and either:

                                        (A)  the visa‑holding parent has requested consideration under provisions relating to family violence in Subclass 100 or 801; or

                                        (B)  the visa‑holding parent has requested consideration under provisions relating to parental arrangements for a child in Subclass 100 or 801; and

                     (b)  the applicant is sponsored by the visa‑holding parent.

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

                     (a)  the applicant is a dependent child of a parent holding a Subclass 445 visa; and

                     (b)  the circumstances mentioned in subparagraph (3)(a)(i), or sub‑subparagraph (3)(a)(ii)(A) or (B) apply; and

                     (c)  the applicant is sponsored by the person who is required to satisfy the primary criteria in Subclass 100 or 801.

Note:          For special provisions relating to family violence, see Division 1.5.

445.224 

                   The sponsorship mentioned in clause 445.223 has been approved by the Minister and is still in force.

Note:          Regulation 1.20KB limits the Minister’s discretion to approve sponsorships.

445.225 

                   The applicant:

                     (a)  satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009, 4020 and 4021; and

                     (b)  if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

445.226 

                   If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

445.227 

             (1)  Each member of the family unit of the applicant who is an applicant for a Subclass 445 visa is a person who:

                     (a)  satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4020; and

                     (b)  if the person had turned 18 at the time of application—satisfies public interest criterion 4019.

             (2)  Each member of the family unit of the applicant who is not an applicant for a Subclass 445 visa is a person who:

                     (a)  satisfies public interest criteria 4001, 4002, 4003 and 4004; and

                     (b)  satisfies public interest criteria 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.

445.228 

                   If a person (the additional applicant):

                     (a)  is a member of the family unit of the applicant; and

                     (b)  has not turned 18; and

                     (c)  made a combined application with the applicant—

public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.

445.3—Secondary criteria

Note:          These criteria must be satisfied by applicants who are dependent children of, and who have made a combined application with, the person who satisfies the primary criteria.

445.31—Criteria to be satisfied at time of application

445.311 

                   The applicant is a dependent child of, and made a combined application with, the person who satisfies the primary criteria for a Subclass 445 visa.

445.312 

                   The sponsorship mentioned in paragraph 445.211(c) for the person who satisfies the primary criteria also includes sponsorship of the applicant.

445.32—Criteria to be satisfied at time of decision

445.321 

                   The applicant continues to be a dependent child of the person who, having satisfied the primary criteria, is the holder of a Subclass 445 visa.

445.322 

                   The sponsorship mentioned in clause 445.223 for the person who satisfies the primary criteria also includes sponsorship of the applicant.

445.323 

                   The sponsorship mentioned in clause 445.322 has been approved by the Minister and is still in force.

445.324 

                   The applicant:

                     (a)  satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009, 4020 and 4021; and

                     (b)  if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

445.325 

                   If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied, in relation to the applicant.

445.4—Circumstances applicable to grant

445.411 

                   If the application is made outside Australia, the applicant must be outside Australia when the visa is granted.

445.412 

                   If the application is made in Australia, the applicant must be in Australia when the visa is granted.

445.5—When a visa is in effect

445.511 

                   Temporary visa permitting the holder to travel to, enter and remain in Australia within the visa period of the Extended Eligibility (Temporary) (Class TK) visa, Partner (Provisional) (Class UF) visa or Partner (Temporary) (Class UK) visa held by the person on whom the applicant is dependent.

445.6—Conditions: Nil.

Subclass 449Humanitarian Stay (Temporary)

449.1—Interpretation

Note:          No interpretation provisions specific to this Part.

449.2—Primary criteria

Note:          The primary criteria must be satisfied by at least 1 member of a family unit. Other members of the family unit, or members of the immediate family of a person, who are applicants for a visa of this subclass need satisfy only the secondary criteria.

449.21—[No criteria to be satisfied at time of application]

449.22—Criteria to be satisfied at time of decision

449.221 

             (1)  The applicant meets the requirements of subclause (2) or (3).

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

                     (a)  the applicant has been displaced from his or her place of residence, and:

                              (i)  cannot reasonably return to that place of residence; and

                             (ii)  is in grave fear of his or her personal safety because of the circumstances in which, or reasons why, he or she was displaced from that place of residence; or

                     (b)  the applicant has not been displaced from his or her place of residence, but:

                              (i)  there is a strong likelihood that the applicant will be displaced from that place of residence; and

                             (ii)  the applicant is in grave fear of his or her personal safety because of the circumstances in which, or reasons why, the applicant may be displaced from that place of residence.

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

                     (a)  is a member of the immediate family of a holder of a Subclass 449 visa (the visa holder); and

                     (b)  was a member of the visa holder’s immediate family when the visa holder was first granted a Subclass 449 visa.

449.223 

                   Grant of the visa would not result in either:

                     (a)  the number of Subclass 449 visas granted in a financial year exceeding the maximum number of Subclass 449 visas, as determined by the Minister by legislative instrument, that may be granted in that financial year; or

                     (b)  the number of visas of particular classes, including Subclass 449, granted in a financial year exceeding the maximum number of visas of those classes, as determined by the Minister by legislative instrument, that may be granted in that financial year.

449.224 

             (1)  The applicant satisfies public interest criteria 4002 and 4003A.

             (2)  The applicant satisfies public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.

449.3—Secondary criteria

Note:          These criteria must be satisfied by applicants who are members of the family unit, or members of the immediate family, of a person who satisfies the primary criteria.

449.31—[No criteria to be satisfied at time of application]

449.32—Criteria to be satisfied at time of decision

449.321 

                   The applicant:

                     (a)  is a member of the family unit of a person who, having met the requirements of subclause 449.221(2), is the holder of a Subclass 449 visa; or

                     (b)  is a member of the immediate family of a person who, having met the requirements of subclause 449.221(3), is the holder of a Subclass 449 visa.

449.322 

             (1)  The applicant satisfies public interest criteria 4002 and 4003A.

             (2)  The applicant satisfies public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.

449.323 

                   If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

449.4—Circumstances applicable to grant

449.411 

                   If the application is made outside Australia, the applicant must be outside Australia at the time of grant.

449.412 

                   If the application is made in Australia, the applicant must be in Australia at the time of grant.

449.5—When visa is in effect

449.511 

                   Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.

449.6—Conditions

449.611 

                   Condition 8506.

449.612 

                   Condition 8101 or 8104 may be imposed.

449.612A 

                   Condition 8303 may be imposed.

449.613 

                   If the Minister is satisfied that it would be unreasonable to require an applicant to undergo assessment in relation to criterion 4007, condition 8529.

Note:          See subclauses 449.224(2) and 449.322(2).

Subclass 457Temporary Work (Skilled)

457.1—Interpretation

457.111 

             (1)  In this Part:

adverse information has the meaning given by subregulation 2.57(3).

Note:          For AUD, labour agreement, ownership interest and standard business sponsor: see regulation 1.03.

             (3)  In this Part:

                     (a)  a person is associated with a corporation, partnership, unincorporated association or other entity that has made a nomination in relation to an applicant for a visa in the same way in which, under subregulation 2.57(2), a person is associated with an applicant; and

                     (b)  subregulation 2.57(2) is to be applied as if a reference in that subregulation to an applicant were a reference to the person who has made the nomination in relation to the applicant; and

                     (c)  an expression in subregulation 2.57(2) that is defined in subregulation 2.57(1) has the meaning given by that subregulation.

457.2—Primary criteria

Note:          The primary criteria must be satisfied by at least one applicant. Other applicants who are members of the family unit of the applicant who satisfies the primary criteria need satisfy only the secondary criteria.

457.21—Criteria to be satisfied at time of application

457.211 

                   If the applicant is in Australia at the time of application:

                     (a)  the applicant holds a substantive visa, other than a Subclass 771 (Transit) visa or a special purpose visa; or

                     (b)  if the applicant does not hold a substantive visa at the time of application:

                              (i)  the last substantive visa held by the applicant was not a Subclass 771 (Transit) visa or a special purpose visa; and

                             (ii)  the applicant satisfies Schedule 3 criteria 3003, 3004 and 3005.

Note:          Special purpose visa is defined in subsection 5(1) of the Act.

457.22—Criteria to be satisfied at time of decision

457.221 

                   If the applicant is in Australia, the applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa.

457.221A 

                   If the applicant was outside Australia at the time of making their application, but inside Australia at the time of the decision on the application:

                     (a)  the applicant holds a substantive visa, other than a Subclass 771 (Transit) visa or a special purpose visa; or

                     (b)  if the applicant does not hold a substantive visa at the time of the decision on the application:

                              (i)  the last substantive visa held by the applicant was not a Subclass 771 (Transit) visa or a special purpose visa; and

                             (ii)  the applicant satisfies Schedule 3 criteria 3003, 3004 and 3005.

Note:          Special purpose visa is defined in subsection 5(1) of the Act.

457.223 

             (1)  The applicant meets the requirements of subclause (2) or (4).

Labour agreements

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

                     (a)  the occupation specified in the application is the subject of a labour agreement; and

                     (b)  a nomination of an occupation in relation to the applicant:

                              (i)  has been approved under section 140GB of the Act; and

                             (ii)  has not ceased to have effect under regulation 2.75; and

                     (c)  the applicant is nominated by a party to the labour agreement; and

                     (d)  if the Minister requires the applicant to demonstrate that he or she has skills and experience that are suitable to perform the occupation—the applicant demonstrates that he or she has those skills and that experience in the manner specified by the Minister; and

                     (e)  the Minister is satisfied that the requirements of the labour agreement have been met in relation to the application; and

                      (f)  either:

                              (i)  there is no adverse information known to Immigration about a party to the labour agreement or a person associated with the party to the labour agreement; or

                             (ii)  it is reasonable to disregard any adverse information known to Immigration about a party to the labour agreement or a person associated with the party to the labour agreement.

Standard business sponsorship

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

                     (a)  each of the following applies:

                              (i)  a nomination of an occupation in relation to the applicant has been approved under section 140GB of the Act;

                             (ii)  the nomination was made by a person who was a standard business sponsor at the time the nomination was approved;

                            (iii)  the approval of the nomination has not ceased as provided for in regulation 2.75; and

                    (aa)  the nominated occupation is specified in an instrument in writing for paragraph 2.72(10)(a) or (aa) that is in effect; and

                   (ba)  either:

                              (i)  the nominated occupation is specified by the Minister in an instrument in writing for this subparagraph; or

                             (ii)  each of the following applies:

                                        (A)  the applicant is employed to work in the nominated occupation;

                                        (B)  if the person who made the approved nomination met paragraph 2.59(d) or (e), or paragraph 2.68(e) or (f), in the person’s most recent approval as a standard business sponsor, the applicant is employed to work in a position in the person’s business or in a business of an associated entity of the person;

                                        (C)  if the person who made the approved nomination met paragraph 2.59(h), or paragraph 2.68(i), in the person’s most recent approval as a standard business sponsor, the applicant is employed to work in a position in the person’s business; and

                     (d)  the Minister is satisfied that:

                              (i)  the applicant’s intention to perform the occupation is genuine; and

                             (ii)  the position associated with the nominated occupation is genuine; and

                   (da)  the applicant has the skills, qualifications and employment background that the Minister considers necessary to perform the tasks of the nominated occupation; and

                     (e)  if the Minister requires the applicant to demonstrate that he or she has the skills that are necessary to perform the occupation—the applicant demonstrates that he or she has those skills in the manner specified by the Minister; and

                    (ea)  if:

                              (i)  the applicant would be required to hold a licence, registration or membership that is mandatory to perform the occupation nominated in relation to the applicant; and

                             (ii)  in order to obtain the licence, registration or membership, the applicant would need to demonstrate that the applicant has undertaken a language test specified by the Minister under subparagraph 457.223(4)(eb)(iv) of Schedule 2 and achieved a score that is better than the score specified by the Minister under subparagraph 457.223(4)(eb)(v) of Schedule 2;

                            the applicant has proficiency in English of at least the standard required for the grant (however described) of the licence, registration or membership; and

                   (eb)  if:

                              (i)  the applicant is not an exempt applicant; and

                             (ii)  subclause (6) does not apply to the applicant; and

                            (iii)  at least 1 of subparagraphs (ea)(i) and (ii) does not apply;

                            the applicant:

                            (iv)  has undertaken a language test specified by the Minister in a legislative instrument for this subparagraph; and

                             (v)  achieved within the period specified by the Minister in the instrument, in a single attempt at the test, the score specified by the Minister in the instrument; and

                    (ec)  if the Minister requires the applicant to demonstrate his or her English language proficiency—the applicant demonstrates his or her English language proficiency in the manner specified by the Minister; and

                      (f)  either:

                              (i)  there is no adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person; or

                             (ii)  it is reasonable to disregard any adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person.

             (6)  This subclause applies to an applicant if:

                     (a)  the base rate of pay for the applicant, under the terms and conditions of employment about which the Minister was last satisfied for paragraph 2.72(10)(c), is at least the level of salary worked out in the way specified by the Minister in an instrument in writing for this paragraph; and

                     (b)  the Minister considers that granting a Subclass 457 visa to the applicant would be in the interests of Australia.

           (11)  In subclause (4):

exempt applicant means an applicant who is in a class of applicants specified by the Minister in an instrument in writing for this subclause.

457.223B 

                   The Minister is satisfied that the applicant has adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

457.223C 

                   If the nominated occupation is a medical practitioner, the applicant’s qualifications are recognised by the relevant authority in Australia for the registration of medical practitioners as entitling the applicant to practise as a medical practitioner.

457.224 

             (1)  The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4006A, 4010, 4013, 4014, 4020 and 4021.

             (2)  If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.

457.225 

                   The applicant satisfies special return criteria 5001, 5002 and 5010.

457.3—Secondary criteria

457.31—[No criteria to be satisfied at time of application.]

457.32—Criteria to be satisfied at time of decision

457.321 

                   The applicant is a member of the family unit of a person (the primary applicant) who, having satisfied the primary criteria, is the holder of a Subclass 457 visa.

457.323 

                   If the applicant is in Australia, the applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa.

457.324 

             (1)  The applicant is included in any nomination that is required in respect of the primary applicant.

             (2)  If the applicant is not included in any nomination that is required in respect of the primary applicant:

                     (a)  the standard business sponsor who has the most recent approved nomination under section 140GB of the Act, or under regulation 1.20H as in force immediately prior to 14 September 2009, of an occupation in relation to the primary applicant has agreed in writing that the applicant may be a secondary sponsored person in relation to the standard business sponsor; or

                     (b)  the former standard business sponsor who has the most recent approved nomination under section 140GB of the Act, or under regulation 1.20H as in force immediately prior to 14 September 2009, of an occupation in relation to the primary applicant has agreed in writing that the applicant may be a secondary sponsored person in relation to the former standard business sponsor; or

                     (c)  a party to the labour agreement who has the most recent approved nomination under section 140GB of the Act, or under regulation 1.20H as in force immediately prior to 14 September 2009, of an occupation in relation to the primary applicant has agreed in writing that the applicant may be a secondary sponsored person in relation to that party; or

                     (d)  a former party to the labour agreement who has the most recent approved nomination under section 140GB of the Act, or under regulation 1.20H as in force immediately prior to 14 September 2009, of an occupation in relation to the primary applicant has agreed in writing that the applicant may be a secondary sponsored person in relation to that former party.

457.324B 

                   Either:

                     (a)  there is no adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph 457.223(2)(b) or 457.223(4)(a); or

                     (b)  it is reasonable to disregard any adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph 457.223(2)(b) or 457.223(4)(a), or a person associated with that person.

457.324D 

                   Except for an applicant who seeks to satisfy the secondary criteria on the basis of being a member of the family unit of the primary applicant who has met the requirements of subclause 457.223(8), as in force immediately before 23 March 2013,, or subclause 457.223(9) as in force immediately before 24 November 2012, the Minister is satisfied that the applicant has adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

457.325 

                   The applicant:

                     (a)  satisfies public interest criteria 4001, 4002, 4003, 4004, 4010, 4013, 4014, 4020 and 4021; and

                     (b)  satisfies public interest criterion 4019, if:

                              (i)  the applicant had turned 18 at the time of application; and

                             (ii)  the applicant did not make an application with a primary applicant who seeks to meet the requirements of subclause 457.223(9) as in force immediately before 24 November 2012; and

                     (d)  unless the applicant is a member of the family unit of a primary applicant who meets the requirements of subclause 457.223(9) as in force immediately before 24 November 2012—satisfies public interest criterion 4006A.

457.326 

                   The applicant satisfies special return criteria 5001, 5002 and 5010.

457.328 

                   If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

457.4—Circumstances applicable to grant

457.411 

                   The applicant may be in or outside Australia at the time of grant, but not in immigration clearance.

457.5—When visa is in effect

457.511 

                   A temporary visa permitting the holder:

                     (a)  in the case of a holder who is in Australia at the time of grant—to remain in Australia for a period of not more than 4 years from the date of grant; and

                     (b)  in the case of a holder who is outside Australia at the time of grant—to remain in Australia for a period of not more than 4 years from the date of entry that is specified by the Minister; and

                    (ca)  in the case of a holder whose visa was granted on the basis that the holder met:

                              (i)  the requirements of subclause 457.223(2); or

                             (ii)  the secondary criteria for the grant of the visa as a member of the family unit of a person who met the requirements of subclause 457.223(2);

                            to remain in Australia until:

                            (iii)  the end of the period specified for the visa in the labour agreement mentioned in paragraph 457.223(2); or

                            (iv)  if no period is specified in the labour agreement—the date on which the labour agreement ceases; and

                     (d)  in the case of a holder:

                              (i)  to whom paragraph (a), (b) or (ca) would apply; and

                             (ii)  whose visa was granted on the basis that he or she was a member of the family unit of the holder of a visa in the circumstances described in subregulation 1.12(10);

                            to remain in Australia until the earlier of:

                            (iii)  the end of the period in paragraph (a) or (b) that would have applied to the holder; and

                            (iv)  the end of the day before the holder’s 21st birthday; and

                      (f)  in any case—to travel to, and enter, Australia on multiple occasions before the end of the relevant period.

457.6—Conditions

457.611 

             (1)  For an applicant other than an applicant who seeks to satisfy the secondary criteria on the basis of being a member of the family unit of the primary applicant who has met the requirements of:

                     (a)  subclause 457.223(8), as in force immediately before 23 March 2013; or

                     (b)  subclause 457.223(9), as in force immediately before 24 November 2012;

condition 8501.

             (2)  If the applicant satisfies the primary criteria, condition 8107 must be imposed.

             (3)  Any 1 or more of conditions 8303, 8502, 8516, 8522, 8525 and 8526 may be imposed.

Subclass 461New Zealand Citizen Family Relationship (Temporary)

461.1—Interpretation

Note:          There are no interpretation provisions specific to this Part.

461.2—Primary criteria

Note:          All applicants must meet the primary criteria.

461.21—Criteria to be satisfied at time of application

461.211 

                   The applicant is not a New Zealand citizen. 

461.212 

             (1)  The applicant meets the requirements of subclause (2), (3) or (4).

             (2)  An applicant meets the requirements of this subclause if the applicant is a member of the family unit of:

                     (a)  a person who is in Australia as the holder of a Subclass 444 (Special Category) visa; or

                     (b)  a person who:

                              (i)  is outside Australia; and

                             (ii)  will be accompanying the applicant to Australia; and

                            (iii)  will, on entry, be the holder of a special category visa.

             (3)  An applicant meets the requirements of this subclause if the applicant:

                     (a)  either:

                              (i)  is in Australia as the holder of a Subclass 461 (New Zealand Citizen Family Relationship (Temporary)) visa; or

                             (ii)  is not the holder of a substantive visa and the last substantive visa held by the applicant was a Subclass 461 visa; and

                     (b)  is no longer a member of the family unit of the person in relation to whom the applicant was granted a Subclass 461 visa; and

                     (c)  has not become a member of the family unit of another person (whether or not the applicant is still a member of the family unit of that other person). 

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

                     (a)  is outside Australia; and

                     (b)  either:

                              (i)  the applicant was lawfully present in Australia as the holder of a Subclass 461 visa for a period of, or periods that total, not less than 2 years in the period of 5 years immediately before the application for the visa; or

                             (ii)  the Minister is satisfied that the applicant:

                                        (A)  has substantial business, cultural, employment or personal ties with Australia which are of benefit to Australia; and

                                        (B)  has not been absent from Australia for a continuous period of 5 years or more immediately before the application for the visa, unless there are compelling reasons for the absence; and

                     (c)  on last departure from Australia was a holder of a Subclass 461 visa; and

                     (d)  is no longer a member of the family unit of the person in relation to whom the applicant was granted a Subclass 461 visa; and

                     (e)  has not become a member of the family unit of another person (whether or not the applicant is still a member of the family unit of that other person).

461.213 

                   If the application is made in Australia:

                     (a)  at the time of application, the applicant held a substantive temporary visa other than:

                              (i)  a Subclass 403 (Temporary Work (International Relations)) visa in the Domestic Worker (Diplomatic or Consular) stream; or

                             (ii)  a Subclass 426 (Domestic Worker (Temporary)—Diplomatic or Consular) visa; or

                     (b)  if the applicant did not hold a substantive visa at that time:

                              (i)  the last substantive temporary visa held by the applicant was not a visa mentioned in paragraph (a); and

                             (ii)  the applicant satisfies Schedule 3 criteria 3002, 3003, 3004 and 3005.

461.22—Criteria to be satisfied at time of decision

461.221 

                   The applicant continues to satisfy the criterion in subclause 461.212(1).

461.222 

                   The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted. 

461.223 

                   The applicant:

                     (a)  satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4010, 4013, 4014, 4020 and 4021; and

                     (b)  if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

461.224 

                   If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

461.225 

                   If the application is made in Australia, the applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa.

461.226 

                   If the application is made outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.

461.3—Secondary criteria

Note:          All applicants must satisfy the primary criteria.

461.4—Circumstances applicable to grant

461.411 

                   If the application is made outside Australia, the applicant must be outside Australia at the time of grant.

461.412 

                   If the application is made in Australia, the applicant must be in Australia at the time of grant.

461.5—When visa is in effect

461.511 

                   Temporary visa permitting the holder to travel to, and enter and remain in, Australia for a period of 5 years from the date of grant.

461.6—Conditions

461.611 

                   Either or both of conditions 8303 and 8501 may be imposed.

Subclass 462Work and Holiday

462.1—Interpretation

Note:          There are no interpretation provisions specific to this Part. Foreign Affairs recipient and Foreign Affairs student are defined in regulation 1.03.

462.2—Primary criteria

Note:          All applicants must satisfy the primary criteria.

462.21—Criteria to be satisfied at time of application

462.211 

                   If the applicant:

                     (a)  does not hold a Subclass 462 (Work and Holiday) visa; and

                     (b)  is not a member of a class of persons specified by the Minister, by an instrument in writing, for subparagraph 1224A(3)(b)(iii) of Schedule 1;

the applicant satisfies the criteria in clauses 462.212, 462.213, 462.215, 462.216 and 462.217.

462.211A 

                   If:

                     (a)  the applicant holds a Subclass 462 (Work and Holiday) visa; or

                     (b)  the applicant:

                              (i)  does not hold a Subclass 462 (Work and Holiday) visa; and

                             (ii)  is a member of a class of persons specified by the Minister, by an instrument in writing, for subparagraph 1224A(3)(b)(iii) of Schedule 1;

the applicant satisfies the criteria in clause 462.212 and clauses 462.214 to 462.217.

462.212 

                   The applicant is at least 18 but has not turned 31.

462.213 

             (1)  The applicant has provided with the application a letter:

                     (a)  from the government of a foreign country with which the Australian Government has an arrangement mentioned in clause 462.216; and

                     (b)  that includes a statement to the effect that the government of the foreign country has agreed to the applicant’s stay in Australia under the arrangement.

             (2)  The applicant holds a valid passport issued by the foreign country mentioned in subclause (1).

462.214 

                   The applicant holds a valid passport issued by a foreign country specified in an instrument in writing made under paragraph 1224A(3)(a) of Schedule 1.

462.215 

                   The Minister is satisfied that the applicant has at least functional English.

Note:          functional English is defined in subsection 5(2) of the Act.

462.216 

                   The Minister is satisfied that the application meets the requirements of an arrangement between the Australian Government and the government of a foreign country specified in an instrument in writing made under paragraph 1224A(3)(a) of Schedule 1.

462.217 

                   The Minister is satisfied that the applicant:

                     (a)  seeks to enter or remain in Australia as a genuine visitor whose principal purpose is to spend a holiday in Australia; and

                     (b)  has sufficient money for:

                              (i)  the fare to the applicant’s intended overseas destination on leaving Australia; and

                             (ii)  personal support for the purposes of a working holiday; and

                     (c)  will not be accompanied by dependent children during the applicant’s stay in Australia unless the applicant is a member of a class of persons specified by the Minister in an instrument in writing for this paragraph.

462.22—Criteria to be satisfied at time of decision

462.221 

                   The applicant:

                     (a)  continues to satisfy the criteria in clauses 462.215, 462.216 and 462.217; and

                    (aa)  continues to hold the passport mentioned in paragraph 1224A(3)(a) of Schedule 1, or a valid replacement passport issued by the country concerned; and

                     (b)  satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4011, 4013, 4014, 4019 and 4020; and

                     (c)  is the holder of an educational qualification specified in an instrument in writing for this paragraph, in relation to the foreign country that issued the passport mentioned in paragraph (aa); and

                     (e)  is not a Foreign Affairs student or a Foreign Affairs recipient.

462.222 

                   If the applicant:

                     (a)  was outside Australia at the time of application; and

                     (b)  has previously been in Australia;

the applicant satisfies special return criteria 5001 and 5002.

462.223 

                   The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.

462.3—Secondary criteria

Note:          All applicants must meet the primary criteria.

462.4—Circumstances applicable to grant

462.411 

                   If the applicant is outside Australia at the time of application, the applicant must be outside Australia at the time of grant.

462.412 

                   If the applicant is in Australia at the time of application, the applicant must be in Australia, but not in immigration clearance, at the time of grant.

462.5—When visa is in effect

462.511 

                   If the applicant is outside Australia at the time of grant—temporary visa permitting the holder:

                     (a)  to travel to and enter Australia within 12 months after the date of the grant of the visa; and

                     (b)  to travel to, enter and remain in Australia until 12 months after the date of first entry to Australia.

462.512 

                   If the applicant is in Australia at the time of grant—temporary visa permitting the holder to travel to, enter and remain in Australia until 12 months after the date of grant.

462.6—Conditions

462.611 

                   Conditions 8547 and 8548.

462.612 

                   Any 1 or more of conditions 8303, 8501, 8503, 8516 and 8540 may be imposed, unless an application is decided by the use of a computer program in accordance with an arrangement under section 495A of the Act.

Subclass 476Skilled—Recognised Graduate

476.1—Interpretation

476.111 

                   In this Part:

completed, in relation to a degree, means having met the academic requirements for the award of the degree.

Note:          Regulation 1.03 provides that competent English has the meaning set out in regulation 1.15C.

476.2—Primary criteria

Note:          The primary criteria must be satisfied by at least 1 applicant. Other applicants who are members of the family unit of the applicant who satisfies the primary criteria need satisfy only the secondary criteria.

476.21—Criteria to be satisfied at time of application

476.211 

                   The applicant:

                     (a)  has not previously held a Subclass 476 visa that was granted on the basis that the applicant satisfied the primary criteria for the grant of the visa; and

                     (b)  has not previously held a Subclass 485 (Temporary Graduate) visa that was granted on the basis that the applicant satisfied the primary criteria for the grant of the visa.

476.212 

                   The applicant has completed a course:

                     (a)  in the period of 24 months ending immediately before the day on which the application is made; and

                     (b)  at an institution specified by the Minister in an instrument in writing for this paragraph;

for the award of a degree or higher qualification in a discipline specified in an instrument in writing for this clause.

476.213 

                   The applicant has competent English.

476.22—Criteria to be satisfied at time of decision

476.222 

                   The applicant:

                     (a)  satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4020 and 4021; and

                     (b)  if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

476.223 

                   If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

476.224 

                   Each person who is a member of the family unit of the applicant, and who is also an applicant for a Subclass 476 visa, is a person who:

                     (d)  satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010 and 4020; and

                   (da)  if the person had turned 18 at the time of application—satisfies public interest criterion 4019; and

                     (e)  if the person has previously been in Australia—satisfies special return criteria 5001, 5002 and 5010.

476.225 

                   If a person (the additional applicant):

                     (a)  is a member of the family unit of the applicant; and

                     (b)  is less than 18; and

                     (c)  made a combined application with the applicant;

public interest criteria 4015 and 4016 are satisfied for the additional applicant.

476.226 

                   Grant of the visa would not result in either:

                     (a)  the number of Subclass 476 visas granted in a financial year exceeding the maximum number of Subclass 476 visas, as determined by the Minister in an instrument in writing for this paragraph, that may be granted in that financial year; or

                     (b)  the number of visas of particular classes (including Subclass 476) granted in a financial year exceeding the maximum number of visas of those classes, as determined by the Minister in an instrument in writing for this paragraph, that may be granted in that financial year.

476.3—Secondary criteria

Note:          These criteria must be satisfied by applicants who are members of the family unit of an applicant who satisfies the primary criteria.

476.31—Criteria to be satisfied at time of application

476.311 

                   The applicant:

                     (a)  is a member of the family unit of a person who satisfies the primary criteria in Subdivision 476.21, and made a combined application with that person; or

                     (b)  is a member of the family unit of a person who is the holder of a Skilled (Provisional) (Class VF) visa on the basis of satisfying the primary criteria for the grant of a Subclass 476 visa.

476.32—Criteria to be satisfied at time of decision

476.321 

                   The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 476 visa.

476.322 

                   The applicant:

                     (a)  satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4020 and 4021; and

                     (b)  if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

476.323 

                   If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

476.324 

                   If the applicant is less than 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

476.4—Circumstances applicable to grant

476.411 

             (1)  If the applicant who satisfied the primary criteria for the grant of the visa is also the holder of a Subclass 444 (Special Category) visa, the applicant and each applicant included in the application who made a combined application with the applicant, may be in or outside Australia when the visa is granted.

             (2)  If the applicant who satisfied the primary criteria for the grant of the visa is not the holder of a Subclass 444 (Special Category) visa, the applicant and each applicant included in the application who made a combined application with the applicant, must be outside Australia when the visa is granted.

476.412 

                   In any other case, an applicant may be in or outside Australia when the visa is granted.

Note:          The second instalment of the visa application charge must be paid before the visa can be granted.

476.5—When visa is in effect

476.511 

                   Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.

476.6—Conditions

476.611 

                   If the applicant is outside Australia when the visa is granted:

                     (a)  first entry must be made before a date specified by the Minister for the purpose; and

                     (b)  if the applicant satisfies the secondary criteria for the grant of the visa, condition 8502 may be imposed; and

                     (c)  condition 8515 may be imposed.

Subclass 485Temporary Graduate

485.1—Interpretation

485.111 

                   In this Part:

degree has the same meaning as in subregulation 2.26AC(6).

diploma has the same meaning as in subregulation 2.26AC(6).

trade qualification has the same meaning as in subregulation 2.26AC(6).

Note 1:       Regulation 1.03 provides that Australian study requirement has the meaning set out in regulation 1.15F.

Note 2:       Regulation 1.03 provides that competent English has the meaning set out in regulation 1.15C.

Note 3:       For registered course, relevant assessing authority and skilled occupation, see regulation 1.03.

485.2—Primary criteria

Note:          The primary criteria for the grant of a Subclass 485 visa include criteria set out in streams.

                   If an applicant applies for a Subclass 485 visa in the Graduate Work stream, the criteria in Subdivisions 485.21 and 485.22 are the primary criteria for the grant of the visa.

                   If an applicant applies for a Subclass 485 visa in the Post‑Study Work stream, the criteria in Subdivisions 485.21 and 485.23 are the primary criteria.

                   The primary criteria must be satisfied by at least one member of a family unit.

                   The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.

                   All criteria must be satisfied at the time a decision is made on the application, unless otherwise stated.

485.21—Common criteria

Note:          These criteria are for all applicants seeking to satisfy the primary criteria for the grant of a Subclass 485 visa.

485.211 

                   The applicant:

                     (a)  has not previously held a Subclass 476 (Skilled — Recognised Graduate) visa that was granted on the basis that the applicant satisfied the primary criteria for the grant of the visa; and

                     (b)  has not previously held a Subclass 485 visa that was granted on the basis that the applicant satisfied the primary criteria for the grant of the visa.

485.212 

                   When the application was made, it was accompanied by evidence that the applicant had competent English.

485.213 

                   When the application was made, it was accompanied by evidence that:

                     (a)  the applicant; and

                     (b)  each person included in the application who is at least 16;

had applied for an Australian Federal Police check during the 12 months immediately before the day the application is made.

485.214 

                   When the application was made, it was accompanied by evidence that:

                     (a)  the applicant; and

                     (b)  each person included in the application;

had made arrangements to undergo a medical examination for the purpose of the application.

485.215 

             (1)  When the application was made, it was accompanied by evidence that the applicant had adequate arrangements in Australia for health insurance.

             (2)  The applicant has had adequate arrangements in Australia for health insurance since the time the application was made.

485.216 

             (1)  The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4020 and 4021.

             (2)  If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.

             (3)  Each member of the family unit of the applicant who is an applicant for a Subclass 485 visa satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010 and 4020.

             (4)  Each member of the family unit of the applicant who:

                     (a)  is an applicant for a Subclass 485 visa; and

                     (b)  had turned 18 at the time of application;

satisfies public interest criteria 4019.

             (5)  Each member of the family unit of the applicant who:

                     (a)  is an applicant for a Subclass 485 visa; and

                     (b)  has not turned 18; and

                     (c)  made a combined application with the applicant;

satisfies public interest criteria 4015 and 4016.

485.217 

             (1)  The applicant satisfies special return criteria 5001, 5002 and 5010.

             (2)  Each member of the family unit of the applicant who:

                     (a)  is an applicant for a Subclass 485 visa; and

                     (b)  has previously been in Australia;

satisfies special return criteria 5001, 5002 and 5010.

485.218 

                   Grant of the visa would not result in either:

                     (a)  the number of Subclass 485 visas granted in a financial year exceeding the maximum number of Subclass 485 visas specified by the Minister in an instrument in writing for this paragraph, that may be granted in that financial year; or

                     (b)  the number of visas of particular classes (including Subclass 485) granted in a financial year exceeding the maximum number of visas of those classes, specified by the Minister in an instrument in writing for this paragraph, that may be granted in that financial year.

485.22—Criteria for Graduate Work stream

Note:          These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 485 visa in the Graduate Work stream.

485.221 

                   The applicant satisfied the Australian study requirement in the period of 6 months immediately before the day the application was made.

485.222 

                   Each degree, diploma or trade qualification used to satisfy the Australian study requirement is closely related to the applicant’s nominated skilled occupation.

485.223 

                   When the application was made, it was accompanied by evidence that the applicant had applied for an assessment of the applicant’s skills for the nominated skilled occupation by a relevant assessing authority.

485.224 

             (1)  At the time of application:

                     (a)  the skills of the applicant for the applicant’s nominated skilled occupation had been assessed by a relevant assessing authority as suitable for that occupation; and

                     (b)  if the assessment specified a period during which the assessment was valid, and the period did not end more than 3 years after the date of the assessment—the period had not ended; and

                     (c)  if paragraph (b) did not apply—not more than 3 years had passed since the date of the assessment.

             (2)  If the applicant’s skills were assessed on the basis of a qualification obtained in Australia while the applicant held a student visa, the qualification was obtained as a result of studying a registered course.

485.23—Criteria for Post‑Study Work stream

Note:          These criteria are only for applicants seeking to satisfy the primary criteria for the grant of a Subclass 485 visa in the Post‑Study Work stream.

485.231 

             (1)  The applicant holds a qualification or qualifications of a kind specified by the Minister in an instrument in writing for this subclause.

             (2)  Each qualification was conferred or awarded by an educational institution specified by the Minister in an instrument in writing for this subclause.

             (3)  The applicant’s study for the qualification or qualifications satisfied the Australian study requirement in the period of 6 months ending immediately before the day the application was made.

485.3—Secondary criteria

Note:          These criteria are for applicants who are members of the family unit of a person who satisfies the primary criteria. All criteria must be satisfied at the time a decision is made on the application.

485.31—Criteria

485.311 

                   The applicant:

                     (a)  is a member of the family unit of a person who holds a Subclass 485 visa granted on the basis of satisfying the primary criteria for the grant of the visa, and made a combined application with that person; or

                     (b)  is a member of the family unit of a person who holds a Skilled (Provisional) (Class VC) visa on the basis of satisfying the primary criteria for the grant of a Subclass 485 visa.

485.312 

             (1)  When the application was made, it was accompanied by evidence that the applicant had adequate arrangements in Australia for health insurance.

             (2)  The applicant has had adequate arrangements in Australia for health insurance since the time the application was made.

485.313 

             (1)  The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4020 and 4021.

             (2)  If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.

             (3)  If the applicant has not turned 18, the applicant satisfies public interest criteria 4017 and 4018.

485.314 

                   If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

485.4—Circumstances applicable to grant

485.411 

             (1)  The applicant who satisfies the primary criteria for the grant of the visa must be in Australia when the visa is granted.

             (2)  Each applicant who made a combined application with the applicant who satisfies the primary criteria for the grant of the visa must be in Australia when the visa is granted.

             (3)  In any other case, the applicant may be in or outside Australia when the visa is granted.

485.5—When visa is in effect

485.511 

                   Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.

485.6—Conditions

485.611 

                   Condition 8501 must be imposed.

485.612 

                   If the applicant is outside Australia when the visa is granted:

                     (a)  first entry must be made before a date specified by the Minister for the purpose; and

                     (b)  condition 8515 may be imposed.

Subclass 488Superyacht Crew

488.1—Interpretation

Note:          Member of the crew and superyacht are defined in regulation 1.03. Regulation 1.15G is also relevant for the purposes of the definition of superyacht. There are no interpretation provisions specific to this Part.

488.2—Primary criteria

Note:          All applicants must satisfy the primary criteria.

488.21—Criteria to be satisfied at time of application

488.211 

                   The applicant has turned 18.

488.212 

                   The applicant is a member of the crew of a superyacht.

488.213 

                   The applicant does not intend to engage in activities that will have adverse consequences for employment or training opportunities, or conditions of employment, for Australian citizens or Australian permanent residents.

488.22—Criteria to be satisfied at time of decision

488.221 

                   The applicant continues to satisfy the criteria in clauses 488.212 and 488.213.

488.222 

                   The Minister is satisfied that:

                     (a)  a superyacht crew sponsor has agreed to be the superyacht crew sponsor in relation to the applicant; and

                     (b)  the superyacht crew sponsor is not barred from sponsoring the applicant under paragraph 140M(1)(c) of the Act; and

                     (c)  either:

                              (i)  there is no adverse information known to Immigration about the superyacht crew sponsor mentioned in paragraph (a) or a person associated with that superyacht crew sponsor; or

                             (ii)  it is reasonable to disregard any adverse information known to Immigration about the superyacht crew sponsor mentioned in paragraph (a) or a person associated with that superyacht crew sponsor.

488.223 

                   The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4013, 4014, 4020 and 4021.

488.224 

                   If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.

488.3—Secondary criteria: Nil

Note:          All applicants must satisfy the primary criteria.

488.4—Circumstances applicable to grant

488.411 

                   The applicant may be in or outside Australia when the visa is granted.

488.5—When visa is in effect

488.511 

                   If the visa was granted to an applicant outside Australia—temporary visa permitting the holder:

                     (a)  to travel to, and enter, Australia on 1 or more occasions until a date specified by the Minister for the purpose; and

                     (b)  to remain in Australia for a period, or until a date, specified by the Minister for the purpose.

488.512 

                   If the visa was granted to an applicant in Australia—temporary visa permitting the holder:

                     (a)  to remain in Australia for a period, or until a date, specified by the Minister for the purpose; and

                     (b)  if the holder leaves Australia during the visa period:

                              (i)  to travel to, and enter, Australia on 1 or more occasions until a date specified by the Minister for the purpose; and

                             (ii)  to remain in Australia, after each entry, for a period, or until a date, specified by the Minister for the purpose.

488.6—Conditions

488.611 

                   Conditions 8107 and 8114.


Subclass 489Skilled—Regional (Provisional)

489.1—Interpretation

Note 1:       For designated area, registered course, relevant assessing authority and skilled occupation: see regulation 1.03.

Note 2:       Regulation 1.03 also provides that competent English has the meaning set out in regulation 1.15C.

Note 3:       There are no interpretation provisions specific to this Part.

489.2—Primary criteria

Note:          The primary criteria for the grant of a Subclass 489 visa include criteria set out in streams.

                   If an applicant applies for a Subclass 489 visa in the First Provisional Visa stream, the criteria in Subdivisions 489.21 and 489.22 are the primary criteria for the grant of the visa.

                   If an applicant applies for a Subclass 489 visa in the Second Provisional Visa stream, the criteria in Subdivisions 489.21 and 489.23 are the primary criteria.

                   The primary criteria must be satisfied by at least one member of a family unit, unless a member of the family unit holds one of the following visas on the basis of satisfying the primary criteria:

·       a Skilled—Independent Regional (Class UX) visa;

·       a Skilled—Designated Area‑sponsored (Provisional) (Class UZ) visa;

·       a Subclass 475 (Skilled—Regional Sponsored) visa;

·       a Subclass 487 (Skilled—Regional Sponsored) visa.

                   The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.

                   All criteria must be satisfied at the time a decision is made on the application.

489.21—Common criteria

Note:          These criteria are for all applicants seeking to satisfy the primary criteria for a Subclass 489 visa.


489.211 

             (1)  The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4010, 4020 and 4021.

             (2)  If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.

             (3)  Each member of the family unit of the applicant who is an applicant for a Subclass 489 visa satisfies public interest criteria 4001, 4002, 4003, 4004, 4010 and 4020.

             (4)  Each member of the family unit of the primary applicant who:

                     (a)  is an applicant for a Subclass 489 visa; and

                     (b)  had turned 18 at the time of application;

satisfies public interest criterion 4019.

             (5)  Each member of the family unit of the primary applicant who:

                     (a)  is an applicant for a Subclass 489 visa; and

                     (b)  has not turned 18;

satisfies public interest criteria 4015 and 4016.

             (6)  Each member of the family unit of the primary applicant who is not an applicant for a Subclass 489 visa satisfies public interest criteria 4001, 4002, 4003 and 4004.

489.212 

             (1)  The applicant satisfies special return criteria 5001, 5002 and 5010.

             (2)  Each member of the family unit of the applicant who is an applicant for a Subclass 489 visa satisfies special return criteria 5001, 5002 and 5010.

489.22—Criteria for First Provisional Visa stream

Note:          These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 489 visa in the First Provisional Visa stream.

489.221 

                   The applicant was invited, in writing, by the Minister to apply for the visa.

489.222 

             (1)  At the time of invitation to apply for the visa:

                     (a)  the relevant assessing authority had assessed the applicant’s skills as suitable for the applicant’s nominated skilled occupation; and

                     (b)  the assessment was not for a Subclass 485 (Temporary Graduate) visa; and

                     (c)  if the assessment specified a period during which the assessment was valid, and the period did not end more than 3 years after the date of the assessment—the period had not ended; and

                     (d)  if paragraph (c) did not apply—not more than 3 years had passed since the date of the assessment.

             (2)  If the assessment was made on the basis of a qualification obtained in Australia while the applicant held a student visa, the qualification was obtained as a result of studying a registered course.

489.223 

                   At the time of invitation to apply for the visa, the applicant had competent English.

489.224 

             (1)  The applicant’s score, when assessed in relation to the visa under Subdivision B of Division 3 of Part 2 of the Act, is not less than the score stated in the invitation to apply for the visa.

             (2)  The applicant’s score, when assessed in relation to the visa under Subdivision B of Division 3 of Part 2 of the Act, is not less than the qualifying score for that Subdivision.

Note:          Subdivision B of Division 3 of Part 2 of the Act provides for the application of a points system under which applicants for relevant visas are given an assessed score based on a prescribed number of points for particular attributes, assessed against the relevant pool mark and pass mark: see sections 92 to 96 of the Act.

                   The prescribed points and the manner of their allocation are provided for in Division 2.6 and Schedule 6D of these Regulations. Pool marks and pass marks are set from time to time by the Minister by instrument: see section 96 of the Act.

489.225 

             (1)  The requirements in subclause (2) or (3) are met.

             (2)  The nominating State or Territory government agency has not withdrawn the nomination.

             (3)  The Minister has accepted the sponsorship of the applicant by a person in the following circumstances:

                     (a)  the person has turned 18; and

                     (b)  the person is an Australian citizen, Australian permanent resident or eligible New Zealand citizen;

                     (c)  the person is usually resident in a designated area of Australia;

                     (d)  the person is related to the applicant, or the applicant’s spouse or de facto partner (if the applicant’s spouse or de facto partner is an applicant for a Subclass 489 visa), as:

                              (i)  a parent; or

                             (ii)  a child or step‑child; or

                            (iii)  a brother, sister, adoptive brother, adoptive sister, step‑brother or step‑sister; or

                            (iv)  an aunt, uncle, adoptive aunt, adoptive uncle, step‑aunt or step‑uncle;

                             (v)  a nephew, niece, adoptive nephew, adoptive niece, step‑nephew or step‑niece; or

                            (vi)  a grandparent; or

                           (vii)  a first cousin;

                     (e)  each member of the family unit of the applicant who is an applicant for a Subclass 489 visa is sponsored by that person.

489.226 

             (1)  The applicant satisfies public interest criterion 4005.

             (2)  Each member of the family unit of the applicant who is an applicant for a Subclass 489 visa satisfies public interest criterion 4005.

             (3)  Each member of the family unit of the applicant who is not an applicant for a Subclass 489 visa satisfies public interest criterion 4005 unless it would be unreasonable to require the member to undergo assessment in relation to the criterion.

489.23—Criteria for Second Provisional Visa stream

Note:          These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 489 visa in the Second Provisional Visa stream.

489.231 

             (1)  If the applicant has previously held one of the following visas:

                     (a)  a Skilled—Independent Regional (Provisional) (Class UX) visa;

                     (b)  a Skilled—Designated Area‑sponsored (Provisional) (Class UZ) visa;

                     (c)  a Subclass 475 (Skilled—Regional Sponsored) visa;

                     (d)  a Subclass 487 (Skilled—Regional Sponsored) visa;

the applicant has substantially complied with the conditions to which the visa was subject.

             (2)  Each member of the family unit of the applicant who is an applicant for a Subclass 489 visa, and who has previously held a visa mentioned in subclause (1), has substantially complied with the conditions to which the visa mentioned in subclause (1) was subject.

489.232 

             (1)  The applicant satisfies public interest criterion 4007.

             (2)  Each person who is a member of the family unit of the applicant, and is an applicant for a Subclass 489 visa, satisfies public interest criterion 4007.

             (3)  Each member of the family unit of the applicant who is not an applicant for a Subclass 489 visa satisfies public interest criterion 4007 unless it would be unreasonable to require the member to undergo assessment in relation to the criterion.

489.3—Secondary criteria

Note:          These criteria are for applicants who are members of the family unit of a person who:

(a)    satisfies the primary criteria; or

(b)    holds one of the following visas on the basis of satisfying the primary criteria:

·      a Skilled—Independent Regional (Provisional) (Class UX) visa;

·      a Skilled—Designated Area‑sponsored (Provisional) (Class UZ) visa;

·      a Subclass 475 (Skilled—Regional Sponsored) visa;

·      a Subclass 487 (Skilled—Regional Sponsored) visa.

                   All criteria must be satisfied at the time a decision is made on the application.

489.31—Criteria

489.311 

                   The applicant is a member of the family unit of a person (the primary applicant) who holds any of the following visas granted on the basis of satisfying the primary criteria:

                     (a)  a Skilled—Independent Regional (Provisional) (Class UX) visa;

                     (b)  a Skilled—Designated Area‑sponsored (Provisional) (Class UZ) visa;

                     (c)  a Subclass 475 (Skilled—Regional Sponsored) visa;

                     (d)  a Subclass 487 (Skilled—Regional Sponsored) visa;

                     (e)  a Subclass 489 (Skilled—Regional (Provisional)) visa.

489.312 

                   If the applicant previously held:

                     (a)  a Skilled—Independent Regional (Provisional) (Class UX) visa; or

                     (b)  a Skilled—Designated Area‑sponsored (Provisional) (Class UZ) visa; or

                     (c)  a Subclass 475 (Skilled—Regional Sponsored) visa; or

                     (d)  a Subclass 487 (Skilled—Regional Sponsored) visa;

the applicant has substantially complied with the conditions of that visa.

489.313 

             (1)  The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4010, 4020 and 4021.

             (2)  If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.

             (3)  If the applicant has not turned 18, the applicant satisfies public interest criteria 4017 and 4018.

             (4)  If the primary applicant holds a Subclass 489 visa in the Second Provisional Visa stream, the applicant satisfies public interest criterion 4007.

             (5)  If subclause (4) does not apply, the applicant satisfies public interest criterion 4005.

489.314 

                   The applicant satisfies special return criteria 5001, 5002 and 5010.

489.4—Circumstances applicable to grant

489.411 

                   The applicant may be in or outside Australia when the visa is granted, but not in immigration clearance.

Note:          The second instalment of visa application charge must be paid before the visa can be granted.

489.5—When visa is in effect

489.511 

                   If the applicant satisfied the primary criteria for the grant of a Subclass 489 visa in the First Provisional Visa stream, temporary visa permitting the holder to travel to, enter and remain in Australia for 4 years from the date of grant.

489.512 

                   If the applicant satisfied the primary criteria for the grant of a Subclass 489 visa in the Second Provisional Visa stream, temporary visa permitting the holder to travel to, enter and remain in Australia for 4 years after the date of grant of the provisional visa the applicant held at the time of application.

489.513 

                   If the applicant is a member of the family unit of a person who holds a Subclass 489 visa in the First Provisional Visa stream or the Second Provisional Visa stream, temporary visa permitting the holder to travel to, enter and remain in Australia until the day specified for the applicant who satisfied the primary criteria.

489.514 

                   If the applicant is a member of the family unit of a person who holds:

                     (a)  a Skilled—Independent Regional (Provisional) (Class UX) visa; or

                     (b)  a Skilled—Designated Area‑sponsored (Provisional) (Class UZ) visa; or

                     (c)  a Subclass 475 (Skilled—Regional Sponsored) visa; or

                     (d)  a Subclass 487 (Skilled—Regional Sponsored) visa;

temporary visa permitting the holder to travel to, enter and remain in Australia until the day specified for the applicant who satisfied the primary criteria for the grant of the visa mentioned in paragraph (a), (b), (c) or (d).

489.6—Conditions

489.611 

                   If the applicant who satisfied the primary criteria for the grant of the visa was nominated by a State or Territory government agency, condition 8539 must be imposed.

489.612 

                   If the applicant who satisfied the primary criteria for the grant of the visa was sponsored by a person, condition 8549 must be imposed.

489.613 

             (1)  If condition 8539 was imposed on the visa held at the time of application by the applicant who satisfied the primary criteria for the grant of the visa in the Second Provisional Visa stream, condition 8539 must be imposed.

             (2)  If:

                     (a)  an applicant is granted a Subclass 489 visa on the basis of satisfying the secondary criteria; and

                     (b)  the applicant who satisfied the primary criteria also holds another General Skilled Migration visa on which condition 8539 has been imposed;

condition 8539 must be imposed.

489.614 

             (1)  If condition 8549 was imposed on the visa held at the time of application by the applicant who satisfied the primary criteria for the grant of the visa in the Second Provisional Visa stream, condition 8549 must be imposed.

             (2)  If:

                     (a)  an applicant is granted a Subclass 489 visa on the basis of satisfying the secondary criteria; and

                     (b)  the applicant who satisfied the primary criteria also holds another General Skilled Migration visa on which condition 8549 has been imposed;

condition 8549 must be imposed.

489.615 

                   If the applicant is outside Australia when the visa is granted:

                     (a)  first entry must be made before a date specified by the Minister; and

                     (b)  if the applicant satisfies the secondary criteria for the grant of the visa, condition 8515 may be imposed.

Subclass 570Independent ELICOS Sector

570.1—Interpretation

570.111 

                   In this Part:

course fees has the same meaning as in Schedule 5A.

course of study means a full‑time registered course of study.

Note:          To work out whether a course of study is a principal course, see subregulation 1.40(2).

full period has the same meaning as in Schedule 5A.

fully funded has the same meaning as in Schedule 5A.

living costs has the same meaning as in Schedule 5A.

travel costs has the same meaning as in Schedule 5A.

Note:          For foreign country, see section 2B of the Acts Interpretation Act 1901.

570.2—Primary criteria

Note:          The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.

570.21—Criteria to be satisfied at time of application

570.211 

             (1)  If the application is made in Australia, the applicant meets the requirements of subclause (2), (3), (4), (5) or (6).

             (2)  An applicant meets the requirements of this subclause if the applicant is:

                     (a)  the holder of a visa of one of the following classes or subclasses:

                              (i)  Border (Temporary) (Class TA);

                            (iii)  Cultural/Social (Temporary) (Class TE);

                            (iv)  Educational (Temporary) (Class TH);

                             (v)  Electronic Travel Authority (Class UD);

                          (ixa)  Maritime Crew (Temporary) (Class ZM);

                             (x)  Medical Practitioner (Temporary) (Class UE);

                            (xi)  Retirement (Temporary) (Class TQ);

                          (xiii)  Student (Temporary) (Class TU);

                        (xiiia)  Superyacht Crew (Temporary) (Class UW);

                           (xv)  Temporary Business Entry (Class UC);

                         (xva)  Subclass 400 (Temporary Work (Short Stay Activity));

                         (xvb)  Tourist (Class TR);

                         (xvc)  Visitor (Class TV);

                          (xvi)  Working Holiday (Temporary) (Class TZ);

                         (xvii)  Temporary Work (Long Stay Activity) (Class GB);

                        (xviii)  Training and Research (Class GC);

                      (xviiia)  Subclass 403 (Temporary Work (International Relations)) other than a visa in the Domestic Worker (Diplomatic or Consular) stream;

                          (xix)  Temporary Work (Entertainment) (Class GE);

                           (xx)  Special Program (Temporary) (Class TE);

                          (xxi)  Subclass 600 (Visitor); or

                     (b)  the holder, as the spouse, de facto partner or a dependent relative of a diplomatic or consular representative of a foreign country, of a Diplomatic (Temporary) (Class TF) visa; or

                     (c)  the holder of a special purpose visa; or

                     (d)  the holder of a visa of one of the following subclasses:

                              (i)  Subclass 303 (Emergency (Temporary Visa Applicant));

                             (ii)  Subclass 427 (Domestic Worker (Temporary)—Executive).

             (3)  An applicant meets the requirements of this subclause if:

                     (a)  the applicant is not the holder of a substantive visa; and

                     (b)  the last substantive visa held by the applicant was:

                              (i)  a student visa; or

                             (ii)  a special purpose visa; or

                            (iii)  a Subclass 303 (Emergency (Temporary Visa Applicant)) visa; or

                            (iv)  a Diplomatic (Temporary) (Class TF) visa granted to the holder as the spouse, de facto partner or a dependent relative, of a diplomatic or consular representative of a foreign country; and 

                     (c)  the application is made within 28 days (or within such period specified in a legislative instrument made by the Minister) after:

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

                             (ii)  if that last substantive visa 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:

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

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

                     (d)  the applicant satisfies Schedule 3 criterion 3005.

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

                     (a)  the applicant:

                              (i)  is the holder of a Subclass 560, 562 or 570 visa that is subject to condition 8101; or

                             (ii)  is the holder of a Subclass 572 visa:

                                        (A)  granted on the basis that the applicant proposed to commence, or had commenced, an ELICOS as a principal course; and

                                        (B)  that is subject to condition 8101; and

                     (b)  the application was made on form 157P or 157P (Internet); and

                     (c)  the applicant gives to the Minister evidence that the applicant has commenced an ELICOS.

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

                     (a)  the applicant:

                              (i)  is the holder of a Subclass 560, 562 or 570 visa; or

                             (ii)  is the holder of a Subclass 572 visa granted on the basis that the applicant proposed to commence, or had commenced, an ELICOS as a principal course; and

                     (c)  the applicant gives to the Minister evidence of an offer of a place with an education provider of an ELICOS other than the education provider of the ELICOS for which the visa held was granted; and

                     (d)  the Minister is satisfied that there are exceptional circumstances justifying the change in enrolment. 

             (6)  An applicant meets the requirements of this subclause if:

                     (a)  the applicant is the holder of a Subclass 571, 572, 573, 574, 575 or 576 visa; and

                     (b)  the application was made on form 157A or 157A (Internet); and

                     (c)  the applicant gives to the Minister evidence of an offer of a place with an education provider of an ELICOS other than the education provider of the course, or courses, of study for which the visa held was granted; and

                     (d)  the Minister is satisfied that there are exceptional circumstances justifying the change in enrolment.

570.22—Criteria to be satisfied at time of decision

570.221 

             (1)  Unless, at the time of application, the applicant met the requirements of subclause 570.211(4) or (5), the applicant satisfies the criteria in clauses 570.222 to 570.234.

             (2)  If, at the time of application, the applicant met the requirements of subclause 570.211(4):

                     (a)  the applicant continues to meet the requirements of paragraph 570.211(4)(a); and

                     (b)  either:

                              (i)  both of the following:

                                        (A)  the Minister has no reason to believe that the applicant is not a genuine student;

                                        (B)  if the applicant had turned 18 at the time of application, the applicant satisfies paragraph 570.224(ba); or

                             (ii)  the applicant satisfies the criteria in clauses 570.223 to 570.234.

             (3)  If, at the time of application, the applicant met the requirements of subclause 570.211(5):

                     (a)  the applicant continues to meet the requirements of paragraphs 570.211(5)(a) and (d); and

                     (b)  either:

                              (i)  the Minister has no reason to believe that the applicant is not a genuine student; or

                             (ii)  the applicant satisfies the criteria in clauses 570.222 to 570.234.

570.222 

             (1)  Except if subclause (2) applies or if the application was made on form 157E, the applicant gives to the Minister a certificate of enrolment relating to the applicant undertaking a full‑time ELICOS (an acceptable ELICOS):

                     (a)  that has been specified in a legislative instrument made by the Minister under regulation 1.40A; and

                     (b)  the provider of which is not a suspended education provider. 

             (2)  If a failure of electronic transmission has prevented an education provider from sending a certificate of enrolment and the Minister is satisfied that the applicant needs to travel urgently, the applicant gives to the Minister satisfactory evidence that the applicant is enrolled in an acceptable ELICOS.

             (3)  If the application was made on form 157E, the applicant is enrolled in an acceptable ELICOS.

570.223 

             (1)  The Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student because:

                     (a)  the Minister is satisfied that the applicant intends genuinely to stay in Australia temporarily, having regard to:

                              (i)  the applicant’s circumstances; and

                             (ii)  the applicant’s immigration history; and

                            (iii)  if the applicant is a minor—the intentions of a parent, legal guardian or spouse of the applicant; and

                            (iv)  any other relevant matter; and

                     (b)  the applicant meets the requirements of subclause (2).

             (2)  An applicant meets the requirements of this subclause if:

                     (a)  the applicant gives to the Minister evidence, in accordance with the requirements mentioned in Schedule 5A for Subclass 570 and the assessment level to which the applicant is subject, in relation to:

                              (i)  the applicant’s English language proficiency for the purposes of each ELICOS that the applicant proposes to undertake; and

                             (ii)  the financial capacity of the applicant to undertake each of those ELICOS without contravening any condition of the visa relating to work; and

                            (iii)  other requirements under Schedule 5A; and

                     (b)  the Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student, having regard to:

                              (i)  the stated intention of the applicant to comply with any conditions subject to which the visa is granted; and

                             (ii)  any other relevant  matter; and

                     (c)  the Minister is satisfied that, while the applicant holds the visa, the applicant will have access to the funds demonstrated or declared in accordance with the requirements in Schedule 5A relating to the applicant’s financial capacity.

570.224 

                   The applicant:

                     (a)  satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4012A, 4013, 4014 and 4020; and

                     (b)  if the applicant seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010; and

                   (ba)  if the applicant had turned 18 at the time of application, satisfies public interest criterion 4019; and

                     (c)  if the applicant is applying outside Australia and the applicant has previously been in Australia, satisfies special return criteria 5001, 5002 and 5010. 

570.225 

                   The applicant gives to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

570.227 

                   If:

                     (a)  the application was made in Australia; and

                     (b)  subject to clause 570.227A, the applicant is subject to the highest assessment level for the relevant course of study; and

                     (c)  at the time of application, the applicant met the requirements of clause 570.211:

                              (i)  as the holder of a visa of one of the following classes or subclasses:

                                        (A)  Border (Temporary) (Class TA);

                                        (C)  Cultural/Social (Temporary) (Class TE);

                                        (D)  Educational (Temporary) (Class TH);

                                         (E)  Electronic Travel Authority (Class UD);

                                       (IA)  Maritime Crew (Temporary) (Class ZM);

                                         (J)  Medical Practitioner (Temporary) (Class UE);

                                        (K)  Retirement (Temporary) (Class TQ);

                                      (LA)  Superyacht Crew (Temporary) (Class UW);

                                        (N)  Temporary Business Entry (Class UC);

                                     (NA)  Subclass 400 (Temporary Work (Short Stay Activity));

                                      (NB)  Tourist (Class TR);

                                      (NC)  Visitor (Class TV);

                                        (O)  Working Holiday (Temporary) (Class TZ);

                                         (P)  Temporary Work (Long Stay Activity) (Class GB);

                                        (Q)  Training and Research (Class GC);

                                     (QA)  Subclass 403 (Temporary Work (International Relations)) other than a visa in the Domestic Worker (Diplomatic or Consular) stream;

                                        (R)  Temporary Work (Entertainment) (Class GE);

                                         (S)  Special Program (Temporary) (Class TE);

                                         (T)  Subclass 600 (Visitor); or

                             (ii)  as the holder of a special purpose visa; or

                            (iii)  as the holder of a visa of one of the following subclasses:

                                        (A)  Subclass 303 (Emergency (Temporary Visa Applicant));

                                        (B)  Subclass 427 (Domestic Worker (Temporary)—Executive); or

                            (iv)  as a person:

                                        (A)  who was not the holder of a substantive visa; and

                                        (B)  who, immediately before ceasing to hold a substantive visa, was the holder of a visa mentioned in subparagraph (i), (ii) or (iii);

the applicant establishes exceptional reasons for the grant of a Subclass 570 visa.

570.227A 

                   For paragraph 570.227(b), the highest assessment level does not include assessment level 1.

570.228 

                   If the application was made in Australia and, at the time of application, the applicant was in Australia as the spouse, de facto partner or dependent relative of a diplomatic or consular representative of a country other than Australia:

                     (a)  that representative has completed, or is about to complete, an official posting in Australia; and

                     (b)  the Foreign Minister recommends the grant of the visa.

570.229 

                   If the applicant is subject to assessment level 3, the aggregate of the period, or periods, of ELICOS that the applicant is seeking to undertake, together with the period, or periods, of any previous ELICOS undertaken as the holder of a Subclass 570, 571, 572, 573, 574, 575 or 576 visa, or any subsequent bridging visa, does not exceed 60 weeks.

570.230 

                   If:

                     (a)  the application was made in Australia; and

                     (b)  either:

                              (i)  the applicant is the holder of a student visa that is subject to condition 8535; or

                             (ii)  the last substantive visa held by the applicant was a student visa that was subject to condition 8535; and

                     (c)  the applicant is, or was, provided financial support by the Commonwealth or the government of a foreign country in relation to the student visa;

the applicant gives to the Minister evidence, in writing, that the Commonwealth or the government of the foreign country, as the case requires, does not oppose the applicant undertaking an ELICOS. 

570.230A 

                   If the applicant is a Foreign Affairs student or a Foreign Affairs recipient, the applicant has the support of the Foreign Minister for the grant of the visa.

570.231 

                   The applicant holds a passport of a kind specified in a legislative instrument made by the Minister under regulation 1.40.

570.232 

                   The applicant is enrolled in, or is the subject of a current offer of enrolment in, a course of study that is:

                     (a)  a principal course; and

                     (b)  of a type that was specified for Subclass 570 visas by the Minister in a legislative instrument:

                              (i)  made under regulation 1.40A; and

                             (ii)  in force at the time the application was made.

570.233 

                   If the applicant is subject to assessment level 2, the Minister is satisfied 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.

570.234 

                   If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

570.3—Secondary criteria

Note:          Requirements to be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.

570.31—Criteria to be satisfied at time of application

570.311 

                   If the application is made outside Australia, the applicant is a member of the family unit of:

                     (a)  a person who is the holder of a Subclass 560 or 562 visa; or

                     (b)  a person who satisfies, or has satisfied, the primary criteria in Subdivision 570.21.

570.312 

             (1)  If the application is made in Australia, the applicant meets the requirements of subclause (2), (3), (4) or (5).

             (2)  An applicant meets the requirements of this subclause if the applicant is the holder of:

                     (a)  a visa of one of the following classes or subclasses:

                              (i)  Border (Temporary) (Class TA);

                            (iii)  Cultural/Social (Temporary) (Class TE);

                            (iv)  Educational (Temporary) (Class TH);

                             (v)  Electronic Travel Authority (Class UD);

                          (ixa)  Maritime Crew (Temporary) (Class ZM);

                             (x)  Medical Practitioner (Temporary) (Class UE);

                            (xi)  Retirement (Temporary) (Class TQ);

                          (xiii)  Student (Temporary) (Class TU);

                        (xiiia)  Superyacht Crew (Temporary) (Class UW);

                           (xv)  Temporary Business Entry (Class UC);

                         (xva)  Subclass 400 (Temporary Work (Short Stay Activity));

                         (xvb)  Tourist (Class TR);

                         (xvc)  Visitor (Class TV);

                          (xvi)  Working Holiday (Temporary) (Class TZ);

                         (xvii)  Temporary Work (Long Stay Activity) (Class GB);

                        (xviii)  Training and Research (Class GC);

                      (xviiia)  Subclass 403 (Temporary Work (International Relations)) other than a visa in the Domestic Worker (Diplomatic or Consular) stream;

                          (xix)  Temporary Work (Entertainment) (Class GE);

                           (xx)  Special Program (Temporary) (Class TE);

                          (xxi)  Subclass 600 (Visitor); or

                     (b)  a Diplomatic (Temporary) (Class TF) visa granted to the holder as the spouse, de facto partner or a dependent relative, of a diplomatic or consular representative of a foreign country; or

                     (c)  a special purpose visa; or

                     (d)  a visa of one of the following subclasses:

                              (i)  Subclass 303 (Emergency (Temporary Visa Applicant));

                             (ii)  Subclass 427 (Domestic Worker (Temporary)—Executive).

             (3)  An applicant meets the requirements of this subclause if:

                     (a)  the applicant does not hold a substantive visa; and

                     (b)  the applicant is a member of the family unit of a person who meets the requirements of subclause 570.211(3); and

                     (c)  the applicant was a member of the family unit of the person at the time that person’s visa ceased to be in effect.

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

                     (a)  the applicant is the holder of a Subclass 560, 570 or 572 visa that is subject to condition 8101; and

                     (b)  for an applicant who is the holder of a Subclass 560 or 570 visa, the applicant:

                              (i)  is a member of the family unit of a person (the primary person) who holds a Subclass 560, 562 or 570 visa; and

                             (ii)  gives to the Minister evidence that the primary person has commenced an ELICOS; and

                     (c)  for an applicant who is the holder of a Subclass 572 visa:

                              (i)  the visa was granted on the basis that the applicant was a member of the family unit of a person (the primary person) who was the holder of a student visa granted on the basis that the primary person proposed to commence, or had commenced, an ELICOS as a principal course; and

                             (ii)  the applicant gives to the Minister evidence that the primary person has commenced an ELICOS; and

                     (d)  the application was made on form 157P or 157P (Internet).

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

                     (a)  the applicant does not hold a substantive visa; and

                     (b)  the applicant is a member of the family unit of a person:

                              (i)  who is the holder of a Subclass 560, 562 or 570 visa, having satisfied the primary criteria for that visa; or

                             (ii)  who is the holder of a Subclass 572 visa granted on the basis that the person proposed to commence, or had commenced, an ELICOS as a principal course.

570.314  

             (1)  If the applicant claims to be a member of the family unit of a person (the primary person) who holds a student visa having satisfied the primary criteria for that visa, the applicant meets subclause (2) or (3).

             (2)  The applicant meets this subclause if:

                     (a)  the applicant became a member of the family unit of the primary person before the grant of the student visa to the primary person; and

                     (b)  the applicant was included in the primary person’s application under subregulation 2.07AF(3) or in information provided in relation to the primary person’s application under subregulation 2.07AF(4).

             (3)  The applicant meets this subclause if the applicant became a member of the family unit of the primary person:

                     (a)  after the grant of the student visa to the primary person; and

                     (b)  before the application was made.

570.315 

                   The applicant is not a secondary exchange student. 

570.32—Criteria to be satisfied at time of decision

570.321 

             (1)  Unless, at the time of application, the applicant met the requirements of subclause 570.312(4), the applicant satisfies the criteria in clauses 570.322 to 570.332. 

             (2)  If, at the time of application, the applicant met the requirements of subclause 570.312(4):

                     (a)  the applicant continues to meet the requirements of paragraphs 570.312(4)(a) and (c); and

                     (b)  either:

                              (i)  both of the following:

                                        (A)  the Minister has no reason to believe that the applicant is not a genuine applicant for entry and stay as a member of the family unit of the primary person mentioned in clause 570.322;

                                        (B)  if the applicant had turned 18 at the time of application, the applicant satisfies paragraph 570.323(b); or

                             (ii)  the applicant satisfies the criteria in clauses 570.322 to 570.332.

570.322 

                   The applicant is a member of the family unit of a person (the primary person):

                     (a)  who is the holder of a Subclass 560 or 562 visa and who meets one of the following:

                              (i)  the primary person is a citizen of a gazetted country within the meaning of Part 560 as it read immediately before 1 July 2001;

Note:       Under former clause 560.111, gazetted country meant a country specified by Gazette Notice for the purpose of Part 560.

                             (ii)  the primary person is undertaking a course of study paid for, wholly or in part, by:

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

                                        (B)  the government of a foreign country; or

                                        (C)  a multilateral agency;

                            (iii)  the primary person:

                                        (A)  will be, or has been, granted a visa in relation to an ELICOS that is, or to ELICOS that are together, of a duration of 12 months or more; or

                                        (B)  has been lawfully in Australia for 12 months or more; or

                     (b)  who satisfies, or has satisfied, the primary criteria in Subdivisions 570.21 and 570.22 and who meets one of the following:

                              (i)  the primary person is subject to assessment level 1 or 2;

                             (ii)  the primary person is undertaking a course of study paid for, wholly or in part, by:

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

                                        (B)  the government of a foreign country; or

                                        (C)  a multilateral agency;

                            (iii)  the primary person:

                                        (A)  will be, or has been, granted a visa in relation to an ELICOS that is, or to ELICOS that are together, of a duration of 12 months or more; or

                                        (B)  has been lawfully in Australia for 12 months or more.

570.323 

                   The applicant:

                     (a)  satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4013, 4014, 4020 and 4021; and

                     (b)  if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

570.324 

                   If the applicant seeks to stay in Australia for 12 months or more, the applicant satisfies public interest criterion 4010. 

570.325 

                   If the application is made outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

570.326 

                   The Minister is satisfied that:

                    (aa)  the applicant intends genuinely to stay in Australia temporarily, having regard to:

                              (i)  the applicant’s circumstances; and

                             (ii)  the applicant’s immigration history; and

                            (iii)  if the applicant is a minor—the intentions of a parent, legal guardian or spouse of the applicant; and

                            (iv)  any other relevant matter; and

                     (a)  the applicant is a genuine applicant for entry and stay as a member of the family unit of the primary person mentioned in clause 570.322; and

                     (b)  that primary person has adequate means to support himself or herself and the members of his or her family unit during the period of the applicant’s intended stay in Australia; and

                     (c)  on the basis of the applicant’s stated intention, the applicant intends to comply with any conditions subject to which the visa is granted; and

                     (d)  if the applicant is required to give evidence in accordance with Schedule 5B—while the applicant holds the visa, the applicant or the primary person will have access to the funds demonstrated or declared in accordance with the requirements in that Schedule.

570.327 

                   The applicant gives to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

570.328 

                   If:

                     (a)  the applicant is a school‑age dependant of the primary person mentioned in clause 570.322; and

                     (b)  the period of stay proposed in the application is more than 3 months;

the applicant gives to the Minister evidence that adequate arrangements have been made for the education of the applicant in Australia.

570.329 

                   If the application was made outside Australia and made separately from that of the primary person mentioned in clause 570.322:

                     (a)  the primary person is, or is expected soon to be, in Australia; and

                     (b)  a nomination of the applicant by the primary person, on approved form 919, has been lodged and has been approved by the Minister.

570.330 

                   The applicant gives evidence that there are sufficient funds to meet the travel costs for the applicant:

                     (a)  if the applicant is not in Australia—to Australia, and from Australia; or

                     (b)  if the applicant is in Australia—from Australia.

570.331 

                   If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

570.332 

             (1)  If the applicant:

                     (a)  is a member of the family unit of a person (the primary person) to whom subclause (2) applies; and

                     (b)  was not included in the application for a student visa made by the primary person;

the applicant must give evidence, in accordance with Schedule 5B, for the assessment level to which the primary person was subject at the time of the decision in relation to the primary person.

          (1A)  However, if the primary person was subject to assessment level 4 or 5, the applicant must give evidence, in accordance with Schedule 5B, for assessment level 3.

             (2)  This subclause applies to a primary person who:

                     (a)  is the holder of a Subclass 570 visa, granted on the basis of satisfying the primary criteria in Division 570.2; and

                     (b)  was subject to assessment level 2, 3 or 4 at the time of the decision to grant the visa; and

                     (c)  was, at the time of the decision to grant the visa:

                              (i)  fully funded; or

                             (ii)  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, were to be met by:

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

                                        (B)  an organisation specified in a legislative instrument made by the Minister for this paragraph.

             (3)  If the applicant:

                     (a)  is a member of the family unit of a person (the primary person) to whom subclause (4) applies; and

                     (b)  was not included in the application for a student visa made by the primary person;

the Minister must be satisfied 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.

             (4)  This subclause applies to a primary person who:

                     (a)  is the holder of a Subclass 570 visa, granted on the basis of satisfying the primary criteria in Division 570.2; and

                     (b)  was subject to assessment level 2 at the time of the decision to grant the visa; and

                     (c)  was, at the time of the decision to grant the visa:

                              (i)  fully funded; or

                             (ii)  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, were to be met by:

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

                                        (B)  an organisation specified in a legislative instrument made by the Minister for this paragraph.

570.4—Circumstances applicable to grant

570.411 

                   If the application is made outside Australia, the applicant must be outside Australia at the time of grant.

570.412 

                   If the application is made in Australia, the applicant must be in Australia at the time of grant.

570.5—When visa is in effect

570.511 

                   Temporary visa permitting the holder to travel to, enter and remain in Australia:

                     (a)  if the application is made on form 157P or 157P (Internet)—until the date on which the visa held by the applicant at the time of application would have ceased to be in effect; and

                     (b)  otherwise—until a date specified by the Minister.

570.6—Conditions

570.611 

                   If the applicant satisfies the primary criteria:

                     (a)  in all cases, conditions 8105, 8202, 8501, 8516, 8517, 8532 and 8533; and

                     (d)  if the applicant is a citizen of Iran, condition 8204; and

                     (e)  subject to clause 570.612, any 1 or more of conditions 8303, 8523 and 8535 may be imposed.

570.612 

                   If, at the time of application, the applicant was the holder of a Subclass 560, 562, 570, 571, 572, 573, 574, 575 or 576 visa that was subject to condition 8523 and the applicant satisfies the primary criteria, condition 8523.

570.613 

             (1)  If the applicant:

                     (a)  satisfies the primary criteria; and

                     (b)  is subject to assessment level 3; and

                     (c)  is seeking to undertake an ELICOS that is, or ELICOS that are together, of 10 months duration or less; and

                     (d)  is not an applicant to whom subclause (2) applies;

condition 8534.

             (2)  If the applicant:

                     (a)  satisfies the primary criteria; and

                     (b)  is subject to assessment level 3; and

                     (c)  gives to the Minister the evidence mentioned in subclause (3);

condition 8534 may be imposed.

             (3)  For subclause (2), the evidence is:

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

                              (i)  living costs, within the meaning of subclause 5A104(1);

                             (ii)  school costs, within the meaning of subclause 5A104(2); and

                     (b)  evidence that the applicant has a further amount, specified by the Minister in an instrument in writing for this paragraph, in funds from an acceptable source; 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.

             (4)  For paragraphs (3)(a) and (b), the funds must be in addition to the funds for which the applicant provided evidence for subclause 5A208(1).

             (5)  If the applicant satisfies the secondary criteria as a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 570 visa that is subject to condition 8534, condition 8534.

             (6)  In this clause:

funds from an acceptable source has the meaning given by subclause 5A208(2).

570.614 

             (1)  If the applicant (the primary applicant) is subject to assessment level 1 or 2 and is seeking to undertake an ELICOS that is, or ELICOS that are together, of 10 months duration or less, condition 8534 may be imposed.

             (2)  If the applicant satisfies the secondary criteria as a member of the family unit of the primary applicant, condition 8534 may be imposed.

570.615 

             (1)  If the applicant (the primary applicant) is seeking to undertake an ELICOS that is, or ELICOS that are together, of more than 10 months duration, condition 8534 may be imposed.

             (2)  If the applicant satisfies the secondary criteria as a member of the family unit of the primary applicant, condition 8534 may be imposed.

570.616 

             (1)  If the applicant satisfies the secondary criteria:

                     (a)  in all cases:

                              (i)  conditions 8501 and 8516; and

                             (ii)  condition 8518 (except if the visa is granted to an applicant who has turned 18); and

                     (b)  if the applicant is a citizen of Iran, condition 8204; and

                     (c)  subject to subclause (2), condition 8201 must be imposed if the applicant has turned 18; and

                     (d)  any 1 or more of conditions 8303, 8522 and 8535 may be imposed. 

             (2)  Condition 8201 is not imposed on a student visa granted to an applicant who has turned 18 if, at the time of the application:

                     (a)  the applicant was the holder of a Subclass 560 visa as a person who satisfied the secondary criteria in Subdivision 560.31 and 560.32; or

                     (b)  the applicant was the holder of a Subclass 563 visa; or

                     (c)  the applicant was:

                              (i)  the holder of a Subclass 570, 571, 572, 573, 574, 575 or 576 visa as a person who satisfied the secondary criteria for the subclass; and

                             (ii)  immediately before being granted the Subclass 570, 571, 572, 573, 574, 575 or 576 visa, the holder of a Subclass 560 or 563 visa that was subject to condition 8101. 

570.617 

                   If the applicant satisfies the secondary criteria, condition 8104.

Subclass 571Schools Sector

571.1—Interpretation

571.111 

                   In this Part:

course fees has the same meaning as in Schedule 5A.

course of study means:

                     (a)  in relation to a secondary exchange student—a full‑time course of study under a secondary school student exchange program approved by the State or Territory education authority that administers the program; or

                     (b)  in any other case—a full‑time registered course of study.

Note 1:       secondary exchange student is defined in regulation 1.03.

Note 2:       To work out whether a course of study is a principal course, see subregulation 1.40(2).

full period has the same meaning as in Schedule 5A.

fully funded has the same meaning as in Schedule 5A.

living costs has the same meaning as in Schedule 5A.

travel costs has the same meaning as in Schedule 5A.

Note:          For foreign country, see section 2B of the Acts Interpretation Act 1901.

571.2—Primary criteria

Note:          The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.

571.21—Criteria to be satisfied at time of application

571.211 

             (1)  If the application is made in Australia, the applicant meets the requirements of subclause (2), (3), (4) or (6).

             (2)  An applicant meets the requirements of this subclause if the applicant is:

                     (a)  the holder of a visa of one of the following classes or subclasses:

                              (i)  Border (Temporary) (Class TA);

                            (iii)  Cultural/Social (Temporary) (Class TE);

                            (iv)  Educational (Temporary) (Class TH);

                             (v)  Electronic Travel Authority (Class UD);

                          (ixa)  Maritime Crew (Temporary) (Class ZM);

                             (x)  Medical Practitioner (Temporary) (Class UE);

                            (xi)  Retirement (Temporary) (Class TQ);

                          (xiii)  Student (Temporary) (Class TU);

                        (xiiia)  Superyacht Crew (Temporary) (Class UW);

                           (xv)  Temporary Business Entry (Class UC);

                         (xva)  Subclass 400 (Temporary Work (Short Stay Activity));

                         (xvb)  Tourist (Class TR);

                         (xvc)  Visitor (Class TV);

                          (xvi)  Working Holiday (Temporary) (Class TZ);

                         (xvii)  Temporary Work (Long Stay Activity) (Class GB);

                        (xviii)  Training and Research (Class GC);

                      (xviiia)  Subclass 403 (Temporary Work (International Relations)) other than a visa in the Domestic Worker (Diplomatic or Consular) stream;

                          (xix)  Temporary Work (Entertainment) (Class GE);

                           (xx)  Special Program (Temporary) (Class TE);

                          (xxi)  Subclass 600 (Visitor); or

                     (b)  the holder, as the spouse, de facto partner or a dependent relative of a diplomatic or consular representative of a foreign country, of a Diplomatic (Temporary) (Class TF) visa; or

                     (c)  the holder of a special purpose visa; or

                     (d)  the holder of a visa of one of the following subclasses:

                              (i)  Subclass 303 (Emergency (Temporary Visa Applicant));

                             (ii)  Subclass 427 (Domestic Worker (Temporary)—Executive).

             (3)  An applicant meets the requirements of this subclause if:

                     (a)  the applicant is not the holder of a substantive visa; and

                     (b)  the last substantive visa held by the applicant was:

                              (i)  a student visa; or

                             (ii)  a special purpose visa; or

                            (iii)  a Subclass 303 (Emergency (Temporary Visa Applicant)) visa; or

                            (iv)  a Diplomatic (Temporary) (Class TF) visa granted to the holder as the spouse, de facto partner or a dependent relative, of a diplomatic or consular representative of a foreign country; and

                     (c)  the application is made within 28 days (or within such period specified in a legislative instrument made by the Minister) after:

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

                             (ii)  if that last substantive visa 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:

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

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

                     (d)  the applicant satisfies Schedule 3 criterion 3005.

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

                     (a)  the applicant is the holder of a Subclass 560, 562 or 571 visa that is subject to condition 8101; and

                     (b)  the application was made on form 157P or 157P (Internet); and

                     (c)  the applicant gives to the Minister evidence that the applicant has commenced a course of study for which the visa held was granted.

             (6)  An applicant meets the requirements of this subclause if:

                     (a)  the applicant is the holder of a Subclass 570, 572, 573, 575 or 576 visa; and

                     (b)  the application was made on form 157A or 157A (Internet); and

                     (c)  except if the applicant is a secondary exchange student, the applicant gives to the Minister evidence of an offer of a place with an education provider of a course of study other than the education provider of a course of study for which the visa held was granted; and

                     (d)  the Minister is satisfied that there are exceptional circumstances justifying the change in enrolment.

571.22—Criteria to be satisfied at time of decision

571.221 

             (1)  Unless, at the time of application, the applicant met the requirements of subclause 571.211(4), the applicant satisfies the criteria in clauses 571.222 to 571.236.

             (2)  If, at the time of application, the applicant met the requirements of subclause 571.211(4):

                     (a)  the applicant continues to meet the requirements of paragraph 571.211(4)(a); and

                     (b)  either:

                              (i)  both of the following:

                                        (A)  the Minister has no reason to believe that the applicant is not a genuine student;

                                        (B)  if the applicant had turned 18 at the time of application, the applicant satisfies paragraph 571.224(ba); or

                             (ii)  the applicant satisfies the criteria in clauses 571.223 to 571.236.

571.222 

             (1)  Except if:

                     (a)  subclause (2) applies; or

                     (b)  the application was made on form 157E; or

                     (c)  the applicant is a secondary exchange student;

the applicant gives to the Minister a certificate of enrolment relating to the applicant undertaking a course of study the provider of which is not a suspended education provider (an acceptable course).

             (2)  If a failure of electronic transmission has prevented an education provider from sending a certificate of enrolment and the Minister is satisfied that the applicant needs to travel urgently, the applicant gives to the Minister satisfactory evidence that the applicant is enrolled in an acceptable course.

             (3)  If the application was made on form 157E, the applicant is enrolled in an acceptable course.

             (4)  If the applicant is a secondary exchange student, the applicant is enrolled in an acceptable course. 

571.223 

             (1)  The Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student because:

                     (a)  the Minister is satisfied that the applicant intends genuinely to stay in Australia temporarily, having regard to:

                              (i)  the applicant’s circumstances; and

                             (ii)  the applicant’s immigration history; and

                            (iii)  if the applicant is a minor—the intentions of a parent, legal guardian or spouse of the applicant; and

                            (iv)  any other relevant matter; and

                     (b)  the applicant meets the requirements of subclause (2).

             (2)  An applicant meets the requirements of this subclause if:

                     (a)  the applicant gives the Minister evidence in accordance with the requirements mentioned in Schedule 5A for the highest assessment level for the applicant; and

                     (b)  the Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student, having regard to:

                              (i)  the stated intention of the applicant to comply with any conditions subject to which the visa is granted; and

                             (ii)  any other relevant matter; and

                     (c)  the Minister is satisfied that, while the applicant holds the visa, the applicant will have access to the funds demonstrated or declared in accordance with the requirements in Schedule 5A relating to the applicant’s financial capacity.

571.224 

                   The applicant:

                     (a)  satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4012A, 4013, 4014 and 4020; and

                     (b)  if the applicant seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010; and

                   (ba)  if the applicant had turned 18 at the time of application, satisfies public interest criterion 4019; and

                     (c)  if the applicant is applying outside Australia and the applicant has previously been in Australia, satisfies special return criteria 5001, 5002 and 5010. 

571.225 

                   The applicant gives to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

571.227 

                   If:

                     (a)  the application was made in Australia; and

                     (b)  subject to clause 571.227A, the applicant is subject to the highest assessment level for the relevant course of study; and

                     (c)  at the time of application, the applicant met the requirements of clause 571.211:

                              (i)  as the holder of a visa of one of the following classes or subclasses:

                                        (A)  Border (Temporary) (Class TA);

                                        (C)  Cultural/Social (Temporary) (Class TE);

                                        (D)  Educational (Temporary) (Class TH);

                                         (E)  Electronic Travel Authority (Class UD);

                                       (IA)  Maritime Crew (Temporary) (Class ZM);

                                         (J)  Medical Practitioner (Temporary) (Class UE);

                                        (K)  Retirement (Temporary) (Class TQ);

                                      (LA)  Superyacht Crew (Temporary) (Class UW);

                                        (N)  Temporary Business Entry (Class UC);

                                     (NA)  Subclass 400 (Temporary Work (Short Stay Activity));

                                      (NB)  Tourist (Class TR);

                                      (NC)  Visitor (Class TV);

                                        (O)  Working Holiday (Temporary) (Class TZ);

                                         (P)  Temporary Work (Long Stay Activity) (Class GB);

                                        (Q)  Training and Research (Class GC);

                                     (QA)  Subclass 403 (Temporary Work (International Relations)) other than a visa in the Domestic Worker (Diplomatic or Consular) stream;

                                        (R)  Temporary Work (Entertainment) (Class GE);

                                         (S)  Special Program (Temporary) (Class TE);

                                         (T)  Subclass 600 (Visitor); or

                             (ii)  as the holder of a special purpose visa; or

                            (iii)  as the holder of a visa of one of the following subclasses:

                                        (A)  Subclass 303 (Emergency (Temporary Visa Applicant));

                                        (B)  Subclass 427 (Domestic Worker (Temporary)—Executive); or

                            (iv)  as a person:

                                        (A)  who was not the holder of a substantive visa; and

                                        (B)  who, immediately before ceasing to hold a substantive visa, was the holder of a visa mentioned in subparagraph (i), (ii) or (iii);

the applicant establishes exceptional reasons for the grant of a Subclass 571 visa.

571.227A 

                   For paragraph 571.227(b), the highest assessment level does not include assessment level 1.

571.228 

                   If the application was made in Australia and, at the time of application, the applicant was in Australia as the spouse, de facto partner or dependent relative of a diplomatic or consular representative of a country other than Australia:

                     (a)  that representative has completed, or is about to complete, an official posting in Australia; and

                     (b)  the Foreign Minister recommends the grant of the visa.

571.229 

                   If:

                     (a)  the application was made in Australia; and

                     (b)  either:

                              (i)  the applicant is the holder of a student visa that is subject to condition 8535; or

                             (ii)  the last substantive visa held by the applicant was a student visa that was subject to condition 8535; and

                     (c)  the applicant is, or was, provided financial support by the Commonwealth or the government of a foreign country in relation to the student visa;

the applicant gives to the Minister evidence, in writing, that the Commonwealth or the government of the foreign country, as the case requires, does not oppose the applicant undertaking a course of study. 

571.229A 

                   If the applicant is a Foreign Affairs student or a Foreign Affairs recipient, the applicant has the support of the Foreign Minister for the grant of the visa.

571.230 

                   The applicant holds a passport of a kind specified in a legislative instrument made by the Minister under regulation 1.40.

571.231 

                   If the applicant is subject to assessment level 3, the Minister is satisfied that the applicant is of an age that is appropriate to the entry level for the applicant’s principal course. 

571.232 

                   The applicant is enrolled in, or is the subject of a current offer of enrolment in, a course of study that is:

                     (a)  a principal course; and

                     (b)  of a type that was specified for Subclass 571 visas by the Minister in a legislative instrument:

                              (i)  made under regulation 1.40A; and

                             (ii)  in force at the time the application was made.

571.233 

                   If the applicant is subject to assessment level 2, the Minister is satisfied 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.

571.234 

                   If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

571.235 

                   If the applicant is subject to assessment level 3, the aggregate of the period, or periods, of ELICOS that the applicant is seeking to undertake, together with the period, or periods, of any previous ELICOS undertaken as the holder of a Subclass 570, 571, 572, 573, 574, 575 or 576 visa, or any subsequent bridging visa, does not exceed 60 weeks.

571.236 

                   If the applicant is not a secondary exchange student, the year or level of school study that the applicant intends to undertake must not be a year or level that is more than 18 months below a year or level that the applicant has previously undertaken in Australia or another country.

571.3—Secondary criteria

Note:          Requirements to be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.

571.31—Criteria to be satisfied at time of application

571.311 

                   If the application is made outside Australia, the applicant is a member of the family unit of:

                     (a)  a person who is the holder of a Subclass 560 or 562 visa; or

                     (b)  a person who satisfies, or has satisfied, the primary criteria in Subdivision 571.21.

571.312 

             (1)  If the application is made in Australia, the applicant meets the requirements of subclause (2), (3), (4) or (5).

             (2)  An applicant meets the requirements of this subclause if the applicant is:

                     (a)  the holder of a visa of one of the following classes or subclasses:

                              (i)  Border (Temporary) (Class TA);

                            (iii)  Cultural/Social (Temporary) (Class TE);

                            (iv)  Educational (Temporary) (Class TH);

                             (v)  Electronic Travel Authority (Class UD);

                          (ixa)  Maritime Crew (Temporary) (Class ZM);

                             (x)  Medical Practitioner (Temporary) (Class UE);

                            (xi)  Retirement (Temporary) (Class TQ);

                          (xiii)  Student (Temporary) (Class TU);

                        (xiiia)  Superyacht Crew (Temporary) (Class UW);

                           (xv)  Temporary Business Entry (Class UC);

                         (xva)  Subclass 400 (Temporary Work (Short Stay Activity));

                         (xvb)  Tourist (Class TR);

                         (xvc)  Visitor (Class TV);

                          (xvi)  Working Holiday (Temporary) (Class TZ);

                         (xvii)  Temporary Work (Long Stay Activity) (Class GB);

                        (xviii)  Training and Research (Class GC);

                      (xviiia)  Subclass 403 (Temporary Work (International Relations)) other than a visa in the Domestic Worker (Diplomatic or Consular) stream;

                          (xix)  Temporary Work (Entertainment) (Class GE);

                           (xx)  Special Program (Temporary) (Class TE);

                          (xxi)  Subclass 600 (Visitor); or

                     (b)  the holder of a Diplomatic (Temporary) (Class TF) visa granted to the holder as the spouse, de facto partner or a dependent relative, of a diplomatic or consular representative of a foreign country; or

                     (c)  the holder of a special purpose visa; or

                     (d)  the holder of a visa of one of the following subclasses:

                              (i)  Subclass 303 (Emergency (Temporary Visa Applicant));

                             (ii)  Subclass 427 (Domestic Worker (Temporary)—Executive).

             (3)  An applicant meets the requirements of this subclause if:

                     (a)  the applicant does not hold a substantive visa; and

                     (b)  the applicant is a member of the family unit of a person who meets the requirements of subclause 571.211(3); and

                     (c)  the applicant was a member of the family unit of the person at the time that person’s visa ceased to be in effect.

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

                     (a)  the applicant is the holder of a Subclass 560 or 571 visa that is subject to condition 8101; and

                     (b)  the application was made on form 157P or 157P (Internet); and

                     (c)  the applicant is a member of the family unit of a person who is the holder of a Subclass 560, 562 or 571 visa; and

                     (d)  the applicant gives to the Minister evidence that the holder of the Subclass 560, 562 or 571 visa mentioned in paragraph (c) has commenced a course of study.

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

                     (a)  the applicant does not hold a substantive visa; and

                     (b)  the applicant is a member of the family unit of a person who holds a Subclass 560, 562 or 571 student visa, having satisfied the primary criteria for that visa.

571.314 

             (1)  If the applicant claims to be a member of the family unit of a person (the primary person) who holds a student visa having satisfied the primary criteria for that visa, the applicant meets subclause (2) or (3).

             (2)  The applicant meets this subclause if:

                     (a)  the applicant became a member of the family unit of the primary person before the grant of the student visa to the primary person; and

                     (b)  the applicant was included in the primary person’s application under subregulation 2.07AF(3) or in information provided in relation to the primary person’s application under subregulation 2.07AF(4).

             (3)  The applicant meets this subclause if the applicant became a member of the family unit of the primary person:

                     (a)  after the grant of the student visa to the primary person; and

                     (b)  before the application was made.

571.32—Criteria to be satisfied at time of decision

571.321 

             (1)  Unless, at the time of application, the applicant met the requirements of subclause 571.312(4), the applicant satisfies the criteria in clauses 571.322 to 571.332. 

             (2)  If, at the time of application, the applicant met the requirements of subclause 571.312(4):

                     (a)  the applicant continues to meet the requirements of paragraphs 571.312(4)(a) and (c); and

                     (b)  either:

                              (i)  both of the following:

                                        (A)  the Minister has no reason to believe that the applicant is not a genuine applicant for entry and stay as a member of the family unit of the primary person mentioned in clause 571.322;

                                        (B)  if the applicant had turned 18 at the time of application, the applicant satisfies paragraph 571.323(b); or

                             (ii)  the applicant satisfies the criteria in clauses 571.322 to 571.332.

571.322 

                   The applicant is a member of the family unit of a person (the primary person):

                     (a)  who is the holder of a Subclass 560 or 562 visa and who meets one of the following:

                              (i)  the primary person is a citizen of a gazetted country within the meaning of Part 560 as it read immediately before 1 July 2001;

Note:       Under former clause 560.111, gazetted country meant a country specified by Gazette Notice for the purpose of Part 560.

                             (ii)  the primary person is undertaking a course of study paid for, wholly or in part, by:

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

                                        (B)  the government of a foreign country; or

                                        (C)  a multilateral agency;

                            (iii)  the primary person:

                                        (A)  will be, or has been, granted a visa in relation to a course of study that is, or to courses of study that are together, of a duration of 12 months or more; or

                                        (B)  has been lawfully in Australia for 12 months or more; or

                     (b)  who satisfies, or has satisfied, the primary criteria in Subdivisions 571.21 and 571.22 and who meets one of the following:

                              (i)  the primary person is subject to assessment level 1 or 2;

                             (ii)  the primary person is undertaking a course of study paid for, wholly or in part, by:

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

                                        (B)  the government of a foreign country; or

                                        (C)  a multilateral agency;

                            (iii)  the primary person:

                                        (A)  will be, or has been, granted a visa in relation to a course of study that is, or to courses of study that are together, of a duration of 12 months or more; or

                                        (B)  has been lawfully in Australia for 12 months or more.

571.323 

                   The applicant:

                     (a)  satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4013, 4014, 4020 and 4021; and

                     (b)  if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

571.324 

                   If the applicant seeks to stay in Australia for 12 months or more, the applicant satisfies public interest criterion 4010. 

571.325 

                   If the application is made outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

571.326 

                   The Minister is satisfied that:

                    (aa)  the applicant intends genuinely to stay in Australia temporarily, having regard to:

                              (i)  the applicant’s circumstances; and

                             (ii)  the applicant’s immigration history; and

                            (iii)  if the applicant is a minor—the intentions of a parent, legal guardian or spouse of the applicant; and

                            (iv)  any other relevant matter; and

                     (a)  the applicant is a genuine applicant for entry and stay as a member of the family unit of the primary person mentioned in clause 571.322; and

                     (b)  that primary person has adequate means to support himself or herself and the members of his or her family unit during the period of the applicant’s intended stay in Australia; and

                     (c)  on the basis of the applicant’s stated intention, the applicant intends to comply with any conditions subject to which the visa is granted; and

                     (d)  if the applicant is required to give evidence in accordance with Schedule 5B—while the applicant holds the visa, the applicant or the primary person will have access to the funds demonstrated or declared in accordance with the requirements in that Schedule.

571.327 

                   The applicant gives to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

571.328 

                   If:

                     (a)  the applicant is a school‑age dependant of the primary person mentioned in clause 571.322; and

                     (b)  the period of stay proposed in the application is more than 3 months;

the applicant gives to the Minister evidence that adequate arrangements have been made for the education of the applicant in Australia.

571.329 

                   If the application was made outside Australia and made separately from that of the primary person mentioned in clause 571.322:

                     (a)  the primary person is, or is expected soon to be, in Australia; and

                     (b)  a nomination of the applicant by the primary person, on approved form 919, has been lodged and has been approved by the Minister.

571.330 

                   The applicant gives evidence that there are sufficient funds to meet the travel costs for the applicant:

                     (a)  if the applicant is not in Australia—to Australia, and from Australia; or

                     (b)  if the applicant is in Australia—from Australia.

571.331 

                   If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

571.332 

             (1)  If the applicant:

                     (a)  is a member of the family unit of a person (the primary person) to whom subclause (2) applies; and

                     (b)  was not included in the application for a student visa made by the primary person;

the applicant must give evidence, in accordance with Schedule 5B, for the assessment level to which the primary person was subject at the time of the decision in relation to the primary person.

          (1A)  However, if the primary person was subject to assessment level 4 or 5, the applicant must give evidence, in accordance with Schedule 5B, for assessment level 3.

             (2)  This subclause applies to a primary person who:

                     (a)  is the holder of a Subclass 571 visa, granted on the basis of satisfying the primary criteria in Division 571.2; and

                     (b)  was subject to assessment level 2, 3 or 4 at the time of the decision to grant the visa; and

                     (c)  was, at the time of the decision to grant the visa:

                              (i)  fully funded; or

                             (ii)  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, were to be met by:

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

                                        (B)  an organisation specified in a legislative instrument made by the Minister for this paragraph.

             (3)  If the applicant:

                     (a)  is a member of the family unit of a person (the primary person) to whom subclause (4) applies; and

                     (b)  was not included in the application for a student visa made by the primary person;

the Minister must be satisfied 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.

             (4)  This subclause applies to a primary person who:

                     (a)  is the holder of a Subclass 571 visa, granted on the basis of satisfying the primary criteria in Division 571.2; and

                     (b)  was subject to assessment level 2 at the time of the decision to grant the visa; and

                     (c)  was, at the time of the decision to grant the visa:

                              (i)  fully funded; or

                             (ii)  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, were to be met by:

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

                                        (B)  an organisation specified in a legislative instrument made by the Minister for this paragraph.

571.4—Circumstances applicable to grant

571.411 

                   If the application is made outside Australia, the applicant must be outside Australia at the time of grant.

571.412 

                   If the application is made in Australia, the applicant must be in Australia at the time of grant.

571.5—When visa is in effect

571.511 

                   Temporary visa permitting the holder to travel to, enter and remain in Australia:

                     (a)  if the application is made on form 157P or 157P (Internet)—until the date on which the visa held by the applicant at the time of application would have ceased to be in effect; and

                     (b)  otherwise—until a date specified by the Minister.

571.6—Conditions

571.611 

                   If the applicant satisfies the primary criteria:

                     (a)  in all cases, conditions 8105, 8202, 8501, 8516, 8517, 8532 and 8533; and

                     (d)  if the applicant is a citizen of Iran, condition 8204; and

                     (e)  subject to clause 571.612, any 1 or more of conditions 8303, 8523, 8534 and 8535 may be imposed.

571.612 

                   If, at the time of application, the applicant was the holder of a Subclass 560, 562, 570, 571, 572, 573, 574, 575 or 576 visa that was subject to condition 8523 and the applicant satisfies the primary criteria, condition 8523.

571.613 

             (1)  If the applicant satisfies the secondary criteria:

                     (a)  in all cases:

                              (i)  conditions 8501 and 8516; and

                             (ii)  condition 8518 (except if the visa is granted to an applicant who has turned 18); and

                     (b)  if the applicant is a citizen of Iran, condition 8204; and

                     (c)  subject to subclause (2), condition 8201 must be imposed if the applicant has turned 18; and

                     (d)  any 1 or more of conditions 8303, 8522, 8534 and 8535 may be imposed. 

             (2)  Condition 8201 is not imposed on a student visa granted to an applicant who has turned 18 if, at the time of the application:

                     (a)  the applicant was the holder of a Subclass 560 visa as a person who satisfied the secondary criteria in Subdivisions 560.31 and 560.32; or

                     (b)  the applicant was the holder of a Subclass 563 visa; or

                     (c)  the applicant was:

                              (i)  the holder of a Subclass 570, 571, 572, 573, 574, 575 or 576 visa as a person who satisfied the secondary criteria for the subclass; and

                             (ii)  immediately before being granted the Subclass 570, 571, 572, 573, 574, 575 or 576 visa, the holder of a Subclass 560 or 563 visa that was subject to condition 8101. 

571.614 

                   If the applicant satisfies the secondary criteria, condition 8104.

Subclass 572Vocational Education and Training Sector

572.1—Interpretation

572.111 

                   In this Part:

course fees has the same meaning as in Schedule 5A.

course of study means a full‑time registered course of study.

Note:          To work out whether a course of study is a principal course, see subregulation 1.40(2).

full period has the same meaning as in Schedule 5A.

fully funded has the same meaning as in Schedule 5A.

living costs has the same meaning as in Schedule 5A.

travel costs has the same meaning as in Schedule 5A.

Note:          For foreign country, see section 2B of the Acts Interpretation Act 1901.

572.2—Primary criteria

Note:          The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.

572.21—Criteria to be satisfied at time of application

572.211 

             (1)  If the application is made in Australia, the applicant meets the requirements of subclause (2), (3), (4) or (6).

             (2)  An applicant meets the requirements of this subclause if the applicant is:

                     (a)  the holder of a visa of one of the following classes or subclasses:

                              (i)  Border (Temporary) (Class TA);

                            (iii)  Cultural/Social (Temporary) (Class TE);

                            (iv)  Educational (Temporary) (Class TH);

                             (v)  Electronic Travel Authority (Class UD);

                          (ixa)  Maritime Crew (Temporary) (Class ZM);

                             (x)  Medical Practitioner (Temporary) (Class UE);

                            (xi)  Retirement (Temporary) (Class TQ);

                          (xiii)  Student (Temporary) (Class TU);

                        (xiiia)  Superyacht Crew (Temporary) (Class UW);

                           (xv)  Temporary Business Entry (Class UC);

                         (xva)  Subclass 400 (Temporary Work (Short Stay Activity));

                         (xvb)  Tourist (Class TR);

                         (xvc)  Visitor (Class TV);

                          (xvi)  Working Holiday (Temporary) (Class TZ);

                         (xvii)  Temporary Work (Long Stay Activity) (Class GB);

                        (xviii)  Training and Research (Class GC);

                      (xviiia)  Subclass 403 (Temporary Work (International Relations)) other than a visa in the Domestic Worker (Diplomatic or Consular) stream;

                          (xix)  Temporary Work (Entertainment) (Class GE);

                           (xx)  Special Program (Temporary) (Class TE);

                          (xxi)  Subclass 600 (Visitor); or

                     (b)  the holder, as the spouse, de facto partner or a dependent relative of a diplomatic or consular representative of a foreign country, of a Diplomatic (Temporary) (Class TF) visa; or

                     (c)  the holder of a special purpose visa; or

                     (d)  the holder of a visa of one of the following subclasses:

                              (i)  Subclass 303 (Emergency (Temporary Visa Applicant));

                             (ii)  Subclass 427 (Domestic Worker (Temporary)—Executive);

                           (iia)  Subclass 485 (Temporary Graduate);

                            (iii)  Subclass 497 (Graduate—Skilled).

             (3)  An applicant meets the requirements of this subclause if:

                     (a)  the applicant is not the holder of a substantive visa; and

                     (b)  the last substantive visa held by the applicant was:

                              (i)  a student visa; or

                             (ii)  a special purpose visa; or

                            (iii)  a Subclass 303 (Emergency (Temporary Visa Applicant)) visa; or

                            (iv)  a Diplomatic (Temporary) (Class TF) visa granted to the holder as the spouse, de facto partner or a dependent relative, of a diplomatic or consular representative of a foreign country; or

                             (v)  a Subclass 497 (Graduate—Skilled) visa; and

                     (c)  the application is made within 28 days (or within such period specified in a legislative instrument made by the Minister) after:

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

                             (ii)  if that last substantive visa 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:

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

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

                     (d)  the applicant satisfies Schedule 3 criterion 3005.

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

                     (a)  the applicant is the holder of a Subclass 560, 562 or 572 visa that is subject to condition 8101; and

                     (b)  the application was made on form 157P or 157P (Internet); and

                     (c)  the applicant gives to the Minister evidence that the applicant has commenced a course of study for which the visa held was granted.

             (6)  An applicant meets the requirements of this subclause if:

                     (a)  the applicant is the holder of a Subclass 570, 571, 573, 574, 575 or 576 visa; and

                     (b)  the application was made on form 157A or 157A (Internet); and

                     (c)  the applicant gives to the Minister evidence of an offer of a place with an education provider of a course of study other than the education provider of a course of study for which the visa held was granted; and

                     (d)  the Minister is satisfied that there are exceptional circumstances justifying the change in enrolment.

572.22—Criteria to be satisfied at time of decision

572.221 

             (1)  Unless, at the time of application, the applicant met the requirements of subclause 572.211(4), the applicant satisfies the criteria in clauses 572.222 to 572.234.

             (2)  If, at the time of application, the applicant met the requirements of subclause 572.211(4):

                     (a)  the applicant continues to meet the requirements of paragraph 572.211(4)(a); and

                     (b)  either:

                              (i)  both of the following:

                                        (A)  the Minister has no reason to believe that the applicant is not a genuine student;

                                        (B)  if the applicant had turned 18 at the time of application, the applicant satisfies paragraph 572.224(ba); or

                             (ii)  the applicant satisfies the criteria in clauses 572.223 to 572.234.

572.222 

             (1)  Except if subclause (2) applies or if the application was made on form 157E, the applicant gives to the Minister a certificate of enrolment relating to the applicant undertaking a course of study the provider of which is not a suspended education provider (an acceptable course).

             (2)  If a failure of electronic transmission has prevented an education provider from sending a certificate of enrolment and the Minister is satisfied that the applicant needs to travel urgently, the applicant gives to the Minister satisfactory evidence that the applicant is enrolled in an acceptable course. 

             (3)  If the application was made on form 157E, the applicant is enrolled in an acceptable course.

572.223 

             (1)  The Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student because:

                     (a)  the Minister is satisfied that the applicant intends genuinely to stay in Australia temporarily, having regard to:

                              (i)  the applicant’s circumstances; and

                             (ii)  the applicant’s immigration history; and

                            (iii)  if the applicant is a minor—the intentions of a parent, legal guardian or spouse of the applicant; and

                            (iv)  any other relevant matter; and

                     (b)  the applicant meets the requirements of subclause (2).

             (2)  An applicant meets the requirements of this subclause if:

                     (a)  the applicant gives the Minister evidence in accordance with the requirements mentioned in Schedule 5A for the highest assessment level for the applicant; and

                     (b)  the Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student, having regard to:

                              (i)  the stated intention of the applicant to comply with any conditions subject to which the visa is granted; and

                             (ii)  any other relevant matter; and

                     (c)  the Minister is satisfied that, while the applicant holds the visa, the applicant will have access to the funds demonstrated or declared in accordance with the requirements in Schedule 5A relating to the applicant’s financial capacity.

572.224 

                   The applicant:

                     (a)  satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4012A, 4013, 4014 and 4020; and

                     (b)  if the applicant seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010; and

                   (ba)  if the applicant had turned 18 at the time of application, satisfies public interest criterion 4019; and

                     (c)  if the applicant is applying outside Australia and the applicant has previously been in Australia, satisfies special return criteria 5001, 5002 and 5010. 

572.225 

                   The applicant gives to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

572.227 

                   If:

                     (a)  the application was made in Australia; and

                     (b)  subject to clause 572.227A, the applicant is subject to the highest assessment level for the relevant course of study; and

                     (c)  at the time of application, the applicant met the requirements of clause 572.211:

                              (i)  as the holder of a visa of one of the following classes or subclasses:

                                        (A)  Border (Temporary) (Class TA);

                                        (C)  Cultural/Social (Temporary) (Class TE);

                                        (D)  Educational (Temporary) (Class TH);

                                         (E)  Electronic Travel Authority (Class UD);

                                       (IA)  Maritime Crew (Temporary) (Class ZM);

                                         (J)  Medical Practitioner (Temporary) (Class UE);

                                        (K)  Retirement (Temporary) (Class TQ);

                                      (LA)  Superyacht Crew (Temporary) (Class UW);

                                        (N)  Temporary Business Entry (Class UC);

                                     (NA)  Subclass 400 (Temporary Work (Short Stay Activity));

                                      (NB)  Tourist (Class TR);

                                      (NC)  Visitor (Class TV);

                                        (O)  Working Holiday (Temporary) (Class TZ);

                                         (P)  Temporary Work (Long Stay Activity) (Class GB);

                                        (Q)  Training and Research (Class GC);

                                     (QA)  Subclass 403 (Temporary Work (International Relations)) other than a visa in the Domestic Worker (Diplomatic or Consular) stream;

                                        (R)  Temporary Work (Entertainment) (Class GE);

                                         (S)  Special Program (Temporary) (Class TE);

                                         (T)  Subclass 600 (Visitor); or

                             (ii)  as the holder of a special purpose visa; or

                            (iii)  as the holder of a visa of one of the following subclasses:

                                        (A)  Subclass 303 (Emergency (Temporary Visa Applicant));

                                        (B)  Subclass 427 (Domestic Worker (Temporary)—Executive);

                                      (BA)  Subclass 485 (Temporary Graduate);

                                        (C)  Subclass 497 (Graduate—Skilled); or

                            (iv)  as a person:

                                        (A)  who was not the holder of a substantive visa; and

                                        (B)  who, immediately before ceasing to hold a substantive visa, was the holder of a visa mentioned in subparagraph (i), (ii) or (iii);

the applicant establishes exceptional reasons for the grant of a Subclass 572 visa.

572.227A 

                   For paragraph 572.227(b), the highest assessment level does not include assessment level 1.

572.228 

                   If the application was made in Australia and, at the time of application, the applicant was in Australia as the spouse, de facto partner or dependent relative of a diplomatic or consular representative of a country other than Australia:

                     (a)  that representative has completed, or is about to complete, an official posting in Australia; and

                     (b)  the Foreign Minister recommends the grant of the visa.

572.229 

                   If:

                     (a)  the application was made in Australia; and

                     (b)  either:

                              (i)  the applicant is the holder of a student visa that is subject to condition 8535; or

                             (ii)  the last substantive visa held by the applicant was a student visa that was subject to condition 8535; and

                     (c)  the applicant is, or was, provided financial support by the Commonwealth or the government of a foreign country in relation to the student visa;

the applicant gives to the Minister evidence, in writing, that the Commonwealth or the government of the foreign country, as the case requires, does not oppose the applicant undertaking a course of study. 

572.229A 

                   If the applicant is a Foreign Affairs student or a Foreign Affairs recipient, the applicant has the support of the Foreign Minister for the grant of the visa.

572.230 

                   The applicant holds a passport of a kind specified in a legislative instrument made by the Minister under regulation 1.40.

572.231 

                   The applicant is enrolled in, or is the subject of a current offer of enrolment in, a course of study that is:

                     (a)  a principal course; and

                     (b)  of a type that was specified for Subclass 572 visas by the Minister in a legislative instrument:

                              (i)  made under regulation 1.40A; and

                             (ii)  in force at the time the application was made.

572.232 

                   If the applicant is subject to assessment level 2, the Minister is satisfied 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.

572.233 

                   If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

572.234 

                   If the applicant is subject to assessment level 3, the aggregate of the period, or periods, of ELICOS that the applicant is seeking to undertake, together with the period, or periods, of any previous ELICOS undertaken as the holder of a Subclass 570, 571, 572, 573, 574, 575 or 576 visa, or any subsequent bridging visa, does not exceed 60 weeks.

572.3—Secondary criteria

Note:          Requirements to be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.

572.31—Criteria to be satisfied at time of application

572.311 

                   If the application is made outside Australia, the applicant is a member of the family unit of:

                     (a)  a person who is the holder of a Subclass 560 or 562 visa; or

                     (b)  a person who satisfies, or has satisfied, the primary criteria in Subdivision 572.21.

572.312 

             (1)  If the application is made in Australia, the applicant meets the requirements of subclause (2), (3), (4) or (5).

             (2)  An applicant meets the requirements of this subclause if the applicant is:

                     (a)  the holder of a visa of one of the following classes or subclasses:

                              (i)  Border (Temporary) (Class TA);

                            (iii)  Cultural/Social (Temporary) (Class TE);

                            (iv)  Educational (Temporary) (Class TH);

                             (v)  Electronic Travel Authority (Class UD);

                          (ixa)  Maritime Crew (Temporary) (Class ZM);

                             (x)  Medical Practitioner (Temporary) (Class UE);

                            (xi)  Retirement (Temporary) (Class TQ);

                          (xiii)  Student (Temporary) (Class TU);

                        (xiiia)  Superyacht Crew (Temporary) (Class UW);

                           (xv)  Temporary Business Entry (Class UC);

                         (xva)  Subclass 400 (Temporary Work (Short Stay Activity));

                         (xvb)  Tourist (Class TR);

                         (xvc)  Visitor (Class TV);

                          (xvi)  Working Holiday (Temporary) (Class TZ);

                         (xvii)  Temporary Work (Long Stay Activity) (Class GB);

                        (xviii)  Training and Research (Class GC);

                      (xviiia)  Subclass 403 (Temporary Work (International Relations)) other than a visa in the Domestic Worker (Diplomatic or Consular) stream;

                          (xix)  Temporary Work (Entertainment) (Class GE);

                           (xx)  Special Program (Temporary) (Class TE);

                          (xxi)  Subclass 600 (Visitor); or

                     (b)  the holder of a Diplomatic (Temporary) (Class TF) visa granted to the holder as the spouse, de facto partner or a dependent relative, of a diplomatic or consular representative of a foreign country; or

                     (c)  the holder of a special purpose visa; or

                     (d)  the holder of a visa of one of the following subclasses:

                              (i)  Subclass 303 (Emergency (Temporary Visa Applicant));

                             (ii)  Subclass 427 (Domestic Worker (Temporary)—Executive); or

                           (iia)  Subclass 485 (Temporary Graduate);

                            (iii)  Subclass 497 (Graduate—Skilled).

             (3)  An applicant meets the requirements of this subclause if:

                     (a)  the applicant does not hold a substantive visa; and

                     (b)  the applicant is a member of the family unit of a person who meets the requirements of subclause 572.211(3); and

                     (c)  the applicant was a member of the family unit of the person at the time that person’s visa ceased to be in effect.

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

                     (a)  the applicant is the holder of a Subclass 560 or 572 visa that is subject to condition 8101; and

                     (b)  the application was made on form 157P or 157P (Internet); and

                     (c)  the applicant is a member of the family unit of a person who is the holder of a Subclass 560, 562 or 572 visa; and

                     (d)  the applicant gives to the Minister evidence that the holder of the Subclass 560, 562 or 572 visa mentioned in paragraph (c) has commenced a course of study.

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

                     (a)  the applicant does not hold a substantive visa; and

                     (b)  the applicant is a member of the family unit of a person who holds a Subclass 560, 562 or 572 student visa, having satisfied the primary criteria for that visa.

572.314 

             (1)  If the applicant claims to be a member of the family unit of a person (the primary person) who holds a student visa having satisfied the primary criteria for that visa, the applicant meets subclause (2) or (3).

             (2)  The applicant meets this subclause if:

                     (a)  the applicant became a member of the family unit of the primary person before the grant of the student visa to the primary person; and

                     (b)  the applicant was included in the primary person’s application under subregulation 2.07AF(3) or in information provided in relation to the primary person’s application under subregulation 2.07AF(4).

             (3)  The applicant meets this subclause if the applicant became a member of the family unit of the primary person:

                     (a)  after the grant of the student visa to the primary person; and

                     (b)  before the application was made.

572.315 

                   The applicant is not a secondary exchange student.

572.32—Criteria to be satisfied at time of decision

572.321 

             (1)  Unless, at the time of application, the applicant met the requirements of subclause 572.312(4), the applicant satisfies the criteria in clauses 572.322 to 572.332. 

             (2)  If, at the time of application, the applicant met the requirements of subclause 572.312(4):

                     (a)  the applicant continues to meet the requirements of paragraphs 572.312(4)(a) and (c); and

                     (b)  either:

                              (i)  both of the following:

                                        (A)  the Minister has no reason to believe that the applicant is not a genuine applicant for entry and stay as a member of the family unit of the primary person mentioned in clause 572.322;

                                        (B)  if the applicant had turned 18 at the time of application, the applicant satisfies paragraph 572.323(b); or

                             (ii)  the applicant satisfies the criteria in clauses 572.322 to 572.332.

572.322 

                   The applicant is a member of the family unit of a person (the primary person):

                     (a)  who is the holder of a Subclass 560 or 562 visa and who meets one of the following:

                              (i)  the primary person is a citizen of a gazetted country within the meaning of Part 560 as it read immediately before 1 July 2001;

Note:       Under former clause 560.111, gazetted country meant a country specified by Gazette Notice for the purpose of Part 560.

                             (ii)  the primary person is undertaking a course of study paid for, wholly or in part, by:

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

                                        (B)  the government of a foreign country; or

                                        (C)  a multilateral agency;

                            (iii)  the primary person:

                                        (A)  will be, or has been, granted a visa in relation to a course of study that is, or to courses of study that are together, of a duration of 12 months or more; or

                                        (B)  has been lawfully in Australia for 12 months or more; or

                     (b)  who satisfies, or has satisfied, the primary criteria in Subdivisions 572.21 and 572.22 and who meets one of the following:

                              (i)  the primary person is subject to assessment level 1 or 2;

                             (ii)  the primary person is undertaking a course of study paid for, wholly or in part, by:

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

                                        (B)  the government of a foreign country; or

                                        (C)  a multilateral agency;

                            (iii)  the primary person:

                                        (A)  will be, or has been, granted a visa in relation to a course of study that is, or to courses of study that are together, of a duration of 12 months or more; or

                                        (B)  has been lawfully in Australia for 12 months or more.

572.323 

                   The applicant:

                     (a)  satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4013, 4014, 4020 and 4021; and

                     (b)  if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

572.324 

                   If the applicant seeks to stay in Australia for 12 months or more, the applicant satisfies public interest criterion 4010. 

572.325 

                   If the application is made outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

572.326 

                   The Minister is satisfied that:

                    (aa)  the applicant intends genuinely to stay in Australia temporarily, having regard to:

                              (i)  the applicant’s circumstances; and

                             (ii)  the applicant’s immigration history; and

                            (iii)  if the applicant is a minor—the intentions of a parent, legal guardian or spouse of the applicant; and

                            (iv)  any other relevant matter; and

                     (a)  the applicant is a genuine applicant for entry and stay as a member of the family unit of the primary person mentioned in clause 572.322; and

                     (b)  that primary person has adequate means to support himself or herself and the members of his or her family unit during the period of the applicant’s intended stay in Australia; and

                     (c)  on the basis of the applicant’s stated intention, the applicant intends to comply with any conditions subject to which the visa is granted; and

                     (d)  if the applicant is required to give evidence in accordance with Schedule 5B—while the applicant holds the visa, the applicant or the primary person will have access to the funds demonstrated or declared in accordance with the requirements in that Schedule.

572.327 

                   The applicant gives to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

572.328 

                   If:

                     (a)  the applicant is a school‑age dependant of the primary person mentioned in clause 572.322; and

                     (b)  the period of stay proposed in the application is more than 3 months;

the applicant gives to the Minister evidence that adequate arrangements have been made for the education of the applicant in Australia.

572.329 

                   If the application was made outside Australia and made separately from that of the primary person mentioned in clause 572.322:

                     (a)  the primary person is, or is expected soon to be, in Australia; and

                     (b)  a nomination of the applicant by the primary person, on approved form 919, has been lodged and has been approved by the Minister.

572.330 

                   The applicant gives evidence that there are sufficient funds to meet the travel costs for the applicant:

                     (a)  if the applicant is not in Australia—to Australia, and from Australia; or

                     (b)  if the applicant is in Australia—from Australia.

572.331 

                   If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

572.332 

             (1)  If the applicant:

                     (a)  is a member of the family unit of a person (the primary person) to whom subclause (2) applies; and

                     (b)  was not included in the application for a student visa made by the primary person;

the applicant must give evidence, in accordance with Schedule 5B, for the assessment level to which the primary person was subject at the time of the decision in relation to the primary person.

          (1A)  However, if the primary person was subject to assessment level 4 or 5, the applicant must give evidence, in accordance with Schedule 5B, for assessment level 3.

             (2)  This subclause applies to a primary person who:

                     (a)  is the holder of a Subclass 572 visa, granted on the basis of satisfying the primary criteria in Division 572.2; and

                     (b)  was subject to assessment level 2, 3 or 4 at the time of the decision to grant the visa; and

                     (c)  was, at the time of the decision to grant the visa:

                              (i)  fully funded; or

                             (ii)  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, were to be met by:

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

                                        (B)  an organisation specified in a legislative instrument made by the Minister for this paragraph.

             (3)  If the applicant:

                     (a)  is a member of the family unit of a person (the primary person) to whom subclause (4) applies; and

                     (b)  was not included in the application for a student visa made by the primary person;

the Minister must be satisfied 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.

             (4)  This subclause applies to a primary person who:

                     (a)  is the holder of a Subclass 572 visa, granted on the basis of satisfying the primary criteria in Division 572.2; and

                     (b)  was subject to assessment level 2 at the time of the decision to grant the visa; and

                     (c)  was, at the time of the decision to grant the visa:

                              (i)  fully funded; or

                             (ii)  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, were to be met by:

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

                                        (B)  an organisation specified in a legislative instrument made by the Minister for this paragraph.

572.4—Circumstances applicable to grant

572.411 

                   If the application is made outside Australia, the applicant must be outside Australia at the time of grant.

572.412 

                   If the application is made in Australia, the applicant must be in Australia at the time of grant.

572.5—When visa is in effect

572.511 

                   Temporary visa permitting the holder to travel to, enter and remain in Australia:

                     (a)  if the application is made on form 157P or 157P (Internet)—until the date on which the visa held by the applicant at the time of application would have ceased to be in effect; and

                     (b)  otherwise—until a date specified by the Minister.

572.6—Conditions

572.611 

                   If the applicant satisfies the primary criteria:

                     (a)  in all cases, conditions 8105, 8202, 8501, 8516, 8517, 8532 and 8533; and

                     (d)  if the applicant is a citizen of Iran, condition 8204; and

                     (e)  subject to clause 572.612, any 1 or more of conditions 8303, 8523 and 8535 may be imposed.

572.612 

                   If, at the time of application, the applicant was the holder of a Subclass 560, 562, 570, 571, 572, 573, 574, 575 or 576 visa that was subject to condition 8523 and the applicant satisfies the primary criteria, condition 8523.

572.613 

             (1)  If the applicant:

                     (a)  satisfies the primary criteria; and

                     (b)  is subject to assessment level 3; and

                     (c)  is seeking to undertake a course of study that is, or courses of study that are together, of 10 months duration or less; and

                     (d)  is not an applicant to whom subclause (2) applies;

condition 8534.

             (2)  If the applicant:

                     (a)  satisfies the primary criteria; and

                     (b)  is subject to assessment level 3; and

                     (c)  gives to the Minister the evidence mentioned in subclause (3);

condition 8534 may be imposed.

             (3)  For subclause (2), the evidence is:

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

                              (i)  living costs, within the meaning of subclause 5A104(1);

                             (ii)  school costs, within the meaning of subclause 5A104(2); and

                     (b)  evidence that the applicant has a further amount, specified by the Minister in an instrument in writing for this paragraph, in funds from an acceptable source; 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.

             (4)  For paragraphs (3)(a) and (b), the funds must be in addition to the funds for which the applicant provided evidence for subclause 5A408(1).

             (5)  If the applicant satisfies the secondary criteria as a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 572 visa that is subject to condition 8534, condition 8534.

             (6)  In this clause:

funds from an acceptable source has the meaning given by subclause 5A408(2).

572.614 

             (1)  If the applicant (the primary applicant) is subject to assessment level 1 or 2 and is seeking to undertake a course of study that is, or courses of study that are together, of 10 months duration or less, condition 8534 may be imposed. 

             (2)  If the applicant satisfies the secondary criteria as a member of the family unit of the primary applicant, condition 8534 may be imposed. 

572.615 

             (1)  If the applicant (the primary applicant) is seeking to undertake a course of study that is, or courses of study that are together, of more than 10 months duration, condition 8534 may be imposed. 

             (2)  If the applicant satisfies the secondary criteria as a member of the family unit of the primary applicant, condition 8534 may be imposed. 

572.616 

             (1)  If the applicant satisfies the secondary criteria:

                     (a)  in all cases:

                              (i)  conditions 8501 and 8516; and

                             (ii)  condition 8518 (except if the visa is granted to an applicant who has turned 18); and

                     (b)  if the applicant is a citizen of Iran, condition 8204; and

                     (c)  subject to subclause (2), condition 8201 must be imposed if the applicant has turned 18; and

                     (d)  any 1 or more of conditions 8303, 8522 and 8535 may be imposed. 

             (2)  Condition 8201 is not imposed on a student visa granted to an applicant who has turned 18 if, at the time of the application:

                     (a)  the applicant was the holder of a Subclass 560 visa as a person who satisfied the secondary criteria in Subdivisions 560.31 and 560.32; or

                     (b)  the applicant was the holder of a Subclass 563 visa; or

                     (c)  the applicant was:

                              (i)  the holder of a Subclass 570, 571, 572, 573, 574, 575 or 576 visa as a person who satisfied the secondary criteria for the subclass; and

                             (ii)  immediately before being granted the Subclass 570, 571, 572, 573, 574, 575 or 576 visa, the holder of a Subclass 560 or 563 visa that was subject to condition 8101. 

572.617 

                   If the applicant satisfies the secondary criteria, condition 8104.

Subclass 573Higher Education Sector

573.1—Interpretation and preliminary

573.111 

                   In this Part:

course fees has the same meaning as in Schedule 5A.

course of study means a full‑time registered course of study.

Note:          To work out whether a course of study is a principal course, see subregulation 1.40(2).

educational business partner, in relation to an eligible education provider, means an education provider specified as an educational business partner in an instrument made under clause 573.112.

eligible education provider means an education provider specified as an eligible education provider in an instrument made under clause 573.112.

eligible higher degree student means an applicant for a Subclass 573 visa in relation to whom the following apply:

                     (a)  the applicant is enrolled in a principal course of study for the award of:

                              (i)  a bachelor’s degree; or

                             (ii)  a masters degree by coursework;

                     (b)  the principal course of study is provided by an eligible education provider;

                     (c)  if the applicant proposes to undertake another course of study before, and for the purposes of, the principal course of study:

                              (i)  the applicant is also enrolled in that course; and

                             (ii)  that course is provided by the eligible education provider or an educational business partner of the eligible education provider.

full period has the same meaning as in Schedule 5A.

fully funded has the same meaning as in Schedule 5A.

living costs has the same meaning as in Schedule 5A.

travel costs has the same meaning as in Schedule 5A.

Note:          For foreign country, see section 2B of the Acts Interpretation Act 1901.

573.112 

                   For this Part, the Minister may, by instrument in writing:

                     (a)  specify an education provider as an eligible education provider; and

                     (b)  specify one or more other education providers as educational business partners of the education provider mentioned in paragraph (a).

573.2—Primary criteria

Note:          The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.

573.21—Criteria to be satisfied at time of application

573.211 

             (1)  If the application is made in Australia, the applicant meets the requirements of subclause (2), (3), (4) or (6).

             (2)  An applicant meets the requirements of this subclause if the applicant is:

                     (a)  the holder of a visa of one of the following classes or subclasses:

                              (i)  Border (Temporary) (Class TA);

                            (iii)  Cultural/Social (Temporary) (Class TE);

                            (iv)  Educational (Temporary) (Class TH);

                             (v)  Electronic Travel Authority (Class UD);

                          (ixa)  Maritime Crew (Temporary) (Class ZM);

                             (x)  Medical Practitioner (Temporary) (Class UE);

                            (xi)  Retirement (Temporary) (Class TQ);

                          (xiii)  Student (Temporary) (Class TU);

                        (xiiia)  Superyacht Crew (Temporary) (Class UW);

                           (xv)  Temporary Business Entry (Class UC);

                         (xva)  Subclass 400 (Temporary Work (Short Stay Activity));

                         (xvb)  Tourist (Class TR);

                         (xvc)  Visitor (Class TV);

                          (xvi)  Working Holiday (Temporary) (Class TZ);

                         (xvii)  Temporary Work (Long Stay Activity) (Class GB);

                        (xviii)  Training and Research (Class GC);

                      (xviiia)  Subclass 403 (Temporary Work (International Relations)) other than a visa in the Domestic Worker (Diplomatic or Consular) stream;

                          (xix)  Temporary Work (Entertainment) (Class GE);

                           (xx)  Special Program (Temporary) (Class TE);

                          (xxi)  Subclass 600 (Visitor); or

                     (b)  the holder, as the spouse, de facto partner or a dependent relative of a diplomatic or consular representative of a foreign country, of a Diplomatic (Temporary) (Class TF) visa; or

                     (c)  the holder of a special purpose visa; or

                     (d)  the holder of a visa of one of the following subclasses:

                              (i)  Subclass 303 (Emergency (Temporary Visa Applicant));

                             (ii)  Subclass 427 (Domestic Worker (Temporary)—Executive);

                           (iia)  Subclass 485 (Temporary Graduate);

                            (iii)  Subclass 497 (Graduate—Skilled).

             (3)  An applicant meets the requirements of this subclause if:

                     (a)  the applicant is not the holder of a substantive visa; and

                     (b)  the last substantive visa held by the applicant was:

                              (i)  a student visa; or

                             (ii)  a special purpose visa; or

                            (iii)  a Subclass 303 (Emergency (Temporary Visa Applicant)) visa; or

                            (iv)  a Diplomatic (Temporary) (Class TF) visa granted to the holder as the spouse, de facto partner or a dependent relative, of a diplomatic or consular representative of a foreign country; or

                             (v)  a Subclass 497 (Graduate—Skilled) visa; and 

                     (c)  the application is made within 28 days (or within such period specified in a legislative instrument made by the Minister) after:

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

                             (ii)  if that last substantive visa 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:

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

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

                     (d)  the applicant satisfies Schedule 3 criterion 3005. 

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

                     (a)  the applicant is the holder of:

                              (i)  a Subclass 560, 562 or 573 visa that is subject to condition 8101; or

                             (ii)  a Subclass 574 visa that is subject to condition 8101 and was granted on the basis that the applicant proposed to commence, or had commenced, as a principal course, a course of study for the award of a masters degree by coursework; and

                     (b)  the application was made on form 157P or 157P (Internet); and

                     (c)  the applicant gives to the Minister evidence that the applicant has commenced a course of study for which the visa held was granted.

             (6)  An applicant meets the requirements of this subclause if:

                     (a)  the applicant is the holder of a Subclass 570, 571, 572, 574, 575 or 576 visa; and

                     (b)  the application was made on form 157A or 157A (Internet); and

                     (c)  the applicant gives to the Minister evidence of an offer of a place with an education provider of a course of study other than the education provider of a course of study for which the visa held was granted; and

                     (d)  the Minister is satisfied that there are exceptional circumstances justifying the change in enrolment.

573.212 

                   If the applicant is an eligible higher degree student, the applicant must have a confirmation of enrolment in each course of study for which the applicant is an eligible higher degree student.

573.22—Criteria to be satisfied at time of decision

573.221 

             (1)  Unless, at the time of application, the applicant met the requirements of subclause 573.211(4), the applicant satisfies the criteria in clauses 573.222 to 573.234.

             (2)  If, at the time of application, the applicant met the requirements of subclause 573.211(4):

                     (a)  the applicant continues to meet the requirements of paragraph 573.211(4)(a); and

                     (b)  either:

                              (i)  both of the following:

                                        (A)  the Minister has no reason to believe that the applicant is not a genuine student;

                                        (B)  if the applicant had turned 18 at the time of application, the applicant satisfies paragraph 73.224(ba); or

                             (ii)  the applicant satisfies the criteria in clauses 573.223 to 573.234.

573.222 

             (1)  Except if subclause (2) applies or if the application was made on form 157E, the applicant gives to the Minister a certificate of enrolment relating to the applicant undertaking a course of study the provider of which is not a suspended education provider (an acceptable course).

             (2)  If a failure of electronic transmission has prevented an education provider from sending a certificate of enrolment and the Minister is satisfied that the applicant needs to travel urgently, the applicant gives to the Minister satisfactory evidence that the applicant is enrolled in an acceptable course.

             (3)  If the application was made on form 157E, the applicant is enrolled in an acceptable course. 

573.223 

             (1)  The Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student because:

                     (a)  the Minister is satisfied that the applicant intends genuinely to stay in Australia temporarily, having regard to:

                              (i)  the applicant’s circumstances; and

                             (ii)  the applicant’s immigration history; and

                            (iii)  if the applicant is a minor—the intentions of a parent, legal guardian or spouse of the applicant; and

                            (iv)  any other relevant matter; and

                     (b)  the applicant meets the requirements of subclause (1A) or (2).

          (1A)  If the applicant is, and was, at the time of application, an eligible higher degree student who has a confirmation of enrolment in each course of study for which the applicant is an eligible higher degree student:

                     (a)  the applicant gives the Minister evidence that the applicant has:

                              (i)  a level of English language proficiency that satisfies the applicant’s eligible education provider; and

                             (ii)  educational qualifications required by the eligible education provider; and

                     (b)  the Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student, having regard to:

                              (i)  the stated intention of the applicant to comply with any conditions subject to which the visa is granted; and

                             (ii)  any other relevant matter; and

                     (c)  the Minister is satisfied that, while the applicant holds the visa, the applicant will have sufficient funds to meet:

                              (i)  the costs and expenses required to support the applicant during the proposed stay in Australia; and

                             (ii)  the costs and expenses required to support each member (if any) of the applicant’s family unit.

             (2)  If subclause (1A) does not apply:

                     (a)  the applicant gives the Minister evidence in accordance with the requirements mentioned in Schedule 5A for the highest assessment level for the applicant; and

                     (b)  the Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student, having regard to:

                              (i)  the stated intention of the applicant to comply with any conditions subject to which the visa is granted; and

                             (ii)  any other relevant matter; and

                     (c)  the Minister is satisfied that, while the applicant holds the visa, the applicant will have access to the funds demonstrated or declared in accordance with the requirements in Schedule 5A relating to the applicant’s financial capacity.

573.224 

                   The applicant:

                     (a)  satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4012A, 4013, 4014 and 4020; and

                     (b)  if the applicant seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010; and

                   (ba)  if the applicant had turned 18 at the time of application, satisfies public interest criterion 4019; and

                     (c)  if the applicant is applying outside Australia and the applicant has previously been in Australia, satisfies special return criteria 5001, 5002 and 5010. 

573.225 

                   The applicant gives to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

573.227 

                   If:

                     (a)  the application was made in Australia; and

                     (b)  subject to clause 573.227A, the applicant is subject to the highest assessment level for the relevant course of study; and

                     (c)  at the time of application, the applicant met the requirements of clause 573.211:

                              (i)  as the holder of a visa of one of the following classes or subclasses:

                                        (A)  Border (Temporary) (Class TA);

                                        (C)  Cultural/Social (Temporary) (Class TE);

                                        (D)  Educational (Temporary) (Class TH);

                                         (E)  Electronic Travel Authority (Class UD);

                                       (IA)  Maritime Crew (Temporary) (Class ZM);

                                         (J)  Medical Practitioner (Temporary) (Class UE);

                                        (K)  Retirement (Temporary) (Class TQ);

                                      (LA)  Superyacht Crew (Temporary) (Class UW);

                                        (N)  Temporary Business Entry (Class UC);

                                     (NA)  Subclass 400 (Temporary Work (Short Stay Activity));

                                      (NB)  Tourist (Class TR);

                                      (NC)  Visitor (Class TV);

                                        (O)  Working Holiday (Temporary) (Class TZ);

                                         (P)  Temporary Work (Long Stay Activity) (Class GB);

                                        (Q)  Training and Research (Class GC);

                                     (QA)  Subclass 403 (Temporary Work (International Relations)) other than a visa in the Domestic Worker (Diplomatic or Consular) stream;

                                        (R)  Temporary Work (Entertainment) (Class GE);

                                         (S)  Special Program (Temporary) (Class TE);

                                         (T)  Subclass 600 (Visitor); or

                             (ii)  as the holder of a special purpose visa; or

                            (iii)  as the holder of a visa of one of the following subclasses:

                                        (A)  Subclass 303 (Emergency (Temporary Visa Applicant));

                                        (B)  Subclass 427 (Domestic Worker (Temporary)—Executive);

                                      (BA)  Subclass 485 (Temporary Graduate);

                                        (C)  Subclass 497 (Graduate—Skilled); or

                            (iv)  as a person:

                                        (A)  who was not the holder of a substantive visa; and

                                        (B)  who, immediately before ceasing to hold a substantive visa, was the holder of a visa mentioned in subparagraph (i), (ii) or (iii);

the applicant establishes exceptional reasons for the grant of a Subclass 573 visa.

573.227A 

                   For paragraph 573.227(b), the highest assessment level does not include assessment level 1.

573.228 

                   If the application was made in Australia and, at the time of application, the applicant was in Australia as the spouse, de facto partner or dependent relative of a diplomatic or consular representative of a country other than Australia:

                     (a)  that representative has completed, or is about to complete, an official posting in Australia; and

                     (b)  the Foreign Minister recommends the grant of the visa.

573.229 

                   If:

                     (a)  the application was made in Australia; and

                     (b)  either:

                              (i)  the applicant is the holder of a student visa that is subject to condition 8535; or

                             (ii)  the last substantive visa held by the applicant was a student visa that was subject to condition 8535; and

                     (c)  the applicant is, or was, provided financial support by the Commonwealth or the government of a foreign country in relation to the student visa;

the applicant gives to the Minister evidence, in writing, that the Commonwealth or the government of the foreign country, as the case requires, does not oppose the applicant undertaking a course of study. 

573.229A 

                   If the applicant is a Foreign Affairs student or a Foreign Affairs recipient, the applicant has the support of the Foreign Minister for the grant of the visa.

573.230 

                   The applicant holds a passport of a kind specified in an instrument made under regulation 1.40.

573.231 

                   If subclause 573.223(1A) does not apply:

                     (a)  the applicant is enrolled in, or is the subject of a current offer of enrolment in, a course of study that is a principal course; and

                     (b)  the principal course is of a type that was specified for Subclass 573 visas by the Minister in an instrument:

                              (i)  made under regulation 1.40A; and

                             (ii)  in force at the time the application was made.

573.232 

                   If the applicant is subject to assessment level 2, the Minister is satisfied 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.

573.233 

                   If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

573.234 

                   If the applicant is subject to assessment level 3, the aggregate of the period, or periods, of ELICOS that the applicant is seeking to undertake, together with the period, or periods, of any previous ELICOS undertaken as the holder of a Subclass 570, 571, 572, 573, 574, 575 or 576 visa, or any subsequent bridging visa, does not exceed 60 weeks.

573.3—Secondary criteria

Note:          Requirements to be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.

573.31—Criteria to be satisfied at time of application

573.311 

                   If the application is made outside Australia, the applicant is a member of the family unit of:

                     (a)  a person who is the holder of a Subclass 560 or 562 visa; or

                     (b)  a person who satisfies, or has satisfied, the primary criteria in Subdivision 573.21.

573.312 

             (1)  If the application is made in Australia, the applicant meets the requirements of subclause (2), (3), (4) or (5).

             (2)  An applicant meets the requirements of this subclause if the applicant is:

                     (a)  the holder of a visa of one of the following classes or subclasses:

                              (i)  Border (Temporary) (Class TA);

                            (iii)  Cultural/Social (Temporary) (Class TE);

                            (iv)  Educational (Temporary) (Class TH);

                             (v)  Electronic Travel Authority (Class UD);

                          (ixa)  Maritime Crew (Temporary) (Class ZM);

                             (x)  Medical Practitioner (Temporary) (Class UE);

                            (xi)  Retirement (Temporary) (Class TQ);

                          (xiii)  Student (Temporary) (Class TU);

                        (xiiia)  Superyacht Crew (Temporary) (Class UW);

                           (xv)  Temporary Business Entry (Class UC);

                         (xva)  Subclass 400 (Temporary Work (Short Stay Activity));

                         (xvb)  Tourist (Class TR);

                         (xvc)  Visitor (Class TV);

                          (xvi)  Working Holiday (Temporary) (Class TZ);

                         (xvii)  Temporary Work (Long Stay Activity) (Class GB);

                        (xviii)  Training and Research (Class GC);

                      (xviiia)  Subclass 403 (Temporary Work (International Relations)) other than a visa in the Domestic Worker (Diplomatic or Consular) stream;

                          (xix)  Temporary Work (Entertainment) (Class GE);

                           (xx)  Special Program (Temporary) (Class TE);

                          (xxi)  Subclass 600 (Visitor); or

                     (b)  the holder of a Diplomatic (Temporary) (Class TF) visa granted to the holder as the spouse, de facto partner or a dependent relative, of a diplomatic or consular representative of a foreign country; or

                     (c)  the holder of a special purpose visa; or

                     (d)  the holder of a visa of one of the following subclasses:

                              (i)  Subclass 303 (Emergency (Temporary Visa Applicant));

                             (ii)  Subclass 427 (Domestic Worker (Temporary)—Executive); or

                           (iia)  Subclass 485 (Temporary Graduate);

                            (iii)  Subclass 497 (Graduate—Skilled).

             (3)  An applicant meets the requirements of this subclause if:

                     (a)  the applicant does not hold a substantive visa; and

                     (b)  the applicant is a member of the family unit of a person who meets the requirements of subclause 573.211(3); and

                     (c)  the applicant was a member of the family unit of the person at the time that person’s visa ceased to be in effect.

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

                     (a)  the applicant is the holder of a Subclass 560, 573 or 574 visa that:

                              (i)  for a holder of a Subclass 574 visa—was granted on the basis that:

                                        (A)  the applicant was a member of the family unit of a person (the primary person) who satisfied the primary criteria in Division 574.2; and

                                        (B)  the primary person proposed to commence, or had commenced, as a principal course, a course of study for the award of a masters degree by coursework; and

                             (ii)  for all holders—is subject to condition 8101 or 8104; and

                     (b)  the application was made on form 157P or 157P (Internet); and

                     (c)  the applicant is a member of the family unit of a person who is the holder of a Subclass 560, 562, 573 or 574 visa; and

                     (d)  the applicant gives to the Minister evidence that the holder of the Subclass 560, 562, 573 or 574 visa mentioned in paragraph (c) has commenced a course of study.

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

                     (a)  the applicant does not hold a substantive visa; and

                     (b)  the applicant is a member of the family unit of a person (the primary person) who:

                              (i)  holds a Subclass 560, 562 or 573 visa, having satisfied the primary criteria for that visa; or

                             (ii)  holds a Subclass 574 visa that was granted on the basis that the primary person proposed to commence, or had commenced, as a principal course, a course of study for the award of a masters degree by coursework.

573.314 

             (1)  If the applicant claims to be a member of the family unit of a person (the primary person) who holds a student visa having satisfied the primary criteria for that visa, the applicant meets subclause (2) or (3).

             (2)  The applicant meets this subclause if:

                     (a)  the applicant became a member of the family unit of the primary person before the grant of the student visa to the primary person; and

                     (b)  the applicant was included in the primary person’s application under subregulation 2.07AF(3) or in information provided in relation to the primary person’s application under subregulation 2.07AF(4).

             (3)  The applicant meets this subclause if the applicant became a member of the family unit of the primary person:

                     (a)  after the grant of the student visa to the primary person; and

                     (b)  before the application was made.

573.32—Criteria to be satisfied at time of decision

573.321 

             (1)  Unless, at the time of application, the applicant met the requirements of subclause 573.312(4), the applicant satisfies the criteria in clauses 573.322 to 573.332. 

             (2)  If, at the time of application, the applicant met the requirements of subclause 573.312 (4):

                     (a)  the applicant continues to meet the requirements of paragraphs 573.312(4)(a) and (c); and

                     (b)  either:

                              (i)  both of the following:

                                        (A)  the Minister has no reason to believe that the applicant is not a genuine applicant for entry and stay as a member of the family unit of the primary person mentioned in clause 573.322;

                                        (B)  if the applicant had turned 18 at the time of application, the applicant satisfies paragraph 573.323(b); or

                             (ii)  the applicant satisfies the criteria in clauses 573.322 to 573.332.

573.322 

                   The applicant is a member of the family unit of a person (the primary person):

                     (a)  who is the holder of a Subclass 560 or 562 visa and who meets one of the following:

                              (i)  the primary person is a citizen of a gazetted country within the meaning of Part 560 as it read immediately before 1 July 2001;

Note:       Under former clause 560.111, gazetted country meant a country specified by Gazette Notice for the purpose of Part 560.

                             (ii)  the primary person is undertaking a course of study paid for, wholly or in part, by:

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

                                        (B)  the government of a foreign country; or

                                        (C)  a multilateral agency;

                            (iii)  the primary person:

                                        (A)  will be, or has been, granted a visa in relation to a course of study that is, or to courses of study that are together, of a duration of 12 months or more; or

                                        (B)  has been lawfully in Australia for 12 months or more; or

                     (b)  who satisfies, or has satisfied, the primary criteria in Subdivisions 573.21 and 573.22 and who meets one of the following:

                              (i)  the primary person is subject to assessment level 1 or 2;

                            (ia)  the primary person is an eligible higher degree student;

                             (ii)  the primary person is undertaking a course of study paid for, wholly or in part, by:

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

                                        (B)  the government of a foreign country; or

                                        (C)  a multilateral agency;

                            (iii)  the primary person:

                                        (A)  will be, or has been, granted a visa in relation to a course of study that is, or to courses of study that are together, of a duration of 12 months or more; or

                                        (B)  has been lawfully in Australia for 12 months or more.

573.323 

                   The applicant:

                     (a)  satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4013, 4014, 4020 and 4021; and

                     (b)  if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

573.324 

                   If the applicant seeks to stay in Australia for 12 months or more, the applicant satisfies public interest criterion 4010. 

573.325 

                   If the application is made outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

573.326 

                   The Minister is satisfied that:

                    (aa)  the applicant intends genuinely to stay in Australia temporarily, having regard to:

                              (i)  the applicant’s circumstances; and

                             (ii)  the applicant’s immigration history; and

                            (iii)  if the applicant is a minor—the intentions of a parent, legal guardian or spouse of the applicant; and

                            (iv)  any other relevant matter; and

                     (a)  the applicant is a genuine applicant for entry and stay as a member of the family unit of the primary person mentioned in clause 573.322; and

                     (b)  that primary person has adequate means to support himself or herself and the members of his or her family unit during the period of the applicant’s intended stay in Australia; and

                     (c)  on the basis of the applicant’s stated intention, the applicant intends to comply with any conditions subject to which the visa is granted; and

                     (d)  if the applicant is required to give evidence in accordance with Schedule 5B—while the applicant holds the visa, the applicant or the primary person will have access to the funds demonstrated or declared in accordance with the requirements in that Schedule.

573.327 

                   The applicant gives to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

573.328 

                   If:

                     (a)  the applicant is a school‑age dependant of the primary person mentioned in clause 573.322; and

                     (b)  the period of stay proposed in the application is more than 3 months;

the applicant gives to the Minister evidence that adequate arrangements have been made for the education of the applicant in Australia.

573.329 

                   If the application was made outside Australia and made separately from that of the primary person mentioned in clause 573.322:

                     (a)  the primary person is, or is expected soon to be, in Australia; and

                     (b)  a nomination of the applicant by the primary person, on approved form 919, has been lodged and has been approved by the Minister.

573.330 

                   The applicant gives evidence that there are sufficient funds to meet the travel costs for the applicant:

                     (a)  if the applicant is not in Australia—to Australia, and from Australia; or

                     (b)  if the applicant is in Australia—from Australia.

573.331 

                   If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

573.332 

             (1)  If the applicant:

                     (a)  is a member of the family unit of a person (the primary person) to whom subclause (2) applies; and

                     (b)  was not included in the application for a student visa made by the primary person;

the applicant must give evidence, in accordance with Schedule 5B, for the assessment level to which the primary person was subject at the time of the decision in relation to the primary person.

          (1A)  However, if the primary person was subject to assessment level 4 or 5, the applicant must give evidence, in accordance with Schedule 5B, for assessment level 3.

             (2)  This subclause applies to a primary person who:

                     (a)  is:

                              (i)  the holder of a Subclass 573 visa, granted on the basis of satisfying the primary criteria in Division 573.2; or

                             (ii)  the holder of a Subclass 574 visa, granted:

                                        (A)  on or after 1 December 2003; and

                                        (B)  on the basis of satisfying the primary criteria in Division 574.2; and

                                        (C)  on the basis that the primary person proposed to commence, or had commenced, as a principal course, a course of study for the award of a masters degree by coursework; and

                     (b)  was subject to assessment level 2, 3 or 4 at the time of the decision to grant the visa; and

                     (c)  was, at the time of the decision to grant the visa:

                              (i)  fully funded; or

                             (ii)  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, were to be met by:

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

                                        (B)  an organisation specified in a legislative instrument made by the Minister for this paragraph.

             (3)  If the applicant:

                     (a)  is a member of the family unit of a person (the primary person) to whom subclause (4) applies; and

                     (b)  was not included in the application for a student visa made by the primary person;

the Minister must be satisfied 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.

             (4)  This subclause applies to a primary person who:

                     (a)  is:

                              (i)  the holder of a Subclass 573 visa, granted on the basis of satisfying the primary criteria in Division 573.2; or

                             (ii)  the holder of a Subclass 574 visa, granted:

                                        (A)  on or after 1 December 2003; and

                                        (B)  on the basis of satisfying the primary criteria in Division 574.2; and

                                        (C)  on the basis that the primary person proposed to commence, or had commenced, as a principal course, a course of study for the award of a masters degree by coursework; and

                     (b)  was subject to assessment level 2 at the time of the decision to grant the visa; and

                     (c)  was, at the time of the decision to grant the visa:

                              (i)  fully funded; or

                             (ii)  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, were to be met by:

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

                                        (B)  an organisation specified in a legislative instrument made by the Minister for this paragraph.

573.4—Circumstances applicable to grant

573.411 

                   If the application is made outside Australia, the applicant must be outside Australia at the time of grant.

573.412 

                   If the application is made in Australia, the applicant must be in Australia at the time of grant.

573.5—When visa is in effect

573.511 

                   Temporary visa permitting the holder to travel to, enter and remain in Australia:

                     (a)  if the application is made on form 157P or 157P (Internet)—until the date on which the visa held by the applicant at the time of application would have ceased to be in effect; and

                     (b)  otherwise—until a date specified by the Minister.

573.6—Conditions

573.611 

                   If the applicant satisfies the primary criteria:

                     (a)  in all cases, conditions 8105, 8202, 8501, 8516, 8517, 8532 and 8533; and

                     (d)  if the applicant is a citizen of Iran, condition 8203; and

                     (e)  subject to clause 573.612, any 1 or more of conditions 8303, 8523 and 8535 may be imposed.

573.612 

                   If, at the time of application, the applicant was the holder of a Subclass 560, 562, 570, 571, 572, 573, 574, 575 or 576 visa that was subject to condition 8523 and the applicant satisfies the primary criteria, condition 8523.

573.613 

             (1)  If the applicant:

                     (a)  satisfies the primary criteria; and

                     (b)  is subject to assessment level 3; and

                     (c)  is seeking to undertake a course of study that is, or courses of study that are together, of 10 months duration or less; and

                     (d)  is not an applicant to whom subclause (2) applies;

condition 8534.

             (2)  If the applicant:

                     (a)  satisfies the primary criteria; and

                     (b)  is subject to assessment level 3; and

                     (c)  gives to the Minister the evidence mentioned in subclause (3);

condition 8534 may be imposed.

             (3)  For subclause (2), the evidence is:

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

                              (i)  living costs, within the meaning of subclause 5A104(1);

                             (ii)  school costs, within the meaning of subclause 5A104(2); and

                     (b)  evidence that the applicant has a further amount, specified by the Minister in an instrument in writing for this paragraph, in funds from an acceptable source; 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.

             (4)  For paragraphs (3)(a) and (b), the funds must be in addition to the funds for which the applicant provided evidence for subclause 5A508(1).

             (5)  If the applicant satisfies the secondary criteria as a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 573 visa that is subject to condition 8534, condition 8534.

             (6)  In this clause:

funds from an acceptable source has the meaning given by subclause 5A508(2).

573.614 

             (1)  If the applicant (the primary applicant) is subject to assessment level 1 or 2 and is seeking to undertake a course of study that is, or courses of study that are together, of 10 months duration or less, condition 8534 may be imposed. 

             (2)  If the applicant satisfies the secondary criteria as a member of the family unit of the primary applicant, condition 8534 may be imposed. 

573.615 

             (1)  If the applicant (the primary applicant) is seeking to undertake a course of study that is, or courses of study that are together, of more than 10 months duration, condition 8534 may be imposed. 

             (2)  If the applicant satisfies the secondary criteria as a member of the family unit of the primary applicant, condition 8534 may be imposed. 

573.616 

             (1)  If the applicant satisfies the secondary criteria:

                     (a)  in all cases:

                              (i)  conditions 8501 and 8516; and

                             (ii)  condition 8518 (except if the visa is granted to an applicant who has turned 18); and

                     (b)  if the applicant is a citizen of Iran, condition 8204; and

                     (c)  subject to subclause (2), condition 8201 must be imposed if the applicant has turned 18; and

                     (d)  any 1 or more of conditions 8303, 8522 and 8535 may be imposed. 

             (2)  Condition 8201 is not imposed on a student visa granted to an applicant who has turned 18 if, at the time of the application:

                     (a)  the applicant was the holder of a Subclass 560 visa as a person who satisfied the secondary criteria in Subdivisions 560.31 and 560.32; or

                     (b)  the applicant was the holder of a Subclass 563 visa; or

                     (c)  the applicant was:

                              (i)  the holder of a Subclass 570, 571, 572, 573, 574, 575 or 576 visa as a person who satisfied the secondary criteria for the subclass; and

                             (ii)  immediately before being granted the Subclass 570, 571, 572, 573, 574, 575 or 576 visa, the holder of a Subclass 560 or 563 visa that was subject to condition 8101. 

573.617 

                   If the applicant satisfies the secondary criteria, condition 8104.

Subclass 574Postgraduate Research Sector

574.1—Interpretation and preliminary

574.111 

                   In this Part:

course fees has the same meaning as in Schedule 5A.

course of study means a full‑time registered course of study.

Note:          To work out whether a course of study is a principal course, see subregulation 1.40 (2).

educational business partner, in relation to an eligible education provider, means an education provider specified as an educational business partner in an instrument made under clause 574.112.

eligible education provider means an education provider specified as an eligible education provider in an instrument made under clause 574.112.

eligible higher degree student means an applicant for a Subclass 574 visa in relation to whom the following apply:

                     (a)  the applicant is enrolled in a principal course of study for the award of:

                              (i)  a masters degree by research; or

                             (ii)  a doctoral degree;

                     (b)  the principal course of study is provided by an eligible education provider;

                     (c)  if the applicant proposes to undertake another course of study before, and for the purposes of, the principal course of study:

                              (i)  the applicant is also enrolled in that course; and

                             (ii)  that course is provided by the eligible education provider or an educational business partner of the eligible education provider.

full period has the same meaning as in Schedule 5A.

fully funded has the same meaning as in Schedule 5A.

living costs has the same meaning as in Schedule 5A.

travel costs has the same meaning as in Schedule 5A.

Note:          For foreign country, see section 2B of the Acts Interpretation Act 1901.

574.112 

                   For this Part, the Minister may, by instrument in writing:

                     (a)  specify an education provider as an eligible education provider; and

                     (b)  specify one or more other education providers as educational business partners of the education provider mentioned in paragraph (a).

574.2—Primary criteria

Note:          The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.

574.21—Criteria to be satisfied at time of application

574.211 

             (1)  If the application is made in Australia, the applicant meets the requirements of subclause (2), (3), (4) or (6).

             (2)  An applicant meets the requirements of this subclause if the applicant is:

                     (a)  the holder of a visa of one of the following classes or subclasses:

                              (i)  Border (Temporary) (Class TA);

                            (iii)  Cultural/Social (Temporary) (Class TE);

                            (iv)  Educational (Temporary) (Class TH);

                             (v)  Electronic Travel Authority (Class UD);

                          (ixa)  Maritime Crew (Temporary) (Class ZM);

                             (x)  Medical Practitioner (Temporary) (Class UE);

                            (xi)  Retirement (Temporary) (Class TQ);

                          (xiii)  Student (Temporary) (Class TU);

                        (xiiia)  Superyacht Crew (Temporary) (Class UW);

                           (xv)  Temporary Business Entry (Class UC);

                         (xva)  Subclass 400 (Temporary Work (Short Stay Activity));

                         (xvb)  Tourist (Class TR);

                         (xvc)  Visitor (Class TV);

                          (xvi)  Working Holiday (Temporary) (Class TZ);

                         (xvii)  Temporary Work (Long Stay Activity) (Class GB);

                        (xviii)  Training and Research (Class GC);

                      (xviiia)  Subclass 403 (Temporary Work (International Relations)) other than a visa in the Domestic Worker (Diplomatic or Consular) stream;

                          (xix)  Temporary Work (Entertainment) (Class GE);

                           (xx)  Special Program (Temporary) (Class TE);

                          (xxi)  Subclass 600 (Visitor); or

                     (b)  the holder, as the spouse, de facto partner or a dependent relative of a diplomatic or consular representative of a foreign country, of a Diplomatic (Temporary) (Class TF) visa; or

                     (c)  the holder of a special purpose visa; or

                     (d)  the holder of a visa of one of the following subclasses:

                              (i)  Subclass 303 (Emergency (Temporary Visa Applicant));

                             (ii)  Subclass 427 (Domestic Worker (Temporary)—Executive);

                           (iia)  Subclass 485 (Temporary Graduate);

                            (iii)  Subclass 497 (Graduate—Skilled).

             (3)  An applicant meets the requirements of this subclause if:

                     (a)  the applicant is not the holder of a substantive visa; and

                     (b)  the last substantive visa held by the applicant was:

                              (i)  a student visa; or

                             (ii)  a special purpose visa; or

                            (iii)  a Subclass 303 (Emergency (Temporary Visa Applicant)) visa; or

                            (iv)  a Diplomatic (Temporary) (Class TF) visa granted to the holder as the spouse, de facto partner or a dependent relative, of a diplomatic or consular representative of a foreign country; or

                             (v)  a Subclass 497 (Graduate—Skilled) visa; and

                     (c)  the application is made within 28 days (or within such period specified in a legislative instrument made by the Minister) after:

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

                             (ii)  if that last substantive visa 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:

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

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

                     (d)  the applicant satisfies Schedule 3 criterion 3005.

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

                     (a)  the applicant is the holder of a Subclass 560, 562 or 574 visa that is subject to condition 8101; and

                     (b)  the application was made on form 157P or 157P (Internet); and

                     (c)  the applicant gives to the Minister evidence that the applicant has commenced a course of study for which the visa held was granted.

             (6)  An applicant meets the requirements of this subclause if:

                     (a)  the applicant is the holder of a Subclass 570, 571, 572, 573, 575 or 576 visa; and

                     (b)  the application was made on form 157A or 157A (Internet); and

                     (c)  the applicant gives to the Minister evidence of an offer of a place with an education provider of a course of study other than the education provider of a course of study for which the visa held was granted; and

                     (d)  the Minister is satisfied that there are exceptional circumstances justifying the change in enrolment.

574.212 

                   If the applicant is an eligible higher degree student, the applicant must have a confirmation of enrolment in each course of study for which the applicant is an eligible higher degree student.

574.22—Criteria to be satisfied at time of decision

574.221 

             (1)  Unless, at the time of application, the applicant met the requirements of subclause 574.211(4), the applicant satisfies the criteria in clauses 574.223 to 574.234.

             (2)  If, at the time of application, the applicant met the requirements of subclause 574.211 (4):

                     (a)  the applicant continues to meet the requirements of paragraph 574.211(4)(a); and

                     (b)  either:

                              (i)  both of the following:

                                        (A)  the Minister has no reason to believe that the applicant is not a genuine student;

                                        (B)  if the applicant had turned 18 at the time of application, the applicant satisfies paragraph 574.224(ba); or

                             (ii)  the applicant satisfies the criteria in clauses 574.223 to 574.234.

574.222 

             (1)  Except if subclause (2), (3) or (3A) applies or if the application was made on form 157E, the applicant gives to the Minister a certificate of enrolment relating to the applicant undertaking a course of study the provider of which is not a suspended education provider (an acceptable course).

             (2)  If a failure of electronic transmission has prevented an education provider from sending a certificate of enrolment and the Minister is satisfied that the applicant needs to travel urgently, the applicant gives to the Minister satisfactory evidence that the applicant is enrolled in an acceptable course.

             (3)  If the application was made in Australia and, at the time of application, the applicant was the holder of a Subclass 560 or 562 visa, the applicant satisfies the Minister that, 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.

          (3A)  If the application was made in Australia and, at the time of application, the applicant was the holder of a Subclass 574 visa (the current visa):

                     (a)  the applicant satisfies the Minister that, 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; and

                     (b)  either:

                              (i)  the applicant has held the current visa, or a combination of the current visa and 1 or more other Subclass 560 or 574 visas, on that basis for a continuous period of 6 months or less; or

                             (ii)  the applicant has held the current visa, or a combination of the current visa and 1 or more other Subclass 560 or 574 visas, on that basis for more than 6 months and there are exceptional circumstances justifying the grant of the visa.

             (4)  If the application was made on form 157E, the applicant is enrolled in an acceptable course.

574.223 

             (1)  The Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student because:

                     (a)  the Minister is satisfied that the applicant intends genuinely to stay in Australia temporarily, having regard to:

                              (i)  the applicant’s circumstances; and

                             (ii)  the applicant’s immigration history; and

                            (iii)  if the applicant is a minor—the intentions of a parent, legal guardian or spouse of the applicant; and

                            (iv)  any other relevant matter; and

                     (b)  the applicant meets the requirements of subclause (1A) or subclause (2).

          (1A)  If the applicant, and was, at the time of application, is an eligible higher degree student who has a confirmation of enrolment in each course of study for which the applicant is an eligible higher degree student:

                     (a)  the applicant gives the Minister evidence that the applicant has:

                              (i)  a level of English language proficiency that satisfies the applicant’s eligible education provider; and

                             (ii)  educational qualifications required by the eligible education provider; and

                     (b)  the Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student, having regard to:

                              (i)  the stated intention of the applicant to comply with any conditions subject to which the visa is granted; and

                             (ii)  any other relevant matter; and

                     (c)  the Minister is satisfied that, while the applicant holds the visa, the applicant will have sufficient funds to meet:

                              (i)  the costs and expenses required to support the applicant during the proposed stay in Australia; and

                             (ii)  the costs and expenses required to support each member (if any) of the applicant’s family unit.

             (2)  If subclause (1A) does not apply:

                     (a)  the applicant gives the Minister evidence in accordance with the requirements mentioned in Schedule 5A for the highest assessment level for the applicant; and

                     (b)  the Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student, having regard to:

                              (i)  the stated intention of the applicant to comply with any conditions subject to which the visa is granted; and

                             (ii)  any other relevant matter; and

                     (c)  the Minister is satisfied that, while the applicant holds the visa, the applicant will have access to the funds demonstrated or declared in accordance with the requirements in Schedule 5A relating to the applicant’s financial capacity.

574.224 

                   The applicant:

                     (a)  satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4012A, 4013, 4014 and 4020; and

                     (b)  if the applicant seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010; and

                   (ba)  if the applicant had turned 18 at the time of application, satisfies public interest criterion 4019; and

                     (c)  if the applicant is applying outside Australia and the applicant has previously been in Australia, satisfies special return criteria 5001, 5002 and 5010. 

574.225 

                   The applicant gives to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

574.227 

                   If:

                     (a)  the application was made in Australia; and

                     (b)  subject to clause 574.227A, the applicant is subject to the highest assessment level for the relevant course of study; and

                     (c)  at the time of application, the applicant met the requirements of clause 574.211:

                              (i)  as the holder of a visa of one of the following classes or subclasses:

                                        (A)  Border (Temporary) (Class TA);

                                        (C)  Cultural/Social (Temporary) (Class TE);

                                        (D)  Educational (Temporary) (Class TH);

                                         (E)  Electronic Travel Authority (Class UD);

                                       (IA)  Maritime Crew (Temporary) (Class ZM);

                                         (J)  Medical Practitioner (Temporary) (Class UE);

                                        (K)  Retirement (Temporary) (Class TQ);

                                      (LA)  Superyacht Crew (Temporary) (Class UW);

                                        (N)  Temporary Business Entry (Class UC);

                                     (NA)  Subclass 400 (Temporary Work (Short Stay Activity));

                                      (NB)  Tourist (Class TR);

                                      (NC)  Visitor (Class TV);

                                        (O)  Working Holiday (Temporary) (Class TZ);

                                         (P)  Temporary Work (Long Stay Activity) (Class GB);

                                        (Q)  Training and Research (Class GC);

                                     (QA)  Subclass 403 (Temporary Work (International Relations)) other than a visa in the Domestic Worker (Diplomatic or Consular) stream;

                                        (R)  Temporary Work (Entertainment) (Class GE);

                                         (S)  Special Program (Temporary) (Class TE);

                                         (T)  Subclass 600 (Visitor); or

                             (ii)  as the holder of a special purpose visa; or

                            (iii)  as the holder of a visa of one of the following subclasses:

                                        (A)  Subclass 303 (Emergency (Temporary Visa Applicant));

                                        (B)  Subclass 427 (Domestic Worker (Temporary)—Executive);

                                      (BA)  Subclass 485 (Temporary Graduate);

                                        (C)  Subclass 497 (Graduate—Skilled); or

                            (iv)  as a person:

                                        (A)  who was not the holder of a substantive visa; and

                                        (B)  who, immediately before ceasing to hold a substantive visa, was the holder of a visa mentioned in subparagraph (i), (ii) or (iii);

the applicant establishes exceptional reasons for the grant of a Subclass 574 visa.

574.227A 

                   For paragraph 574.227(b), the highest assessment level does not include assessment level 1.

574.228 

                   If the application was made in Australia and, at the time of application, the applicant was in Australia as the spouse, de facto partner or dependent relative of a diplomatic or consular representative of a country other than Australia:

                     (a)  that representative has completed, or is about to complete, an official posting in Australia; and

                     (b)  the Foreign Minister recommends the grant of the visa.

574.229 

                   If:

                     (a)  the application was made in Australia; and

                     (b)  either:

                              (i)  the applicant is the holder of a student visa that is subject to condition 8535; or

                             (ii)  the last substantive visa held by the applicant was a student visa that was subject to condition 8535; and

                     (c)  the applicant is, or was, provided financial support by the Commonwealth or the government of a foreign country in relation to the student visa;

the applicant gives to the Minister evidence, in writing, that the Commonwealth or the government of the foreign country, as the case requires, does not oppose the applicant undertaking a course of study. 

574.229A 

                   If the applicant is a Foreign Affairs student or a Foreign Affairs recipient, the applicant has the support of the Foreign Minister for the grant of the visa.

574.230 

                   The applicant holds a passport of a kind specified in an instrument made under regulation 1.40.

574.231 

                   If subclause 574.223(1A) does not apply:

                     (a)  the applicant is enrolled in, or is the subject of a current offer of enrolment in, a course of study that is a principal course; and

                     (b)  the principal course is of a type that was specified for Subclass 574 visas by the Minister in an instrument:

                              (i)  made under regulation 1.40A; and

                             (ii)  in force at the time the application was made.

574.232 

                   If the applicant is subject to assessment level 2, the Minister is satisfied 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.

574.233 

                   If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

574.234 

                   If the applicant is subject to assessment level 3, the aggregate of the period, or periods, of ELICOS that the applicant is seeking to undertake, together with the period, or periods, of any previous ELICOS undertaken as the holder of a Subclass 570, 571, 572, 573, 574, 575 or 576 visa, or any subsequent bridging visa, does not exceed 60 weeks.

574.3—Secondary criteria

Note:          Requirements to be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.

574.31—Criteria to be satisfied at time of application

574.311 

                   If the application is made outside Australia, the applicant is a member of the family unit of:

                     (a)  a person who is the holder of a Subclass 560 or 562 visa; or

                     (b)  a person who satisfies, or has satisfied, the primary criteria in Subdivision 574.21.

574.312 

             (1)  If the application is made in Australia, the applicant meets the requirements of subclause (2), (3), (4) or (5).

             (2)  An applicant meets the requirements of this subclause if the applicant is:

                     (a)  the holder of a visa of one of the following classes or subclasses:

                              (i)  Border (Temporary) (Class TA);

                            (iii)  Cultural/Social (Temporary) (Class TE);

                            (iv)  Educational (Temporary) (Class TH);

                             (v)  Electronic Travel Authority (Class UD);

                          (ixa)  Maritime Crew (Temporary) (Class ZM);

                             (x)  Medical Practitioner (Temporary) (Class UE);

                            (xi)  Retirement (Temporary) (Class TQ);

                          (xiii)  Student (Temporary) (Class TU);

                        (xiiia)  Superyacht Crew (Temporary) (Class UW);

                           (xv)  Temporary Business Entry (Class UC);

                         (xva)  Subclass 400 (Temporary Work (Short Stay Activity));

                         (xvb)  Tourist (Class TR);

                         (xvc)  Visitor (Class TV);

                          (xvi)  Working Holiday (Temporary) (Class TZ);

                         (xvii)  Temporary Work (Long Stay Activity) (Class GB);

                        (xviii)  Training and Research (Class GC);

                      (xviiia)  Subclass 403 (Temporary Work (International Relations)) other than a visa in the Domestic Worker (Diplomatic or Consular) stream;

                          (xix)  Temporary Work (Entertainment) (Class GE);

                           (xx)  Special Program (Temporary) (Class TE);

                          (xxi)  Subclass 600 (Visitor); or

                     (b)  the holder of a Diplomatic (Temporary) (Class TF) visa granted to the holder as the spouse, de facto partner or a dependent relative, of a diplomatic or consular representative of a foreign country; or

                     (c)  the holder of a special purpose visa; or

                     (d)  the holder of a visa of one of the following subclasses:

                              (i)  Subclass 303 (Emergency (Temporary Visa Applicant));

                             (ii)  Subclass 427 (Domestic Worker (Temporary)—Executive); or

                           (iia)  Subclass 485 (Temporary Graduate);

                            (iii)  Subclass 497 (Graduate—Skilled).

             (3)  An applicant meets the requirements of this subclause if:

                     (a)  the applicant does not hold a substantive visa; and

                     (b)  the applicant is a member of the family unit of a person who meets the requirements of subclause 574.211(3); and

                     (c)  the applicant was a member of the family unit of the person at the time that person’s visa ceased to be in effect.

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

                     (a)  the applicant is the holder of a Subclass 560, 563 or 574 visa that is subject to condition 8101 or 8104; and

                     (b)  the application was made on form 157P or 157P (Internet); and

                     (c)  the applicant is a member of the family unit of a person who is the holder of a Subclass 560, 562 or 574 visa; and

                     (d)  the applicant gives to the Minister evidence that the holder of the Subclass 560, 562 or 574 visa mentioned in paragraph (c) has commenced a course of study.

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

                     (a)  the applicant does not hold a substantive visa; and

                     (b)  the applicant is a member of the family unit of a person who holds a Subclass 560, 562 or 574 student visa, having satisfied the primary criteria for that visa.

574.314 

             (1)  If the applicant claims to be a member of the family unit of a person (the primary person) who holds a student visa having satisfied the primary criteria for that visa, the applicant meets subclause (2) or (3).

             (2)  The applicant meets this subclause if:

                     (a)  the applicant became a member of the family unit of the primary person before the grant of the student visa to the primary person; and

                     (b)  the applicant was included in the primary person’s application under subregulation 2.07AF(3) or in information provided in relation to the primary person’s application under subregulation 2.07AF(4).

             (3)  The applicant meets this subclause if the applicant became a member of the family unit of the primary person:

                     (a)  after the grant of the student visa to the primary person; and

                     (b)  before the application was made.

574.32—Criteria to be satisfied at time of decision

574.321 

             (1)  Unless, at the time of application, the applicant met the requirements of subclause 574.312(4), the applicant satisfies the criteria in clauses 574.322 to 574.332. 

             (2)  If, at the time of application, the applicant met the requirements of subclause 574.312(4):

                     (a)  the applicant continues to meet the requirements of paragraphs 574.312(4)(a) and (c); and

                     (b)  either:

                              (i)  both of the following:

                                        (A)  the Minister has no reason to believe that the applicant is not a genuine applicant for entry and stay as a member of the family unit of the primary person mentioned in clause 574.322;

                                        (B)  if the applicant had turned 18 at the time of application, the applicant satisfies paragraph 574.323(b); or

                             (ii)  the applicant satisfies the criteria in clauses 574.322 to 574.332.

574.322 

                   The applicant is a member of the family unit of a person (the primary person):

                     (a)  who is the holder of a Subclass 560 or 562 visa and who meets one of the following:

                              (i)  the primary person is a citizen of a gazetted country within the meaning of Part 560 as it read immediately before 1 July 2001;

Note:       Under former clause 560.111, gazetted country meant a country specified by Gazette Notice for the purpose of Part 560.

                             (ii)  the primary person is undertaking a course of study paid for, wholly or in part, by:

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

                                        (B)  the government of a foreign country; or

                                        (C)  a multilateral agency;

                            (iii)  the primary person:

                                        (A)  will be, or has been, granted a visa in relation to a course of study that is, or to courses of study that are together, of a duration of 12 months or more; or

                                        (B)  has been lawfully in Australia for 12 months or more; or

                     (b)  who satisfies, or has satisfied, the primary criteria in Subdivisions 574.21 and 574.22 and who meets one of the following:

                              (i)  the primary person is subject to assessment level 1 or 2;

                            (ia)  the primary person is an eligible higher degree student;

                             (ii)  the primary person is undertaking a course of study paid for, wholly or in part, by:

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

                                        (B)  the government of a foreign country; or

                                        (C)  a multilateral agency;

                            (iii)  the primary person:

                                        (A)  will be, or has been, granted a visa in relation to a course of study that is, or to courses of study that are together, of a duration of 12 months or more; or

                                        (B)  has been lawfully in Australia for 12 months or more.

574.323 

                   The applicant:

                     (a)  satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4013, 4014, 4020 and 4021; and

                     (b)  if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

574.324 

                   If the applicant seeks to stay in Australia for 12 months or more, the applicant satisfies public interest criterion 4010. 

574.325 

                   If the application is made outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

574.326 

                   The Minister is satisfied that:

                    (aa)  the applicant intends genuinely to stay in Australia temporarily, having regard to:

                              (i)  the applicant’s circumstances; and

                             (ii)  the applicant’s immigration history; and

                            (iii)  if the applicant is a minor—the intentions of a parent, legal guardian or spouse of the applicant; and

                            (iv)  any other relevant matter; and

                     (a)  the applicant is a genuine applicant for entry and stay as a member of the family unit of the primary person mentioned in clause 574.322; and

                     (b)  that primary person has adequate means to support himself or herself and the members of his or her family unit during the period of the applicant’s intended stay in Australia; and

                     (c)  on the basis of the applicant’s stated intention, the applicant intends to comply with any conditions subject to which the visa is granted; and

                     (d)  if the applicant is required to give evidence in accordance with Schedule 5B—while the applicant holds the visa, the applicant or the primary person will have access to the funds demonstrated or declared in accordance with the requirements in that Schedule.

574.327 

                   The applicant gives to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

574.328 

                   If:

                     (a)  the applicant is a school‑age dependant of the primary person mentioned in clause 574.322; and

                     (b)  the period of stay proposed in the application is more than 3 months;

the applicant gives to the Minister evidence that adequate arrangements have been made for the education of the applicant in Australia.

574.329 

                   If the application was made outside Australia and made separately from that of the primary person mentioned in clause 574.322:

                     (a)  the primary person is, or is expected soon to be, in Australia; and

                     (b)  a nomination of the applicant by the primary person, on approved form 919, has been lodged and has been approved by the Minister.

574.330 

                   The applicant gives evidence that there are sufficient funds to meet the travel costs for the applicant:

                     (a)  if the applicant is not in Australia—to Australia, and from Australia; or

                     (b)  if the applicant is in Australia—from Australia.

574.331 

                   If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

574.332 

             (1)  If the applicant:

                     (a)  is a member of the family unit of a person (the primary person) to whom subclause (2) applies; and

                     (b)  was not included in the application for a student visa made by the primary person;

the applicant must give evidence, in accordance with Schedule 5B, for the assessment level to which the primary person was subject at the time of the decision in relation to the primary person.

          (1A)  However, if the primary person was subject to assessment level 4 or 5, the applicant must give evidence, in accordance with Schedule 5B, for assessment level 3.

             (2)  This subclause applies to a primary person who:

                     (a)  is the holder of a Subclass 574 visa, granted on the basis of satisfying the primary criteria in Division 574.2; and

                     (b)  was subject to assessment level 2, 3 or 4 at the time of the decision to grant the visa; and

                     (c)  was, at the time of the decision to grant the visa:

                              (i)  fully funded; or

                             (ii)  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, were to be met by:

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

                                        (B)  an organisation specified in a legislative instrument made by the Minister for this paragraph; or

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

             (3)  If the applicant:

                     (a)  is a member of the family unit of a person (the primary person) to whom subclause (4) applies; and

                     (b)  was not included in the application for a student visa made by the primary person;

the Minister must be satisfied 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.

             (4)  This subclause applies to a primary person who:

                     (a)  is the holder of a Subclass 574 visa, granted on the basis of satisfying the primary criteria in Division 574.2; and

                     (b)  was subject to assessment level 2 at the time of the decision to grant the visa; and

                     (c)  was, at the time of the decision to grant the visa:

                              (i)  fully funded; or

                             (ii)  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, were to be met by:

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

                                        (B)  an organisation specified in a legislative instrument made by the Minister for this paragraph; or

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

574.4—Circumstances applicable to grant

574.411 

                   If the application is made outside Australia, the applicant must be outside Australia at the time of grant.

574.412 

                   If the application is made in Australia, the applicant must be in Australia at the time of grant.

574.5—When visa is in effect

574.511 

                   Temporary visa permitting the holder to travel to, enter and remain in Australia:

                     (a)  if the application is made on form 157P or 157P (Internet)—until the date on which the visa held by the applicant at the time of application would have ceased to be in effect; and

                     (b)  otherwise—until a date specified by the Minister.

574.6—Conditions

574.611 

                   If the applicant satisfies the primary criteria:

                     (a)  in all cases, conditions 8105, 8202, 8501, 8516, 8517, 8532 and 8533; and

                     (d)  if the applicant is a citizen of Iran, condition 8203; and

                     (e)  subject to clause 574.612, any 1 or more of conditions 8303, 8523 and 8535 may be imposed.

574.612 

                   If, at the time of application, the applicant was the holder of a Subclass 560, 562, 570, 571, 572, 573, 574, 575 or 576 visa that was subject to condition 8523 and the applicant satisfies the primary criteria, condition 8523.

574.613 

             (1)  If the applicant:

                     (a)  satisfies the primary criteria; and

                     (b)  is subject to assessment level 3; and

                     (c)  is seeking to undertake a course of study that is, or courses of study that are together, of 10 months duration or less; and

                     (d)  is not an applicant to whom subclause (2) applies;

condition 8534.

             (2)  If the applicant:

                     (a)  satisfies the primary criteria; and

                     (b)  is subject to assessment level 3; and

                     (c)  gives to the Minister the evidence mentioned in subclause (3);

condition 8534 may be imposed.

             (3)  For subclause (2), the evidence is:

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

                              (i)  living costs, within the meaning of subclause 5A104(1);

                             (ii)  school costs, within the meaning of subclause 5A104(2); and

                     (b)  evidence that the applicant has a further amount, specified by the Minister in an instrument in writing for this paragraph, in funds from an acceptable source; 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.

             (4)  For paragraphs (3)(a) and (b), the funds must be in addition to the funds for which the applicant provided evidence for subclause 5A608(1).

             (5)  If the applicant satisfies the secondary criteria as a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 574 visa that is subject to condition 8534, condition 8534.

             (6)  In this clause:

funds from an acceptable source has the meaning given by subclause 5A608(2).

574.613A 

             (1)  If the applicant (the primary applicant) is seeking to undertake a course of study that has been specified by the Minister in a legislative instrument made under subregulation 1.44(2) and the applicant did not provide evidence of English language proficiency otherwise required under clause 5A604 or 5A607 of Schedule 5A, condition 8534. 

             (2)  If the applicant satisfies the secondary criteria as a member of the family unit of the primary applicant, condition 8534. 

574.614 

             (1)  If the applicant (the primary applicant) is subject to assessment level 1 or 2 and is seeking to undertake a course of study that is, or courses of study that are together, of 10 months duration or less, condition 8534 may be imposed. 

             (2)  If the applicant satisfies the secondary criteria as a member of the family unit of the primary applicant, condition 8534 may be imposed. 

574.615 

             (1)  If the applicant (the primary applicant) is seeking to undertake a course of study that is, or courses of study that are together, of more than 10 months duration, condition 8534 may be imposed. 

             (2)  If the applicant satisfies the secondary criteria as a member of the family unit of the primary applicant, condition 8534 may be imposed. 

574.616 

             (1)  If the applicant satisfies the secondary criteria:

                     (a)  in all cases:

                              (i)  conditions 8501 and 8516; and

                             (ii)  condition 8518 (except if the visa is granted to an applicant who has turned 18); and

                     (b)  if the applicant is a citizen of Iran, condition 8204; and

                     (c)  subject to subclause (2), condition 8201 must be imposed if the applicant has turned 18; and

                     (e)  any 1 or more of conditions 8303, 8522 and 8535 may be imposed. 

             (2)  Condition 8201 is not imposed on a student visa granted to an applicant who has turned 18 if, at the time of the application:

                     (a)  the applicant was the holder of a Subclass 560 visa as a person who satisfied the secondary criteria in Subdivisions 560.31 and 560.32; or

                     (b)  the applicant was the holder of a Subclass 563 visa; or

                     (c)  the applicant was:

                              (i)  the holder of a Subclass 570, 571, 572, 573, 574, 575 or 576 visa as a person who satisfied the secondary criteria for the subclass; and

                             (ii)  immediately before being granted the Subclass 570, 571, 572, 573, 574, 575 or 576 visa, the holder of a Subclass 560 or 563 visa that was subject to condition 8101. 

574.617 

                   If the applicant satisfies the secondary criteria, condition 8104.

Subclass 575Non‑Award Sector

575.1—Interpretation and preliminary

575.111 

                   In this Part:

course fees has the same meaning as in Schedule 5A.