Federal Register of Legislation - Australian Government

Primary content

Migration Regulations 1994

Authoritative Version
  • - F2014C00932
  • In force - Superseded Version
  • View Series
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 3—Additional criteria applicable to unlawful non‑citizens and certain bridging visa holders                                                                 1

Schedule 4—Public interest criteria and related provisions   5

Part 1—Public interest criteria                                                                                      5

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

Part 3—Requirements for public interest criterion 4019                            21

Part 4—Requirements for public interest criterion 4022                            22

Schedule 5—Special return criteria                                                           23

Schedule 5A—Evidentiary requirements for student visas 26

Part 1—Preliminary                                                                                                           26

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

5A102... Alternatives to the IELTS test........................................................... 28

5A103... Meaning of fully funded................................................................... 28

5A104... Meaning of living costs and school costs.......................................... 28

5A106... Satisfying a proposed education provider about English language proficiency        32

5A107... Secondary exchange student must give AASES............................... 32

5A108... Applicant must show enrolment or offer of place............................. 33

5A109... Requirement to give declaration........................................................ 33

Part 2—Subclass 570 (Independent ELICOS Sector)                                   34

Division 3—Requirements for assessment level 3                                       34

5A207... English language proficiency............................................................ 34

5A208... Financial capacity.............................................................................. 34

5A209... Other requirements............................................................................ 36

Division 4—Requirements for assessment level 2                                       38

5A210... English language proficiency............................................................ 38

5A211... Financial capacity.............................................................................. 38

5A212... Other requirements............................................................................ 39

Division 5—Requirements for assessment level 1                                       40

5A213... English language proficiency............................................................ 40

5A214... Financial capacity.............................................................................. 40

Part 3—Subclass 571 (Schools Sector)                                                                    41

Division 3—Requirements for assessment level 3                                       41

5A307... English language proficiency............................................................ 41

5A308... Financial capacity.............................................................................. 41

5A309... Other requirements............................................................................ 43

Division 4—Requirements for assessment level 2                                       45

5A310... English language proficiency............................................................ 45

5A311... Financial capacity.............................................................................. 45

5A312... Other requirements............................................................................ 46

Division 5—Requirements for assessment level 1                                       47

5A313... English language proficiency............................................................ 47

5A314... Financial capacity.............................................................................. 47

5A315... Other requirements............................................................................ 47

Part 4—Subclass 572 (Vocational Education and Training Sector)     48

Division 3—Requirements for assessment level 3                                       48

5A407... English language proficiency............................................................ 48

5A408... Financial capacity.............................................................................. 50

5A409... Other requirements............................................................................ 53

Division 4—Requirements for assessment level 2                                       54

5A410... English language proficiency............................................................ 54

5A411... Financial capacity.............................................................................. 54

Division 5—Requirements for assessment level 1                                       56

5A412... English language proficiency............................................................ 56

5A413... Financial capacity.............................................................................. 56

Part 5—Subclass 573 (Higher Education Sector)                                             57

Division 3—Requirements for assessment level 3                                       57

5A507... English language proficiency............................................................ 57

5A508... Financial capacity.............................................................................. 59

5A509... Other requirements............................................................................ 62

Division 4—Requirements for assessment level 2                                       64

5A510... English language proficiency............................................................ 64

5A511... Financial capacity.............................................................................. 64

5A512... Other requirements............................................................................ 65

Division 5—Requirements for assessment level 1                                       66

5A513... English language proficiency............................................................ 66

5A514... Financial capacity.............................................................................. 66

5A515... Other requirements............................................................................ 66

Part 6—Subclass 574 (Postgraduate Research Sector)                                 67

Division 3—Requirements for assessment level 3                                       67

5A607... English language proficiency............................................................ 67

5A608... Financial capacity.............................................................................. 69

5A609... Other requirements............................................................................ 72

Division 4—Requirements for assessment level 2                                       73

5A610... English language proficiency............................................................ 73

5A611... Financial capacity.............................................................................. 73

5A612... Other requirements............................................................................ 74

Division 5—Requirements for assessment level 1                                       75

5A613... English language proficiency............................................................ 75

5A614... Financial capacity.............................................................................. 75

5A615... Other requirements............................................................................ 75

Part 7—Subclass 575 (Non‑Award Sector)                                                          76

Division 3—Requirements for assessment level 3                                       76

5A707... English language proficiency............................................................ 76

5A708... Financial capacity.............................................................................. 78

5A709... Other requirements............................................................................ 80

Division 4—Requirements for assessment level 2                                       81

5A710... English language proficiency............................................................ 81

5A711... Financial capacity.............................................................................. 81

Division 5—Requirements for assessment level 1                                       83

5A712... English language proficiency............................................................ 83

5A713... Financial capacity.............................................................................. 83

Part 8—Subclass 576 (Foreign Affairs or Defence Sector)                        84

Division 2—Requirements for assessment level 2                                       84

5A804... English language proficiency............................................................ 84

5A805... Financial capacity.............................................................................. 84

5A806... Other requirements............................................................................ 85

Schedule 5B—Evidentiary requirements for student visas—secondary applicants    86

Part 1—Preliminary                                                                                                           86

5B101... Definitions........................................................................................ 86

5B102... Meaning of living costs and school costs.......................................... 88

5B103... Declarations...................................................................................... 89

Part 3—Evidentiary requirements for assessment level 3                           90

5B301... Requirements for assessment level 3 (Subclass 570, 571, 572, 573 or 575 visa)     90

5B302... Requirements for assessment level 3 (Subclass 574 visa)................. 91

Part 4—Evidentiary requirements for assessment level 2                           93

5B401... Requirements for assessment level 2................................................. 93

Schedule 6D—General points test for General Skilled Migration visas mentioned in subregulation 2.26AC(1)                                                     94

Part 6D.1—Age qualifications                                                                                      94

Part 6D.2—English language qualifications                                                        95

Part 6D.3—Overseas employment experience qualifications                    96

Part 6D.4—Australian employment experience qualifications                97

Part 6D.5—Aggregating points for employment experience qualifications           98

Part 6D.6—Australian professional year qualifications                               99

Part 6D.7—Educational qualifications                                                                 100

Part 6D.8—Australian study qualifications                                                       101

Part 6D.9—Credentialled community language qualifications              102

Part 6D.10—Study in regional Australia or a low‑population growth metropolitan area qualifications                                                                                                                                    103

Part 6D.11—Partner skill qualifications                                                              104

Part 6D.12—State or Territory nomination qualifications                       105

Part 6D.13—Designated area sponsorship qualifications                         106

Schedule 7A—Business innovation and investment points test—attributes and points (Business Skills (Provisional) (Class EB) visas)   107

Part 7A.1—Definitions                                                                                                    107

Part 7A.2—Age qualifications                                                                                    108

Part 7A.3—English language qualifications                                                      109

Part 7A.4—Educational qualifications                                                                 110

Part 7A.5—Business experience qualifications—Business Innovation stream only          111

Part 7A.6—Investor experience qualifications—Investor stream only 112

Part 7A.7—Financial asset qualifications                                                            113

Part 7A.8—Business turnover qualifications                                                    114

Part 7A.9—Business innovation qualifications                                                115

Part 7A.10—Special endorsement qualifications                                            117

Schedule 8—Visa conditions                                                                           118

Schedule 9Special entry and clearance arrangements  136

Part 1—Persons to whom special arrangements apply under section 166 of the Act      136

Part 2—Persons not required to comply with section 166 of the Act 141

Schedule 10—Prescribed forms                                                                   143

Form 1—Search Warrant—Valuables                                                                 143

Form 2—Search warrant                                                                                              144

Form 3—Document issued in accordance with Annex 9 of the ICAO Convention on International Civil Aviation                                                                                                                 146

Form 4—Identity card                                                                                                    148

Schedule 11—Memorandum of Understanding                       149

Schedule 12—Exchange of letters                                                             151

Part 1                                                                                                                                        151

Part 2                                                                                                                                        152

Schedule 13—Transitional arrangements                                        153

Part 1—Amendments made by Migration Amendment Regulation 2012 (No. 2)              153

101........ Operation of Schedule 1.................................................................. 153

102         Operation of Schedule 2.................................................................. 153

Part 2—Amendments made by Migration Legislation Amendment Regulation 2012 (No. 2)    154

201........ Operation of Schedule 1.................................................................. 154

Part 3—Amendments made by Migration Amendment Regulation 2012 (No. 3)              155

301........ Operation of Schedule 1.................................................................. 155

Part 4—Amendments made by Migration Legislation Amendment Regulation 2012 (No. 3)    156

401........ Operation of amendments............................................................... 156

Part 5—Amendments made by Migration Amendment Regulation 2012 (No. 5)              157

501........ Operation of Schedule 1.................................................................. 157

Part 6—Amendments made by the Migration Legislation Amendment Regulation 2012 (No. 4)            158

601........ Operation of Schedule 1.................................................................. 158

602........ Operation of Schedule 2.................................................................. 158

603........ Operation of Schedule 3.................................................................. 158

Part 7—Amendments made by Migration Legislation Amendment Regulation 2012 (No. 5)    160

701........ Operation of amendments............................................................... 160

Part 8—Amendments made by Migration Amendment Regulation 2012 (No. 7)              162

801........ Operation of Schedule 1.................................................................. 162

Part 10—Amendments made by the Migration Amendment Regulation 2012 (No. 8)   163

1001...... Operation of amendments............................................................... 163

Part 12—Amendments made by the Migration Amendment Regulation 2013 (No. 1)   165

1201...... Operation of Schedules 1 to 7......................................................... 165

Part 13—Amendments made by the Migration Legislation Amendment Regulation 2013 (No. 1)         166

1301...... Operation of Schedule 1.................................................................. 166

1302...... Operation of Schedule 2.................................................................. 166

1303...... Operation of Schedule 3.................................................................. 166

1304...... Operation of Schedule 4.................................................................. 167

Part 14—Amendments made by Migration Amendment Regulation 2013 (No. 2)           168

1401...... Operation of Schedule 1.................................................................. 168

Part 15—Amendments made by the Migration Legislation Amendment Regulation 2013 (No. 2)         169

1501...... Operation of Schedule 1.................................................................. 169

Part 16—Amendments made by the Migration Amendment (Permanent Protection Visas) Regulation 2013                                                                                               170

1601...... Operation of Schedule 1.................................................................. 170

Part 16A—Amendments made by the Migration Amendment (Subclass 050 and Subclass 051 Visas) Regulation 2013                                                                                               171

16A01... Operation of Schedule 1.................................................................. 171

Part 17—Amendments made by the Migration Amendment (Visa Application Charge and Related Matters) Regulation 2013                                                                           172

1701...... Operation of Schedule 1.................................................................. 172

Part 19Amendments made by the Migration Legislation Amendment Regulation 2013 (No. 3)         173

1901...... Operation of Schedule 1.................................................................. 173

1902...... Operation of Schedule 2.................................................................. 173

1903...... Operation of Schedule 3.................................................................. 174

1904...... Operation of Schedule 4.................................................................. 175

1905...... Operation of Schedule 5.................................................................. 175

1906...... Operation of Schedule 6.................................................................. 175

1907...... Operation of Schedule 7.................................................................. 176

1908...... Operation of Schedule 8.................................................................. 176

1909...... Operation of Schedule 9.................................................................. 176

Part 20Amendments made by the Migration Amendment Regulation 2013 (No. 5)   177

2001...... Operation of Schedule 1.................................................................. 177

Part 22—Amendments made by the Migration Amendment (Skills Assessment) Regulation 2013        179

2201...... Operation of Schedule 1.................................................................. 179

Part 23—Amendments made by the Migration Amendment (Visa Application Charge and Related Matters No. 2) Regulation 2013                                                             180

2301...... Operation of Schedule 1.................................................................. 180

Part 24—Amendments made by the Migration Amendment (Internet Applications and Related Matters) Regulation 2013                                                                                               181

2401...... Operation of Schedule 1.................................................................. 181

Part 25—Amendments made by the Migration Amendment (Bridging Visas—Code of Behaviour) Regulation 2013                                                                                               182

2501...... Operation of Schedule 1.................................................................. 182

Part 27—Amendments made by the Migration Amendment (2014 Measures No. 1) Regulation 2014                                                                                                                                    183

2701...... Operation of Schedules 1 to 3......................................................... 183

2702...... Operation of Schedule 4.................................................................. 183

2703...... Operation of Schedule 5.................................................................. 183

Part 28—Amendments made by the Migration Amendment (Redundant and Other Provisions) Regulation 2014                                                                                               184

2801...... Operation of Schedule 1.................................................................. 184

Part 29—Amendments made by the Migration Amendment (Credit Card Surcharge) Regulation 2014                                                                                                                                    186

2901...... Operation of Schedule 1.................................................................. 186

Part 30—Amendments made by the Migration Amendment (Repeal of Certain Visa Classes) Regulation 2014                                                                                               187

3001...... Operation of Schedule 1.................................................................. 187

Part 31—Amendments made by the Migration Legislation Amendment (2014 Measures No. 1) Regulation 2014                                                                                               188

3101...... Operation of Schedule 1.................................................................. 188

3102...... Operation of Schedules 2 and 3...................................................... 188

3103...... Operation of Schedule 5.................................................................. 188

3104...... Operation of Schedule 7.................................................................. 188

Part 32—Amendments made by the Migration Amendment (Credit Card Surcharge Additional Measures) Regulation 2014                                                                       189

3201...... Operation of Schedule 1.................................................................. 189

 


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

(regulation 1.03)

  

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

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

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

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

                     (c)  if the applicant:

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

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

                            whichever is the later of:

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

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

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

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

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

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

3003           If:

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

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

                              (i)  an illegal entrant; or

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

the Minister is satisfied that:

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

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

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

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

                             (ii)  any subsequent bridging visa; and

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

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

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

3004           If the applicant:

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

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

the Minister is satisfied that:

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

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

                     (e)  the applicant has complied substantially with:

                              (i)  the conditions that apply or applied to:

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

                                        (B)  any subsequent bridging visa; or

                             (ii)  the conditions that apply or applied to:

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

                                        (B)  any subsequent bridging visa; and

                      (f)  either:

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

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

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

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

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

                     (a)  this Schedule; or

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

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

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

Schedule 4Public interest criteria and related provisions

(regulation 1.03)

Part 1Public interest criteria

4001           Either:

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

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

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

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

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

4003           The applicant:

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

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

                     (c)  either:

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

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

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

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

4005     (1)  The applicant:

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

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

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

                            unless a Medical Officer of the Commonwealth decides otherwise; and

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

                     (a)  is free from tuberculosis; and

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

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

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

                                        (A)  require health care or community services; or

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

                                   during the period described in subclause (2); and

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

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

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

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

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

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

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

                     (b)  for an application for a temporary visa:

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

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

             (3)  If:

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

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

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

4006A  (1)  The applicant:

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

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

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

                            unless a Medical Officer of the Commonwealth decides otherwise; and

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

                     (a)  is free from tuberculosis; and

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

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

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

                                        (A)  require health care or community services; or

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

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

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

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

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

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

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

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

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

                     (b)  for an application for a temporary visa:

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

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

          (1B)  If:

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

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

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

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

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

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

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

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

4007     (1)  The applicant:

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

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

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

                            unless a Medical Officer of the Commonwealth decides otherwise; and

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

                     (a)  is free from tuberculosis; and

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

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

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

                                        (A)  require health care or community services; or

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

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

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

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

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

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

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

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

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

                     (b)  for an application for a temporary visa:

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

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

          (1B)  If:

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

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

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

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

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

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

                              (i)  undue cost to the Australian community; or

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

4009           The applicant:

                     (a)  intends to live permanently in Australia; and

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

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

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

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

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

                     (b)  the applicant has all the characteristics of a class of persons specified in a legislative instrument made by the Minister for the purposes of this paragraph.

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

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

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

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

                     (a)  nationality;

                     (b)  marital or relationship status;

                     (c)  age;

                     (d)  sex;

                     (e)  occupation;

                      (f)  the class of visa currently applied for;

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

4012           In the case of an applicant:

                     (a)  who has not turned 18; and

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

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

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

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

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

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

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

                             (ii)  is:

                                        (A)  a relative of the applicant; and

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

                                        (C)  aged at least 21; and

                                        (D)  of good character; or

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

                              (i)  certificate of enrolment; or

                             (ii)  electronic confirmation of enrolment; or

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

                            plus 7 days after the end of that period.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

4014     (1)  If the applicant is affected by the risk factor specified in subclause (4):

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

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

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

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

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

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

                     (a)  an unlawful non‑citizen; or

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

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

                     (a)  the person left Australia within 28 days after a substantive visa held by the person ceased to be in effect; or

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

                              (i)  within 28 days after a substantive visa held by the person ceased to be in effect; or

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

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

                                        (B)  within 28 days after a substantive visa held by the person ceased to be in effect.

4015           The Minister is satisfied of 1 of the following:

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

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

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

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

4017           The Minister is satisfied of 1 of the following:

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

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

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

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

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

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

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

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

                     (a)  the application for the visa; or

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

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

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

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

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

          (2A)  The applicant satisfies the Minister as to the applicant’s identity.

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

                     (a)  starting 10 years before the application was made; and

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

neither the applicant, nor any member of the family unit of the applicant, has been refused a visa because of a failure to satisfy the criteria in subclause (2A).

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

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

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

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

justify the granting of the visa.

             (5)  In this clause:

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

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

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

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

4021           Either:

                     (a)  the applicant holds a valid passport that:

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

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

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

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

4022           Either:

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

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

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

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

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

 

Column 1
Item

Column 2
Visa Subclass

Column 3
Conditions

4050

405 (Investor Retirement)

8104

4051

410 (Retirement)

8101 or 8104

4052

419 (Visiting Academic)

8103

4055

442 (Occupational Trainee)

8102

4055AA

470 (Professional Development)

8102, 8501, 8531 or 8536

4055AAA

402 (Training and Research)

8102, 8103, 8501, 8531 or 8536

4055AB

488 (Superyacht Crew)

8107 or 8114

4055A

497 (Graduate—Skilled)

8501

4056

560 (Student)

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

4057

562 (Iranian Postgraduate Student)

8105, 8202, 8501 or 8517

4058

563 (Iranian Postgraduate Student (Dependant))

8104, 8501 or 8518

4058A

570 (Independent ELICOS Sector)

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

4058B

571 (Schools Sector)

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

4058C

572 (Vocational Education and Training Sector)

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

4058D

573 (Higher Education Sector)

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

4058E

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

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

4058F

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

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

4058G

576 (Foreign Affairs or Defence Sector)

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

4058GA

602 (Medical Treatment)

8101 or 8201

4058H

651 (eVisitor)

8101, 8115 or 8201

4064

675 (Medical Treatment (Short Stay))

8101 or 8201

4065A

676 (Tourist)

8101, 8201 or 8558

4065B

600 (Visitor)

8101, 8115, 8201 and 8558

4070

685 (Medical)

8101 or 8201

4072

771 (Transit)

8101 or 8201

4073

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

8201


4074

976 (Electronic Travel Authority (Visitor))

8101 or 8201

4075

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

8201

4076

601 (Electronic Travel Authority)

8115 and 8201

 


Part 3Requirements for public interest criterion 4019

  

3.1  Values statement

Statement

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

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

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

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

                     (c)  compliance with the laws of Australia.

             (3)  A values statement may include other provisions.

Signing values statement—Internet application

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

Part 4Requirements for public interest criterion 4022

  

4.1  Code of behaviour

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

Schedule 5Special return criteria

(regulation 1.03)

  

5001           The applicant is not:

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

                              (i)  section 200 of the Act; or

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

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

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

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

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

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

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

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

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

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

5010     (1)  If:

                     (a)  the applicant is the holder of a Foreign Affairs student visa; or

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

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

             (2)  If:

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

                     (b)  both:

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

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

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

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

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

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

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

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

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

                     (a)  has ceased:

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

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

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

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

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

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

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

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

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

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

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

             (6)  In this clause:

cease has the same meaning as in regulation 1.04A.

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

Schedule 5AEvidentiary requirements for student visas

(regulation 1.44)

Part 1Preliminary

  

5A101  Definitions

                   In this Schedule:

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

acceptable individual means one or more of the following:

                     (a)  the applicant;

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

                     (c)  a parent of the applicant;

                     (d)  a grandparent of the applicant;

                     (e)  a brother or sister of the applicant;

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

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

                             (ii)  usually resident in Australia.

acceptable non‑profit organisation means an organisation that:

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

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

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

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

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

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

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

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

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

                     (a)  begins:

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

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

                     (b)  ends on the earlier of the following:

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

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

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

Note:          Registered course is defined in regulation 1.03.

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

                     (a)  begins:

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

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

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

fully funded has the meaning given by clause 5A103.

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

money deposit means a money deposit with a financial institution.

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

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

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

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

5A102  Alternatives to the IELTS test

                   The Minister may, by legislative instrument, specify:

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

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

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

5A103  Meaning of fully funded

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

                     (a)  a multilateral agency;

                     (b)  the government of a foreign country;

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

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

                     (a)  course fees;

                     (b)  living costs;

                     (c)  travel costs.

5A104  Meaning of living costs and school costs

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

 

Item

Description of applicant

Rate

1

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

(a) fully funded; or

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

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

(ii) an organisation specified in a legislative instrument made by the Minister for this clause; or

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

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

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

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

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

2

Applicant:

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

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

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

(ii) the government of a foreign country; or

(iii) a multilateral agency; and

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

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

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

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

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

 

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

 

3

Applicant who:

(a) is subject to assessment level 2; and

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

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

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

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

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

4

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

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

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

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

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

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

 

Item

Description of applicant

Rate

1

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

(a) fully funded; or

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

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

(ii) an organisation specified in a legislative instrument made by the Minister for this clause; or

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

$8 000 per year for each child who is:

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

(b) a family applicant

2

Applicant:

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

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

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

(ii) the government of a foreign country; or

(iii) a multilateral agency; and

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

$8 000 per year for each child who is:

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

(b) a family applicant

 

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

 

3

Applicant who:

(a) is subject to assessment level 2; and

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

$8 000 per year for each child who is:

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

(b) a family applicant

4

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

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

5A106  Satisfying a proposed education provider about English language proficiency

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

5A107  Secondary exchange student must give AASES

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

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

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

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

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

5A108  Applicant must show enrolment or offer of place

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

                     (a)  a certificate of enrolment; or

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

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

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

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

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

5A109  Requirement to give declaration

                   In this Schedule, if:

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

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

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

Part 2Subclass 570 (Independent ELICOS Sector)

Division 3Requirements for assessment level 3

5A207  English language proficiency

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

5A208  Financial capacity

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

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

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

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

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

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

          (1A)  If the applicant is:

                     (a)  fully funded; or

                     (b)  an applicant:

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

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

                                        (B)  the government of a foreign country; or

                                        (C)  a multilateral agency; and

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

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

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

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

                             (ii)  an organisation specified in a legislative instrument made by the Minister for this paragraph;

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

             (2)  In this clause:

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

                     (a)  a scholarship that:

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

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

                            (iii)  is awarded to the greater of:

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

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

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

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

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

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

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

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

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

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

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

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

                     (d)  financial support from:

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

                             (ii)  the government of a foreign country; or

                            (iii)  a corporation that:

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

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

                            (iv)  a multilateral agency; or

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

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

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

                          (viii)  an acceptable non‑profit organisation.

5A209  Other requirements

                   The applicant must give evidence:

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

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

Division 4Requirements for assessment level 2

5A210  English language proficiency

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

5A211  Financial capacity

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

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

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

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

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

          (1A)  If the applicant is:

                     (a)  fully funded; or

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

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

                             (ii)  an organisation specified in a legislative instrument made by the Minister for this paragraph;

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

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

5A212  Other requirements

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

Division 5Requirements for assessment level 1

5A213  English language proficiency

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

5A214  Financial capacity

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

                     (a)  the following expenses for the full period:

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

                     (b)  travel costs.

Part 3Subclass 571 (Schools Sector)

Division 3Requirements for assessment level 3

5A307  English language proficiency

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

             (2)  If the applicant:

                     (a)  is not a secondary exchange student; and

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

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

5A308  Financial capacity

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

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

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

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

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

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

          (1A)  If the applicant is:

                     (a)  fully funded; or

                     (b)  an applicant:

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

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

                                        (B)  the government of a foreign country; or

                                        (C)  a multilateral agency; and

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

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

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

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

                             (ii)  an organisation specified in a legislative instrument made by the Minister for this paragraph;

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

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

                     (a)  if the applicant:

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

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

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

                            a money deposit held by an acceptable individual;

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

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

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

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

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

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

                            (iii)  the government of a foreign country; or

                            (iv)  a corporation that:

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

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

                             (v)  a multilateral agency; or

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

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

                          (viii)  an acceptable non‑profit organisation.

5A309  Other requirements

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

                     (a)  must give evidence that:

                              (i)  either:

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

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

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

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

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

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

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

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

                     (b)  must:

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

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

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

Division 4Requirements for assessment level 2

5A310  English language proficiency

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

5A311  Financial capacity

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

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

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

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

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

          (1A)  If the applicant is:

                     (a)  fully funded; or

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

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

                             (ii)  an organisation specified in a legislative instrument made by the Minister for this paragraph;

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

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

5A312  Other requirements

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

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

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

Division 5Requirements for assessment level 1

5A313  English language proficiency

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

5A314  Financial capacity

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

                     (a)  the following expenses for the full period:

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

                     (b)  travel costs.

5A315  Other requirements

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

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

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

Part 4Subclass 572 (Vocational Education and Training Sector)

Division 3Requirements for assessment level 3

5A407  English language proficiency

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

                     (a)  the applicant:

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

                             (ii)  achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 5.5;

                     (b)  the applicant:

                              (i)  will undertake an ELICOS of no more than 30 weeks duration before commencing his or her principal course; and

                             (ii)  achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 4.5;

                     (c)  the applicant:

                              (i)  is fully funded; and

                             (ii)  has a level of English language proficiency that satisfies his or her proposed education provider; and

                            (iii)  if the applicant is to undertake an ELICOS before commencing his or her principal course—will undertake an ELICOS of no more than 30 weeks duration;

                     (d)  the applicant had, less than 2 years before the date of the application:

                              (i)  successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that was conducted:

                                        (A)  in Australia; and

                                        (B)  in English; or

                             (ii)  successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that:

                                        (A)  is specified by the Minister in an instrument in writing for this sub‑subparagraph; and

                                        (B)  was conducted outside Australia; and

                                        (C)  was conducted in English; or

                            (iii)  as the holder of a student visa—successfully completed a substantial part of a course (other than a foundation course) that:

                                        (A)  was conducted in English; and

                                        (B)  was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or

                            (iv)  successfully completed a substantial part of a course that:

                                        (A)  is specified by the Minister in an instrument in writing for this sub‑subparagraph; and

                                        (B)  was conducted outside Australia; and

                                        (C)  was conducted in English; and

                                        (D)  was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or

                             (v)  successfully completed a foundation course that was conducted:

                                        (A)  in Australia; and

                                        (B)  in English; or

                            (vi)  successfully completed a course in foundation studies that:

                                        (A)  is specified by the Minister in an instrument in writing for this sub‑subparagraph; and

                                        (B)  was conducted outside Australia; and

                                        (C)  was conducted in English;

                     (e)  the applicant achieved, less than 2 years before the date of the application, the required score in a test that is specified in a legislative instrument made by the Minister under clause 5A102;

                      (f)  the applicant has:

                              (i)  a level of English language proficiency that satisfies the applicant’s proposed education provider; and

                             (ii)  at least 5 years of study in English undertaken in 1 or more of the following countries:

                                        (A)  Australia;

                                        (B)  Canada;

                                        (C)  New Zealand;

                                        (D)  South Africa;

                                         (E)  the Republic of Ireland;

                                         (F)  the United Kingdom;

                                        (G)  the United States of America.

5A408  Financial capacity

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

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

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

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

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

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

          (1A)  If the applicant is:

                     (a)  fully funded; or

                     (b)  an applicant:

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

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

                                        (B)  the government of a foreign country; or

                                        (C)  a multilateral agency; and

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

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

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

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

                             (ii)  an organisation specified in a legislative instrument made by the Minister for this paragraph;

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

             (2)  In this clause:

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

                     (a)  a scholarship that:

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

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

                            (iii)  is awarded to the greater of:

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

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

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

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

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

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

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

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

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

                     (a)  if the applicant:

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

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

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

                            a money deposit held by an acceptable individual;

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

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

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

                     (d)  financial support from:

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

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

                            (iii)  the government of a foreign country; or

                            (iv)  a corporation that:

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

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

                             (v)  a multilateral agency; or

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

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

                          (viii)  an acceptable non‑profit organisation.

5A409  Other requirements

                   The applicant must give evidence:

                     (a)  that he or she has successfully completed secondary schooling to the year 11 level (or its equivalent); and

                     (b)  that:

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

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

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

Division 4Requirements for assessment level 2

5A410  English language proficiency

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

5A411  Financial capacity

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

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

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

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

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

          (1A)  If the applicant is:

                     (a)  fully funded; or

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

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

                             (ii)  an organisation specified in a legislative instrument made by the Minister for this paragraph;

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

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

Division 5Requirements for assessment level 1

5A412  English language proficiency

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

5A413  Financial capacity

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

                     (a)  the following expenses for the full period:

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

                     (b)  travel costs.

Part 5Subclass 573 (Higher Education Sector)

Division 3Requirements for assessment level 3

5A507  English language proficiency

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

                     (a)  the applicant:

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

                             (ii)  achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 6.0 or the required score in an English language proficiency test that is specified in a legislative instrument made by the Minister under clause 5A102;

                    (aa)  the applicant has:

                              (i)  achieved, in an IELTS test that was taken less than 2 years before the time of making the application, an Overall Band Score of at least 5.5 or the required score in an English language proficiency test that is specified in a legislative instrument made by the Minister under clause 5A102; and

                             (ii)  enrolled in a foundation course before commencing the applicant’s principal course;

                     (b)  the applicant:

                              (i)  will undertake an ELICOS of no more than 30 weeks duration before commencing his or her principal course; and

                             (ii)  achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 5.0 or the required score in an English language proficiency test that is specified in a legislative instrument made by the Minister under clause 5A102;

                     (c)  the applicant:

                              (i)  is fully funded; and

                             (ii)  has a level of English language proficiency that satisfies his or her proposed education provider; and

                            (iii)  if the applicant is to undertake an ELICOS before commencing his or her principal course—will undertake an ELICOS of no more than 30 weeks duration;

                     (d)  the applicant had, less than 2 years before the date of the application:

                              (i)  successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that was conducted:

                                        (A)  in Australia; and

                                        (B)  in English; or

                             (ii)  successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that:

                                        (A)  is specified by the Minister in an instrument in writing for this sub‑subparagraph; and

                                        (B)  was conducted outside Australia; and

                                        (C)  was conducted in English; or

                            (iii)  as the holder of a student visa—successfully completed a substantial part of a course (other than a foundation course) that:

                                        (A)  was conducted in English; and

                                        (B)  was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or

                            (iv)  successfully completed a substantial part of a course that:

                                        (A)  is specified by the Minister in an instrument in writing for this sub‑subparagraph; and

                                        (B)  was conducted outside Australia; and

                                        (C)  was conducted in English; and

                                        (D)  was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or

                             (v)  successfully completed a foundation course that was conducted:

                                        (A)  in Australia; and

                                        (B)  in English; or

                            (vi)  successfully completed a course in foundation studies that:

                                        (A)  is specified by the Minister in an instrument in writing for this sub‑subparagraph; and

                                        (B)  was conducted outside Australia; and

                                        (C)  was conducted in English;

                     (e)  the applicant has:

                              (i)  a level of English language proficiency that satisfies the applicant’s proposed education provider; and

                             (ii)  at least 5 years of study in English undertaken in 1 or more of the following countries:

                                        (A)  Australia;

                                        (B)  Canada;

                                        (C)  New Zealand;

                                        (D)  South Africa;

                                         (E)  the Republic of Ireland;

                                         (F)  the United Kingdom;

                                        (G)  the United States of America.

             (2)  For subclause (1), an applicant is not required to give evidence of English language proficiency if:

                     (a)  the application was made outside Australia; and

                     (b)  the applicant:

                              (i)  provides a certificate of enrolment in a course that has been specified by the Minister in a legislative instrument made under subregulation 1.44(2) (the specified course); and

                             (ii)  will not undertake any other course before commencing the specified course.

5A508  Financial capacity

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

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

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

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

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

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

          (1A)  If the applicant is:

                     (a)  fully funded; or

                     (b)  an applicant:

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

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

                                        (B)  the government of a foreign country; or

                                        (C)  a multilateral agency; and

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

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

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

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

                             (ii)  an organisation specified in a legislative instrument made by the Minister for this paragraph;

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

             (2)  In this clause:

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

                     (a)  a scholarship that:

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

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

                            (iii)  is awarded to the greater of:

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

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

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

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

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

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

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

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

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

                     (a)  if the applicant:

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

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

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

                            a money deposit held by an acceptable individual;

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

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

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

                     (e)  financial support from:

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

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

                            (iii)  the government of a foreign country; or

                            (iv)  a corporation that:

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

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

                             (v)  a multilateral agency; or

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

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

                          (viii)  an acceptable non‑profit organisation.

5A509  Other requirements

                   The applicant must give evidence that:

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

                     (b)  he or she:

                              (i)  has successfully completed secondary schooling to the year 11 level (or its equivalent); and

                             (ii)  has successfully completed in Australia a foundation course; or

                     (c)  he or she:

                              (i)  has successfully completed secondary schooling to the year 11 level (or its equivalent); and

                             (ii)  has a certificate of enrolment in a foundation course that is to be undertaken in Australia before commencing the applicant’s principal course; or

                     (d)  he or she:

                              (i)  has successfully completed secondary schooling to the year 11 level (or its equivalent); and

                             (ii)  has successfully completed a course in foundation studies that:

                                        (A)  is specified by the Minister in an instrument in writing for this sub‑subparagraph; and

                                        (B)  was conducted outside Australia; or

                     (e)  he or she has successfully completed a qualification from the Australian Qualifications Framework at the Certificate IV level or higher in a course that was conducted in Australia; or

                      (f)  he or she has a certificate of enrolment in a course that:

                              (i)  leads to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; and

                             (ii)  is to be undertaken in Australia before commencing the applicant’s principal course; or

                     (g)  he or she has successfully completed a qualification from the Australian Qualifications Framework at the Certificate IV level or higher in a course that:

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

                             (ii)  was conducted outside Australia.

Division 4Requirements for assessment level 2

5A510  English language proficiency

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

5A511  Financial capacity

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

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

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

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

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

          (1A)  If the applicant is:

                     (a)  fully funded; or

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

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

                             (ii)  an organisation specified in a legislative instrument made by the Minister for this paragraph;

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

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

5A512  Other requirements

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

Division 5Requirements for assessment level 1

5A513  English language proficiency

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

5A514  Financial capacity

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

                     (a)  the following expenses for the full period:

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

                     (b)  travel costs.

5A515  Other requirements

                   The applicant must give evidence that he or she has the educational qualifications required by the applicant’s proposed education provider.

Part 6Subclass 574 (Postgraduate Research Sector)

Division 3Requirements for assessment level 3

5A607  English language proficiency

             (1)  An applicant is not required to provide evidence of English language proficiency if the application was made outside Australia, and:

                     (a)  the applicant provides evidence that he or she has successfully completed a course, or a course that is included in a class of courses, specified in a legislative instrument made by the Minister for this paragraph; or

                     (b)  the applicant:

                              (i)  provides a certificate of enrolment in a course that has been specified by the Minister in a legislative instrument made under subregulation 1.44(2) (the specified course); and

                             (ii)  will not undertake any other course before commencing the specified course.

             (2)  If subclause (1) does not apply, the applicant must give evidence that one of the following applies:

                     (a)  the applicant:

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

                             (ii)  achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 6.0;

                     (b)  the applicant:

                              (i)  will undertake an ELICOS of no more than 30 weeks duration before commencing his or her principal course; and

                             (ii)  achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 5.0;

                     (c)  the applicant:

                              (i)  is fully funded or holds an International Postgraduate Research Scholarship funded by the Commonwealth Government; and

                             (ii)  has a level of English language proficiency that satisfies his or her proposed education provider; and

                            (iii)  if the applicant is to undertake an ELICOS before commencing his or her principal course—will undertake an ELICOS of no more than 30 weeks duration;

                     (d)  the applicant had, less than 2 years before the date of the application:

                              (i)  successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that was conducted:

                                        (A)  in Australia; and

                                        (B)  in English; or

                             (ii)  successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that:

                                        (A)  is specified by the Minister in an instrument in writing for this sub‑subparagraph; and

                                        (B)  was conducted outside Australia; and

                                        (C)  was conducted in English; or

                            (iii)  as the holder of a student visa—successfully completed a substantial part of a course (other than a foundation course) that:

                                        (A)  was conducted in English; and

                                        (B)  was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or

                            (iv)  successfully completed a substantial part of a course that:

                                        (A)  is specified by the Minister in an instrument in writing for this sub‑subparagraph; and

                                        (B)  was conducted outside Australia; and

                                        (C)  was conducted in English; and

                                        (D)  was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or

                             (v)  successfully completed a foundation course that was conducted:

                                        (A)  in Australia; and

                                        (B)  in English; or

                            (vi)  successfully completed a course in foundation studies that:

                                        (A)  is specified by the Minister in an instrument in writing for this sub‑subparagraph; and

                                        (B)  was conducted outside Australia; and

                                        (C)  was conducted in English;

                     (e)  the applicant achieved, less than 2 years before the date of the application, the required score in a test that is specified in a legislative instrument made by the Minister under clause 5A102;

                      (f)  the applicant has:

                              (i)  a level of English language proficiency that satisfies the applicant’s proposed education provider; and

                             (ii)  at least 5 years of study in English undertaken in 1 or more of the following countries:

                                        (A)  Australia;

                                        (B)  Canada;

                                        (C)  New Zealand;

                                        (D)  South Africa;

                                         (E)  the Republic of Ireland;

                                         (F)  the United Kingdom;

                                        (G)  the United States of America.

5A608  Financial capacity

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

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

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

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

                     (c)  a declaration by the applicant stating that he or she has access to funds from an acceptable source that are sufficient to meet course fees, living costs and school costs for the remainder of his or her expected stay in Australia; and

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

          (1A)  If the applicant:

                     (a)  is fully funded; or

                     (b)  is an applicant:

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

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

                                        (B)  the government of a foreign country; or

                                        (C)  a multilateral agency; and

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

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

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

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

                             (ii)  an organisation specified in a legislative instrument made by the Minister for this paragraph; or

                     (d)  holds an International Postgraduate Research Scholarship funded by the Commonwealth Government;

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

             (2)  In this clause:

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

                     (a)  a scholarship that:

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

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

                            (iii)  is awarded to the greater of:

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

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

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

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

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

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

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

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

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

                     (a)  a money deposit held by an acceptable individual;

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

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

                     (d)  financial support from:

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

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

                            (iii)  the government of a foreign country; or

                            (iv)  a corporation that:

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

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

                             (v)  a multilateral agency; or

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

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

                          (viii)  an acceptable non‑profit organisation.

5A609  Other requirements

                   The applicant must give evidence that he or she has completed an undergraduate degree or its equivalent.

Division 4Requirements for assessment level 2

5A610  English language proficiency

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

5A611  Financial capacity

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

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

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

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

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

          (1A)  If the applicant:

                     (a)  is fully funded; or

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

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

                             (ii)  an organisation specified by the Minister in a in a legislative instrument made for this paragraph; or

                     (c)  holds an International Postgraduate Research Scholarship funded by the Commonwealth Government;

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

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

5A612  Other requirements

                   The applicant must give evidence that he or she has completed an undergraduate degree or its equivalent.

Division 5Requirements for assessment level 1

5A613  English language proficiency

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

5A614  Financial capacity

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

                     (a)  the following expenses for the full period:

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

                     (b)  travel costs.

5A615  Other requirements

                   The applicant must give evidence that he or she has the educational qualifications required by the applicant’s proposed education provider.

Part 7Subclass 575 (Non‑Award Sector)

Division 3Requirements for assessment level 3

5A707  English language proficiency

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

                     (a)  the applicant:

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

                             (ii)  achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 5.5;

                     (b)  the applicant:

                              (i)  will undertake an ELICOS of no more than 30 weeks duration before commencing his or her principal course; and

                             (ii)  achieved, in an IELTS test that was taken less than 2 years before the date of the application, an Overall Band Score of at least 4.5;

                     (c)  the applicant:

                              (i)  is fully funded; and

                             (ii)  has a level of English language proficiency that satisfies his or her proposed education provider; and

                            (iii)  if the applicant is to undertake an ELICOS before commencing his or her principal course—will undertake an ELICOS of no more than 30 weeks duration;

                     (d)  the applicant had, less than 2 years before the date of the application:

                              (i)  successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that was conducted:

                                        (A)  in Australia; and

                                        (B)  in English; or

                             (ii)  successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that:

                                        (A)  is specified by the Minister in an instrument in writing for this sub‑subparagraph; and

                                        (B)  was conducted outside Australia; and

                                        (C)  was conducted in English; or

                            (iii)  as the holder of a student visa—successfully completed a substantial part of a course (other than a foundation course) that:

                                        (A)  was conducted in English; and

                                        (B)  was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or

                            (iv)  successfully completed a substantial part of a course that:

                                        (A)  is specified by the Minister in an instrument in writing for this sub‑subparagraph; and

                                        (B)  was conducted outside Australia; and

                                        (C)  was conducted in English; and

                                        (D)  was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or

                             (v)  successfully completed a foundation course that was conducted:

                                        (A)  in Australia; and

                                        (B)  in English; or

                            (vi)  successfully completed a course in foundation studies that:

                                        (A)  is specified by the Minister in an instrument in writing for this sub‑subparagraph; and

                                        (B)  was conducted outside Australia; and

                                        (C)  was conducted in English;

                     (e)  the applicant achieved, less than 2 years before the date of the application, the required score in a test that is specified in a legislative instrument made by the Minister under clause 5A102;

                      (f)  the applicant has:

                              (i)  a level of English language proficiency that satisfies the applicant’s proposed education provider; and

                             (ii)  at least 5 years of study in English undertaken in 1 or more of the following countries:

                                        (A)  Australia;

                                        (B)  Canada;

                                        (C)  New Zealand;

                                        (D)  South Africa;

                                         (E)  the Republic of Ireland;

                                         (F)  the United Kingdom;

                                        (G)  the United States of America.

5A708  Financial capacity

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

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

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

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

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

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

          (1A)  If the applicant is:

                     (a)  fully funded; or

                     (b)  an applicant:

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

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

                                        (B)  the government of a foreign country; or

                                        (C)  a multilateral agency; and

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

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

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

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

                             (ii)  an organisation specified in a legislative instrument made by the Minister for this paragraph;

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

             (2)  In this clause:

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

                     (a)  a scholarship that:

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

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

                            (iii)  is awarded to the greater of:

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

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

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

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

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

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

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

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

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

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

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

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

                     (d)  financial support from:

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

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

                            (iii)  the government of a foreign country; or

                            (iv)  a corporation that:

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

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

                             (v)  a multilateral agency; or

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

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

                          (viii)  an acceptable non‑profit organisation.

5A709  Other requirements

                   The applicant must give evidence that he or she has successfully completed secondary schooling to the year 11 level (or its equivalent).

Division 4Requirements for assessment level 2

5A710  English language proficiency

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

5A711  Financial capacity

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

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

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

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

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

          (1A)  If the applicant is:

                     (a)  fully funded; or

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

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

                             (ii)  an organisation specified in a legislative instrument made by the Minister for this paragraph;

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

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

Division 5Requirements for assessment level 1

5A712  English language proficiency

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

5A713  Financial capacity

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

                     (a)  the following expenses for the full period:

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

                     (b)  travel costs.

Part 8Subclass 576 (Foreign Affairs or Defence Sector)

Division 2Requirements for assessment level 2

5A804  English language proficiency

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

5A805  Financial capacity

             (1)  Subject to subclause (2), if the applicant has the support of the Foreign Minister or the Defence Minister, the applicant must give evidence of that fact.

             (2)  If required to do so in writing by the Minister, the applicant must also give, in accordance with this clause:

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

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

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

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

                     (d)  the applicant has access to funds that are sufficient to support each member of the applicant’s family unit who is not a family applicant.

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

                     (a)  a money deposit or the value of an item of property held by the applicant or by a person who is providing support to the applicant;

                     (b)  a loan from a financial institution;

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

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

                              (i)  the government of a foreign country; or

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

                            (iii)  a business; or

                            (iv)  a multilateral agency;

                     (e)  support from the Foreign Minister or the Defence Minister.

5A806  Other requirements

                   The applicant must give evidence:

                     (a)  that he or she is:

                              (i)  a person who has the support of the Foreign Minister; or

                             (ii)  a person who has the support of the Defence Minister; and

                     (b)  of the expected duration of the applicant’s study or training in Australia.

Schedule 5BEvidentiary requirements for student visas—secondary applicants

(Schedule 2, clauses 570.332, 571.332, 572.332, 573.332, 574.332, 575.332 and 576.333)

Part 1Preliminary

  

5B101  Definitions

                   In this Schedule:

acceptable individual means one or more of the following:

                     (a)  the applicant;

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

                     (c)  a parent of the applicant;

                     (d)  a grandparent of the applicant;

                     (e)  a brother or sister of the applicant;

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

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

                             (ii)  usually resident in Australia.

acceptable non‑profit organisation means an organisation that:

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

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

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

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

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

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

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

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

financial support, from the education provider or proposed education provider of a primary person who is the holder of a Subclass 570, 572, 573, 574 or 575 visa, means:

                     (a)  a scholarship awarded to the primary person that:

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

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

                            (iii)  is awarded to the greater of:

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

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

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

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

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

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

                             (ii)  the primary person is studying, or proposes to study, full‑time;

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

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

                     (a)  begins:

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

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

                     (b)  ends on the earlier of the following:

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

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

living costs has the meaning given by subclause 5B102(1).

money deposit means a money deposit with a financial institution.

primary person means the holder of a student visa that was granted on the basis of the holder meeting the primary criteria for the student visa.

school costs has the meaning given by subclause 5B102(2).

travel costs, for an applicant, means the sum of costs for each of the applicant, any family applicant, the primary person and any member of the primary person’s family unit who is the holder of a student visa:

                     (a)  if the applicant, family applicant, primary person or member of the primary person’s family unit is not in Australia when the application is made—of travelling to Australia; and

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

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

5B102  Meaning of living costs and school costs

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

                     (a)  for the primary person—an amount specified by the Minister in an instrument in writing for this paragraph (the basic rate);

                     (b)  if the primary person has a spouse or de facto partner who is a family applicant or the holder of a student visa—35% of the basic rate;

                     (c)  if the primary person has a dependent child who is a family applicant or the holder of a student visa—20% of the basic rate;

                     (d)  if the primary person has any further dependent child who is a family applicant or the holder of a student visa—15% of the basic rate for each such child.

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

                     (a)  if the applicant is a school‑age dependant—$8 000 per year;

                     (b)  for each child who is:

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

                             (ii)  a family applicant or the holder of a student visa;

                            $8 000 per year.

5B103  Declarations

                   In this Schedule, a requirement that an applicant give a declaration of a matter is taken, for a person who is less than 18 years old, to be a requirement that:

                     (a)  a parent of the applicant; or

                     (b)  a person having custody of the applicant;

give the declaration on the applicant’s behalf.

Part 3Evidentiary requirements for assessment level 3

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

             (1)  This clause applies if a primary person:

                     (a)  is the holder of a Subclass 570, 571, 572, 573 or 575 visa; and

                     (b)  was subject to assessment level 3 at the time of the decision to grant the visa.

             (2)  The applicant must give:

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

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

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

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

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

             (3)  In this clause:

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

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

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

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

                     (d)  financial support from:

                              (i)  the primary person’s education provider or proposed education provider; or

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

                            (iii)  the government of a foreign country; or

                            (iv)  a corporation that:

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

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

                             (v)  a multilateral agency; or

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

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

                          (viii)  an acceptable non‑profit organisation.

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

             (1)  This clause applies if a primary person:

                     (a)  is the holder of a Subclass 574 visa; and

                     (b)  was subject to assessment level 3 at the time of the decision to grant the visa.

             (2)  The applicant must give:

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

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

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

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

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

             (3)  In this clause:

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

                     (a)  a money deposit held by an acceptable individual;

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

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

                     (d)  financial support from:

                              (i)  the primary person’s education provider or proposed education provider; or

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

                            (iii)  the government of a foreign country; or

                            (iv)  a corporation that:

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

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

                             (v)  a multilateral agency; or

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

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

                          (viii)  an acceptable non‑profit organisation.

Part 4Evidentiary requirements for assessment level 2

5B401  Requirements for assessment level 2

             (1)  This clause applies if a primary person:

                     (a)  is the holder of a student visa; and

                     (b)  was subject to assessment level 2 at the time of the decision to grant the visa.

             (2)  The applicant must give:

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

                              (i)  course fees;

                             (ii)  living costs;

                            (iii)  school costs; and

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

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

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

 

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

(regulation 2.26AC)

Part 6D.1Age qualifications

 

Item

At the time of invitation to apply for the visa, the applicant’s age was ...

Number of points

6D11

not less than 18 and under 25

25

6D12

not less than 25 and under 33

30

6D13

not less than 33 and under 40

25

6D14

not less than 40 and under 45

15

Part 6D.2English language qualifications

 

Item

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

Number of points

6D21

superior English

20

6D22

proficient English

10

Part 6D.3Overseas employment experience qualifications

 

Item

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

Number of points

6D31

had been employed outside Australia in:

(a) the applicant’s nominated skilled occupation; or

(b) a closely related skilled occupation;

for a period totalling at least 36 months in the 10 years immediately before that time

5

6D32

had been employed outside Australia in:

(a) the applicant’s nominated skilled occupation; or

(b) a closely related skilled occupation;

for a period totalling at least 60 months in the 10 years immediately before that time

10

6D33

had been employed outside Australia in:

(a) the applicant’s nominated skilled occupation; or

(b) a closely related skilled occupation;

for a period totalling at least 96 months in the 10 years immediately before that time

15

Part 6D.4Australian employment experience qualifications

 

Item

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

Number of points

6D41

had been employed in Australia in:

(a) the applicant’s nominated skilled occupation; or

(b) a closely related skilled occupation;

for a period totalling at least 12 months in the 10 years immediately before that time

5

6D42

had been employed in Australia in:

(a) the applicant’s nominated skilled occupation; or

(b) a closely related skilled occupation;

for a period totalling at least 36 months in the 10 years immediately before that time

10

6D43

had been employed in Australia in:

(a) the applicant’s nominated skilled occupation; or

(b) a closely related skilled occupation;

for a period totalling at least 60 months in the 10 years immediately before that time

15

6D44

had been employed in Australia in:

(a) the applicant’s nominated skilled occupation; or

(b) a closely related skilled occupation;

for a period totalling at least 96 months in the 10 years immediately before that time

20

Part 6D.5Aggregating points for employment experience qualifications

6D51    (1)  If an applicant has a qualification mentioned in Part 6D.3 and a qualification mentioned in Part 6D.4, and the combined number of points that would be awarded under those Parts for the qualifications is more than 20 points:

                     (a)  the Minister must give the applicant 20 points under this Part for the qualifications; and

                     (b)  no points are given under Part 6D.3 or 6D.4.

             (2)  The prescribed number of points for the combination of qualifications is 20.

Part 6D.6Australian professional year qualifications

 

Item

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

Number of points

6D61

a professional year in Australia in:

(a) the applicant’s nominated skilled occupation; or

(b) a closely related skilled occupation;

for a period totalling at least 12 months in the 48 months immediately before that time

5

Part 6D.7Educational qualifications

 

Item

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

Number of points

6D71

met the requirements for:

(a) the award of a doctorate by an Australian educational institution; or

(b) the award of a doctorate, by another educational institution, that is of a recognised standard

20

6D72

met the requirements for:

(a) the award of at least a bachelor degree by an Australian educational institution; or

(b) the award of at least a bachelor qualification by another educational institution, that is of a recognised standard

15

6D73

met the requirements for the award of a diploma by an Australian educational institution

10

6D74

met the requirements for the award of a trade qualification by an Australian educational institution

10

6D75

attained a qualification or award recognised by the relevant assessing authority for the applicant’s nominated skilled occupation as being suitable for the occupation

10

Part 6D.8Australian study qualifications

 

Item

At the time of invitation to apply for the visa ...

Number of points

6D81

the applicant met the Australian study requirement

5

Part 6D.9Credentialled community language qualifications

 

Item

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

Number of points

6D91

a qualification in a particular language:

(a) awarded or accredited by a body specified by the Minister in an instrument in writing for this item; and

(b) at a standard for the language specified in the instrument

5

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

 

Item

At the time of invitation to apply for the visa ...

Number of points

6D101

each of the following applied:

(a) the applicant met the Australian study requirement;

(b) the location of the campus or campuses at which that study was undertaken is specified by the Minister in an instrument in writing for this item;

(c) while the applicant undertook the course of study the applicant lived in a part of Australia the postcode of which is specified by the Minister in an instrument in writing for this item;

(d) none of the study undertaken constituted distance education

5

Part 6D.11Partner skill qualifications

 

Item

Qualification

Number of points

6D111

The spouse or de facto partner of the applicant (the primary applicant):

(a) is an applicant for the same subclass of visa as the primary applicant; and

(b) is not an Australian permanent resident or an Australian citizen; and

(c) was under 50 at the time the invitation to apply for the visa was issued to the primary applicant; and

(d) at the time of invitation to apply for the visa, nominated a skilled occupation, being an occupation specified by the Minister under paragraph 1.15I(1)(a) at that time; and

(e) at the time of invitation to apply for the visa, had been assessed by the relevant assessing authority for the nominated skilled occupation as having suitable skills for the occupation and the assessment was not for a Subclass 485 (Temporary Graduate) visa; and

(f) at the time of invitation to apply for the visa, had competent English

5

Part 6D.12State or Territory nomination qualifications

 

Item

Qualification

Number of points

6D121

The applicant has been invited to apply for a Subclass 190 (Skilled—Nominated) visa, and the nominating State or Territory government agency has not withdrawn the nomination

5

Part 6D.13Designated area sponsorship qualifications

 

Item

Qualification

Number of points

6D131

The applicant has been invited to apply for a Subclass 489 (Skilled—Regional) (Provisional) visa, and:

(a) the nominating State or Territory government agency has not withdrawn the nomination; or

(b) if the applicant is sponsored by a family member, the Minister has accepted the sponsorship

10

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

(regulation 1.03)

Part 7A.1Definitions

                   In this Schedule:

degree has the meaning given by subregulation 2.26AC(6).

diploma has the meaning given by subregulation 2.26AC(6).

trade qualification has the meaning given by subregulation 2.26AC (6).

Part 7A.2Age qualifications

 

Item

At the time of invitation to apply for the visa, the applicant was ...

Number of points

 

7A21

not less than 18 and under 25

20

7A22

not less than 25 and under 33

30

7A23

not less than 33 and under 40

25

7A24

not less than 40 and under 45

20

7A25

not less than 45 and under 55

15

Part 7A.3English language qualifications

 

Item

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

Number of points

 

7A31

vocational English

5

7A32

proficient English

10

Note:       Points are accumulated under item 7A31 or 7A32, not both.

Part 7A.4Educational qualifications

 

Item

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

Number of points

 

7A41

met the requirements for:

(a) the award of a trade qualification, diploma or bachelor degree by an Australian educational institution; or

(b) the award of a bachelor qualification by an educational institution that is of a recognised standard

5

7A42

met the requirements for:

(a) the award of a bachelor degree in business, science or technology by an Australian educational institution; or

(b) the award of a bachelor qualification in business, science or technology by an educational institution that is of a recognised standard

10

Note:       Points are accumulated under item 7A41 or 7A42, not both.

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

 

Item

The applicant has held one or more main businesses for ...

Number of points

 

7A51

not less than 4 years in the 5 years immediately before the time of invitation to apply for the visa

10

7A52

not less than 7 years in the 8 years immediately before the time of invitation to apply for the visa

15

Note:       Points are accumulated under item 7A51 or 7A52, not both.

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

 

Item

The applicant ...

Number of points

 

7A61

held eligible investments which had a value of not less than AUD100 000 for not less than 4 years immediately before the time of invitation to apply for the visa

10

7A62

held eligible investments which had a value of not less than AUD100 000 for not less than 7 years immediately before the time of invitation to apply for the visa

15

Note:       Points are accumulated under item 7A61 or 7A62, not both.

Part 7A.7Financial asset qualifications

 

Item

The net value of the business and personal assets of the applicant, the applicant’s spouse or de facto partner, or the applicant and his or her spouse or de facto partner together, was ...

Number of points

 

7A71

not less than AUD800 000 in each of the 2 fiscal years immediately before the time of invitation to apply for the visa

5

7A72

not less than AUD1 300 000 in each of the 2 fiscal years immediately before the time of invitation to apply for the visa

15

7A73

not less than AUD1 800 000 in each of the 2 fiscal years immediately before the time of invitation to apply for the visa

25

7A74

not less than AUD2 250 000 in each of the 2 fiscal years immediately before the time of invitation to apply for the visa

35

Note:       Points are accumulated under one item in Part 7A.7, not more than one.

Part 7A.8Business turnover qualifications

 

Item

The applicant had an ownership interest in one or more main businesses that had an annual turnover of ...

Number of points

 

7A81

not less than AUD500 000 in at least 2 of the 4 fiscal years immediately before the time of invitation to apply for the visa

5

7A82

not less than AUD1 000 000 in at least 2 of the 4 fiscal years immediately before the time of invitation to apply for the visa

15

7A83

not less than AUD1 500 000 in at least 2 of the 4 fiscal years immediately before the time of invitation to apply for the visa

25

7A84

not less than AUD2 000 000 in at least 2 of the 4 fiscal years immediately before the time of invitation to apply for the visa

35

Note:       Points are accumulated under one item in Part 7A.8, not more than one.

Part 7A.9Business innovation qualifications

 

Item

At the time of invitation to apply for the visa ...

Number of points

7A91

the applicant, or a main business of the applicant, had either or both of the following:

(a) one or more patents that:

(i) were registered not less than 1 year before that time; and

(ii) were used in the day to day activities of the main business;

(b) one or more registered designs that:

(i) were registered not less than 1 year before that time; and

(ii) were used in the day to day activities of the main business

15

7A92

the applicant, or a main business of the applicant, had one or more registered trade marks that:

(a) were registered not less than 1 year before that time; and

(b) were used in the day to day activities of the main business

10

7A93

each of the following applied:

(a) at least one main business in which the applicant held an ownership interest operated in accordance with a formal joint venture agreement entered into with another business or businesses;

(b) the joint venture agreement had been entered into not less than 1 year before the time of invitation to apply for the visa;

(c) the applicant utilised his or her skills in actively participating at a senior level in the day to day management of the business

5

7A94

at least one main business held by the applicant derived not less than 50% of its annual turnover from export trade in at least 2 of the 4 fiscal years immediately before that time

15

7A95

the applicant had an ownership interest in at least one main business that:

(a) was established not more than 5 years before that time; and

(b) had an average annualised growth in turnover that was greater than 20% per annum over 3 continuous fiscal years; and

(c) in at least one of the 3 fiscal years mentioned in paragraph (b) employed 10 or more employees for a total number of hours that was at least the total number of hours that would have been worked by 10 full‑time employees

10

7A96

the applicant, or at least one main business in which the applicant held an ownership interest:

(a) had received a grant that:

(i) was awarded for the purposes of early phase start up of a business, product commercialisation, business development or business expansion; and

(ii) was at least AUD10 000; and

(iii) was awarded by a government body in the applicant’s home country; and

(iv) had been received not more than 4 years immediately before that time; or

(b) had received venture capital funding of at least AUD100 000 not more than 4 years before the time of the invitation for the purposes of early phase start up of a business, product commercialisation, business development or business expansion

10

Note:       Points may be accumulated under more than one item in Part 7A.9, but points may not be accumulated more than once for each item in the Part.

Part 7A.10Special endorsement qualifications

 

Item

At the time of the invitation to apply for the visa ...

Number of points

 

7A101

the nominating State or Territory government agency had determined that the business proposed by the applicant was of unique and important benefit to the State or Territory where the nominating government agency is located

10

Schedule 8Visa conditions

(subregulations 2.05 (1) and (2))

  

Note 1:       Whether a visa of a particular class may be made subject to any of these conditions depends on the relevant provision in Schedule 2.

Note 2:       As to cancellation for breaches of conditions, see the Act, ss. 41 and 116 to 119.

8101           The holder must not engage in work in Australia.

8102           The holder must not engage in work in Australia (other than in relation to the holder’s course of study or training).

8103           The holder must not receive salary in Australia without the permission in writing of the Secretary.

8104     (1)  Subject to subclauses (2) to (6), the holder must not engage in work for more than 40 hours a fortnight while the holder is in Australia.

             (2)  If the holder is a member of the family unit of a person who satisfies the primary criteria for the grant of a student visa, the holder must not engage in work in Australia until the person who satisfies the primary criteria has commenced a course of study.

             (3)  If the holder is able to engage in work in accordance with subclause (2), the holder must not engage in work for more than 40 hours a fortnight while the holder is in Australia unless subclause (4) or (5) applies.

             (4)  Subclause (3) does not apply if:

                     (a)  the visa for which the primary criteria were satisfied is:

                              (i)  a Subclass 573 (Higher Education Sector) visa; or

                             (ii)  a Subclass 574 (Postgraduate Research Sector) visa; and

                     (b)  the course of study is a course for the award of a masters or doctorate degree that is registered on the Commonwealth Register of Institutions and Courses of Overseas Students.

             (5)  Subclause (3) does not apply if:

                     (a)  the visa for which the primary criteria were satisfied is a Subclass 576 (Foreign Affairs or Defence Sector) visa; and

                     (b)  the course of study is a course for the award of a masters or doctorate degree.

             (6)  In this clause:

fortnight means the period of 14 days commencing on a Monday.

8105  (1A)  The holder must not engage in any work in Australia before the holder’s course of study commences.

             (1)  Subject to subclause (2), the holder must not engage in work in Australia for more than 40 hours a fortnight during any fortnight when the holder’s course of study or training is in session.

             (2)  Subclause (1) does not apply:

                     (a)  to work that was specified as a requirement of the course when the course particulars were entered in the Commonwealth Register of Institutions and Courses for Overseas Students; and

                     (b)  in relation to a Subclass 574 (Postgraduate Research Sector) visa if the holder has commenced the masters degree by research or doctoral degree.

             (3)  In this clause:

fortnight means the period of 14 days commencing on a Monday.

8106           The holder must engage in work in Australia only if the work is relevant to the conduct of the business, or performance of the tasks, specified in the visa application.

8107     (1)  If the visa is not a visa mentioned in subclause (3) or (4), and was granted to enable the holder to be employed in Australia, the holder must not:

                     (a)  cease to be employed by the employer in relation to which the visa was granted; or

                     (b)  work in a position or occupation inconsistent with the position or occupation in relation to which the visa was granted; or

                     (c)  engage in work for another person or on the holder’s own account while undertaking the employment in relation to which the visa was granted.

             (2)  If the visa is not a visa mentioned in subclause (3) or (4), and subclause (1) does not apply, the holder must not:

                     (a)  cease to undertake the activity in relation to which the visa was granted; or

                     (b)  engage in an activity inconsistent with the activity in relation to which the visa was granted; or

                     (c)  engage in work for another person or on the holder’s own account inconsistent with the activity in relation to which the visa was granted.

             (3)  If the visa is, or the last substantive visa held by the applicant was, a Subclass 457 (Temporary Work (Skilled)) visa that was granted on the basis that the holder met the requirements of subclause 457.223(2) or (4):

                     (a)  the holder:

                              (i)  must work only in the occupation listed in the most recently approved nomination for the holder; and

                             (ii)  unless the circumstances in subclause (3A) apply:

                                        (A)  must work only for the party to a labour agreement or former party to a labour agreement who nominated the holder in the most recently approved nomination; or

                                        (B)  if the sponsor is, or was, a standard business sponsor who was lawfully operating a business in Australia at the time of the sponsor’s approval as a standard business sponsor, or at the time of the last approval of a variation to the sponsor’s term of approval as a standard business sponsor—must work only in a position in the business of the sponsor or an associated entity of the sponsor; or

                                        (C)  if the sponsor is or was a standard business sponsor who was not lawfully operating a business in Australia, and was lawfully operating a business outside Australia, at the time of the sponsor’s approval as a standard business sponsor, or at the time of the last approval of a variation to the sponsor’s term of approval as a standard business sponsor—must work only in a position in the business of the sponsor; and

                    (aa)  the holder must commence that work within 90 days after the holder’s arrival in Australia; and

                     (b)  if the holder ceases employment—the period during which the holder ceases employment must not exceed 90 consecutive days; and

                     (c)  if the holder is required to hold a licence, registration or membership that is mandatory to perform the occupation nominated in relation to the holder, in the location where the holder’s position is situated—the holder must:

                              (i)  hold the licence, registration or membership; and

                             (ii)  comply with each condition or requirement to which the licence, registration or membership is subject.

          (3A)  For subparagraph (3)(a)(ii), the circumstances are that:

                     (a)  if the nomination was made before 1 July 2010—the holder’s occupation is specified in an instrument in writing for subparagraph 2.72(10)(d)(ii) or (iii); or

                    (aa)  if the nomination is made on or after 1 July 2010—the holder’s occupation is specified in an instrument in writing for subparagraph 2.72(10)(e)(ii) or (iii); or

                     (b)  the holder is continuing to work for the sponsor, or the associated entity of the sponsor, for the purpose of fulfilling a requirement under a law relating to industrial relations and relating to the giving of notice.

          (3B)  If the visa is, or the last substantive visa held by the applicant was, a Subclass 457 (Temporary Work (Skilled)) visa that was granted on the basis that the holder met the requirements of subclause 457.223(8):

                     (a)  the holder must work only in the occupation or position in relation to which the visa was granted; and

                     (b)  if the holder ceases employment—the period during which the holder ceases employment must not exceed 90 consecutive days.

             (4)  If the visa is:

                     (a)  a Subclass 401 (Temporary Work (Long Stay Activity)) visa; or

                     (b)  a Subclass 402 (Training and Research) visa; or

                   (ba)  a Subclass 420 (Temporary Work (Entertainment)) visa;

the holder must not:

                     (c)  cease to engage in the most recently nominated occupation, program or activity in relation to which the holder is identified; or

                     (d)  engage in work or an activity that is inconsistent with the most recently nominated occupation, program or activity in relation to which the holder is identified; or

                     (e)  engage in work or an activity for an employer (within the meaning of subregulation 2.72A (8)) other than the employer identified in accordance with paragraph 2.72A(7)(a) in the most recent nomination in which the holder is identified.

8108           The holder must not be employed in Australia by any 1 employer for more than 3 months, without the prior permission in writing of the Secretary.

8109           The holder must not change details of times and places of engagements specified in the application to be undertaken in Australia during the visa period, without the prior permission in writing of the Secretary.

8110           The holder:

                     (a)  must not engage in work in Australia except in the household of the employer in relation to whom the visa was granted; and

                     (b)  must not work in a position or occupation inconsistent with the position or occupation in relation to which the visa was granted; and

                     (c)  must not engage in work for another person or on the holder’s own account while undertaking the employment in relation to which the visa was granted; and

                     (d)  must not cease to be employed by the employer in relation to which the visa was granted, unless paragraph (e) applies; and

                     (e)  except with the written permission of the Foreign Minister, must not remain in Australia after the permanent departure of that employer.

8111           The holder must not:

                     (a)  perform work in Australia except in the household of the employer who is the holder’s sponsor in relation to the visa; or

                     (b)  remain in Australia after the permanent departure of that employer.

8112           The holder must not engage in work in Australia that might otherwise be carried out by an Australian citizen or an Australian permanent resident.

8113           The holder must not work in Australia otherwise than as a member of the crew of a non‑military ship.

8114           The holder must not work in Australia otherwise than as a member of the crew of a superyacht.

8115           The holder must not work in Australia other than by engaging in a business visitor activity.

8201     (1)  While in Australia, the holder must not engage, for more than 3 months, in any studies or training.

             (2)  However, subclause (1) does not apply to a visa mentioned in the table.

 

Item

Visa

1

Subclass 580 (Student Guardian) visa in relation to which the holder is undertaking an ELICOS of less than 20 hours per week

1A

Subclass 602 (Medical Treatment) visa in relation to which the holder:

(a) is under 18; and

(b) has experienced a change in circumstances while in Australia; and

(c) has the written permission of the Minister to engage for more than 3 months in any studies or training because of compelling and compassionate circumstances

2

Subclass 675 (Medical Treatment (Short Stay)) visa in relation to which the holder:

(a) is under 18; and

(b) has experienced a change in circumstances while in Australia; and

(c) has the written permission of the Minister to engage for more than 3 months in any studies or training because of compelling and compassionate circumstances

3

Subclass 685 (Medical Treatment (Long Stay)) visa in relation to which the holder:

(a) is under 18; and

(b) has experienced a change in circumstances while in Australia; and

(c) has the written permission of the Minister to engage for more than 3 months in any studies or training because of compelling and compassionate circumstances

8202     (1)  The holder (other than the holder of a Subclass 560 (Student) visa who is a Foreign Affairs student or the holder of a Subclass 576 (Foreign Affairs or Defence Sector) visa) must meet the requirements of subclauses (2) and (3).

             (2)  A holder meets the requirements of this subclause if:

                     (a)  the holder is enrolled in a registered course; or

                     (b)  in the case of the holder of a Subclass 560 or 571 (Schools Sector) visa who is a secondary exchange student—the holder is enrolled in a full‑time course of study or training.

             (3)  A holder meets the requirements of this subclause if neither of the following applies:

                     (a)  the education provider has certified the holder, for a registered course undertaken by the holder, as not achieving satisfactory course progress for:

                              (i)  section 19 of the Education Services for Overseas Students Act 2000; and

                             (ii)  standard 10 of the National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students 2007;

                     (b)  the education provider has certified the holder, for a registered course undertaken by the holder, as not achieving satisfactory course attendance for:

                              (i)  section 19 of the Education Services for Overseas Students Act 2000; and

                             (ii)  standard 11 of the National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students 2007.

             (4)  In the case of the holder of a Subclass 560 visa who is a Foreign Affairs student or the holder of a Subclass 576 (Foreign Affairs or Defence Sector) visa—the holder is enrolled in a full‑time course of study or training.

8203           The holder must not change his or her course of study, or thesis or research topic, unless approval is given by the Minister after the Minister has obtained an assessment from the competent Australian authorities that the holder is not likely to be directly or indirectly a risk to Australian national security.

8204           The holder must not undertake or change a course of study or research, or thesis or research topic, for:

                     (a)  a graduate certificate, a graduate diploma, a master’s degree or a doctorate; or

                     (b)  any bridging course required as a prerequisite to a course of study or research for a master’s degree or a doctorate;

unless approval is given by the Minister after the Minister has obtained an assessment from the competent Australian authorities that the holder is not likely to be directly or indirectly a risk to Australian national security.

8207           The holder must not engage in any studies or training in Australia.

8301           After entry to Australia, the holder must satisfy relevant public interest criteria before the visa ceases.

8302           After entry to Australia, all relevant members of the family unit must satisfy the relevant public interest criteria before the visa ceases.

8303           The holder must not become involved in activities disruptive to, or violence threatening harm to, the Australian community or a group within the Australian community.

8401           The holder must report:

                     (a)  at a time or times; and

                     (b)  at a place;

                   specified by the Minister for the purpose.

8402           The holder must report:

                     (a)  within 5 working days of grant, to an office of Immigration; and

                     (b)  to that office on the first working day of every week after reporting under paragraph (a).

8501           The holder must maintain adequate arrangements for health insurance while the holder is in Australia.

8502           The holder of the visa must not enter Australia before the entry to Australia of a person specified in the visa.

8503           The holder will not, after entering Australia, be entitled to be granted a substantive visa, other than a protection visa, while the holder remains in Australia.

8504           The holder must enter Australia as the holder of the visa to which the condition applies before a date specified by the Minister.

8505           The holder must continue to live at the address specified by the holder before grant of the visa.

8506           The holder must notify Immigration at least 2 working days in advance of any change in the holder’s address.

8507           The holder must, within the period specified by the Minister for the purpose:

                     (a)  pay; or

                     (b)  make an arrangement that is satisfactory to the Minister to pay;

                   the costs (within the meaning of Division 10 of Part 2 of the Act) of the holder’s detention.

8508           The holder must make a valid application for a visa of a class that can be granted in Australia, within the time specified by the Minister for the purpose.

Note:          For the meaning of valid application see s 46 of the Act. Broadly, a valid application is one that is formally in order for consideration, not necessarily one that can be granted.

8509           Within 5 working days after the date of grant, the holder must:

                     (a)  make a valid application for a substantive visa; or

                     (b)  show an officer a ticket for travel to a country other than Australia that the Minister is satisfied will allow the holder to enter on his or her arrival.

8510           Within the time specified by the Minister for the purpose, the holder must, either:

                     (a)  show an officer a passport that is in force; or

                     (b)  make an arrangement satisfactory to the Minister to obtain a passport.

8511           Within the time specified by the Minister for the purpose, the holder must, show an officer a ticket for travel to a country other than Australia that the Minister is satisfied will allow the holder to enter on his or her arrival.

8512           The holder must leave Australia by the date specified by the Minister for the purpose.

8513           The holder must notify Immigration of his or her residential address within 5 working days of grant.

8514           During the visa period of the visa, there must be no material change in the circumstances on the basis of which it was granted.

8515           The holder of the visa must not marry or enter into a de facto relationship before entering Australia.

8516           The holder must continue to be a person who would satisfy the primary or secondary criteria, as the case requires, for the grant of the visa.

8517           The holder must maintain adequate arrangements for the education of any school‑age dependant of the holder who is in Australia for more than 3 months as the holder of a Subclass 560, 570, 571, 572, 573, 574, 575 or 576 visa (as a person who has satisfied the secondary criteria).

8518           Adequate arrangements must be maintained for the education of the holder while he or she is in Australia.

8519           The holder must enter into the marriage in relation to which the visa was granted within the visa period of the visa.

8520           The relevant person who holds a Subclass 300 visa on the basis of having satisfied the primary criteria must enter into the marriage in relation to which that visa was granted within the visa period of that visa.

8522           The holder must leave Australia not later than the time of departure of the person:

                     (a)  who has satisfied the primary criteria; and

                     (b)  of whose family unit the holder is a member.

8523           Each person who:

                     (a)  is a member of the family unit of the holder (being a spouse or de facto partner of the holder or an unmarried child of the holder who has not turned 18); and

                     (b)  has satisfied the secondary criteria; and

                     (c)  holds a student visa because of paragraphs (a) and (b);

                   must leave Australia not later than the time of departure of the holder.

8525           The holder must leave Australia by a specified means of transport on a specified day or within a specified period.

8526           The holder must notify the Secretary in writing, not earlier than 7 days before the day the visa ceases to be in effect, and not later than that day, of the holder’s place of residence in Australia by posting the notification to the Central Office of Immigration in the Australian Capital Territory.

8527           The holder must be free from tuberculosis at the time of travel to, and entry into, Australia.

8528           The holder must not have one or more criminal convictions, for which the sentence or sentences (whether served or not) are for a total period of 12 months duration or more, at the time of travel to, and entry into, Australia.

8529           The holder must, after entering Australia:

                     (a)  undergo a medical examination carried out by:

                              (i)  a Commonwealth Medical Officer; or

                             (ii)  a medical practitioner approved by the Minister; or

                            (iii)  a medical practitioner employed by an organisation approved by the Minister; and

                     (b)  undergo a chest x‑ray examination conducted by a medical practitioner who is qualified as a radiologist in Australia, unless the holder:

                              (i)  is under 11 years of age and is not a person in respect of whom a Commonwealth Medical Officer has requested such an examination; or

                             (ii)  is a person:

                                        (A)  who is confirmed by a Commonwealth Medical Officer to be pregnant; and

                                        (B)  who has been examined for tuberculosis by a chest clinic officer employed by a health authority of a State or Territory; and

                                        (C)  who has signed an undertaking to place herself under the professional supervision of a health authority in a State or Territory and to undergo any necessary treatment; and

                                        (D)  whom the Minister is satisfied should not be required to undergo a chest x‑ray examination at this time.

8530           The holder must not deviate from the organised tour referred to in clause 600.252 of Schedule 2.

8531           The holder must not remain in Australia after the end of the period of stay permitted by the visa.

8532           If the holder has not turned 18 and is not a Foreign Affairs student or a Defence student:

                     (a)  the holder must stay in Australia with a person who is:

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

                             (ii)  a relative of the holder who:

                                        (A)  is nominated by a parent of the holder or a person who has custody of the holder; and

                                        (B)  has turned 21; and

                                        (C)  is of good character; or

                     (b)  the arrangements for the holder’s accommodation, support and general welfare must be approved by the education provider for the course to which the holder’s visa relates, and the holder must not enter Australia before the day nominated by the education provider as the day on which those arrangements are to commence.

8533           The holder must:

                     (a)  in the case of a holder who was outside Australia when the visa was granted, notify the education provider of the holder’s residential address in Australia within 7 days after arriving in Australia; and

                     (b)  in all cases:

                              (i)  notify the education provider of any change in the holder’s residential address in Australia within 7 days after the change occurs; and

                             (ii)  notify his or her current education provider of a change of education provider within 7 days after the holder receives:

                                        (A)  a certificate of enrolment from the new education provider; or

                                        (B)  if no certificate of enrolment is required to be sent, or if a failure of electronic transmission has prevented an education provider from sending a certificate of enrolment—evidence that the applicant has been enrolled by the new education provider.

8534           The holder will not be entitled to be granted a substantive visa, other than:

                     (a)  a protection visa; or

                     (b)  a student visa the application for which must be made on form 157P or 157P (Internet); or

                     (c)  a Subclass 497 (Graduate—Skilled) visa; or

                     (d)  a Subclass 580 (Student Guardian) visa;

while the holder remains in Australia.  

8535           The holder will not be entitled to be granted a substantive visa, other than:

                     (a)  a protection visa; or

                     (b)  a student visa the application for which must be made on form 157P or 157P (Internet); or

                     (c)  a Student (Temporary) (Class TU) visa that is granted to an applicant who satisfies the criterion in clause 570.230, 571.229, 572.229, 573.229, 574.229, 575.229, 576.227 or 580.229 of Schedule 2;

while the holder remains in Australia.

8536           The holder must not discontinue, or deviate from, the professional development program in relation to which the visa was granted.

8537     (1)  While the nominating student (within the meaning of Part 580 of Schedule 2) in relation to the holder is in Australia, the holder must reside in Australia.

             (2)  While the holder is in Australia, the holder must:

                     (a)  stay with the nominating student (within the meaning of Part 580 of Schedule 2) in relation to the holder; and

                     (b)  provide appropriate accommodation and support for the nominating student; and

                     (c)  provide for the general welfare of the nominating student.

8538           If the holder leaves Australia without the nominating student (within the meaning of Part 580 of Schedule 2) in relation to the holder, the holder must first give to the Minister evidence that:

                     (a)  there are compelling or compassionate reasons for doing so; and

                     (b)  the holder has made alternative arrangements for the accommodation, support and general welfare of the nominating student until the holder’s return to Australia; and

                     (c)  if the nominating student has not turned 18, the alternative arrangements are approved by the education provider for the course to which the nominating student’s visa relates.

8539           While the holder is in Australia, the holder must live, study and work only in an area specified by the Minister in an instrument in writing for item 6A1001 of Schedule 6A or item 6D101 of Schedule 6D, as in force:

                     (a)  when the visa was granted; or

                     (b)  if the holder has held more than 1 visa that is subject to this condition—when the first of those visas was granted.

8540           The holder will not, after entering Australia, be entitled to be granted a substantive visa, other than a protection visa or a Subclass 462 (Work and Holiday) visa, while the holder remains in Australia.

8541           The holder:

                     (a)  must do everything possible to facilitate his or her removal from Australia; and

                     (b)  must not attempt to obstruct efforts to arrange and effect his or her removal from Australia.

8542           The holder must make himself or herself available for removal from Australia in accordance with instructions given to the holder by Immigration for the purpose of that removal.

8543           The holder must attend at a place, date and time specified by Immigration in order to facilitate efforts to arrange and effect his or her removal from Australia.

8547           The holder must not be employed by any 1 employer for more than 6 months, without the prior permission in writing of the Secretary.

8548           The holder must not engage in any studies or training in Australia for more than 4 months.

8549           While the holder is in Australia, the holder must live, study and work only in a designated area, as in force:

                     (a)  when the visa was granted; or

                     (b)  if the holder has held more than 1 visa that is subject to this condition—when the first of those visas was granted.

Note:          designated area is defined in regulation 1.03

8550           The holder must notify the Minister of any change in the holder’s personal details, including a change to any of the following contact information:

                     (a)  the holder’s name;

                     (b)  an address of the holder;

                     (c)  a phone number of the holder;

                     (d)  an email address of the holder;

                     (e)  an online profile used by the holder;

                      (f)  a user name of the holder;

not less than 2 working days before the change is to occur.

8551     (1)  The holder must obtain the Minister’s approval before taking up employment in the following occupations, or occupations of a similar kind:

                     (a)  occupations that involve the use of, or access to, chemicals of security concern;

                     (b)  occupations in the aviation or maritime industries;

                     (c)  occupations at facilities that handle security‑sensitive biological agents.

             (2)  In this clause:

chemicals of security concern means chemicals specified by the Minister in an instrument in writing for this definition.

Note:          The Minister’s instrument will refer to chemicals that have been identified, by the Council of Australian Governments, as chemicals of security concern. Without limiting what the Council might identify, the chemicals may include:

(a)    industrial chemicals, including chemicals used in the retail, pharmaceutical or pool and spa sectors, that could be diverted from their lawful use to other purposes such as terrorist‑related activities; and

(b)    agricultural and veterinary chemicals that could be diverted from their lawful use to other purposes, including terrorist‑related activities.

8552           The holder must notify the Minister of any change in the holder’s employment details, not less than 2 working days before the change is to occur.

8553           The holder must not become involved in activities that are prejudicial to security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979).

8554     (1)  The holder must not acquire any of the following goods:

                     (a)  weapons;

                     (b)  explosives;

                     (c)  material or documentation that provides instruction on the use of weapons or explosives.

             (2)  In this clause:

weapon means a thing made or adapted for use for inflicting bodily injury.

8555           The holder must obtain the Minister’s approval before undertaking the following activities, or activities of a similar kind:

                     (a)  flight training;

                     (b)  flying aircraft.

8556           The holder must not communicate or associate with:

                     (a)  an entity listed under Part 4 of the Charter of the United Nations Act 1945; or

                     (b)  an organisation prescribed by the Criminal Code Regulations 2002.

8557           The holder must hold the complying investment for the whole of the visa period.

8558           The holder must not stay in Australia for more than 12 months in any period of 18 months.

8559           The holder must not enter the country by reference to which:

                     (a)  the holder; or

                     (b)  for a member of the family unit of another holder—the other holder;

was found to be a person to whom Australia has protection obligations unless the Minister has approved the entry in writing.

8560     (1)  The holder must obtain the Minister’s approval before acquiring chemicals of security concern.

             (2)  In this clause:

chemicals of security concern means chemicals specified by the Minister in an instrument in writing for this definition.

Note:          The Minister’s instrument will refer to chemicals that have been identified, by the Council of Australian Governments, as chemicals of security concern. Without limiting what the Council might identify, the chemicals may include:

(a)    industrial chemicals, including chemicals used in the retail, pharmaceutical or pool and spa sectors, that could be diverted from their lawful use to other purposes such as terrorist‑related activities; and

(b)    agricultural and veterinary chemicals that could be diverted from their lawful use to other purposes, including terrorist‑related activities.

8561           If the holder is directed by the Minister to attend an interview that relates to the holder’s visa (including an interview with the Australian Security Intelligence Organisation), the holder must comply with the direction.

8562     (1)  The holder must not take up employment in:

                     (a)  occupations that involve the use of, or access to, weapons or explosives; or

                     (b)  occupations of a similar kind.

             (2)  In this clause:

weapon means a thing made or adapted for use for inflicting bodily injury.

8563     (1)  The holder must not undertake the following activities, or activities of a similar kind:

                     (a)  using or accessing weapons or explosives;

                     (b)  participating in training in the use of weapons or explosives;

                     (c)  possessing or accessing material or documentation that provides instruction on the use of weapons or explosives.

             (2)  In this clause:

weapon means a thing made or adapted for use for inflicting bodily injury.

8564           The holder must not engage in criminal conduct.

8566           If the person to whom the visa is granted has signed a code of behaviour that is in effect for the visa, the holder must not breach the code.

Note 1:       Some visas may be granted with or without an application (for example, see regulation 2.25).

Note 2:       The requirement to sign a code of behaviour may be imposed by public interest criterion 4022 or in accordance with section 195A of the Act.

Schedule 9Special entry and clearance arrangements

(regulations 3.01, 3.03, 3.06 and 3.06A)

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

 

Column 1
Item

Column 2
Class of person

Column 3
Evidence of identity

Column 4
Passenger card required?

1

Members of the Royal Family

Passport

Yes

2

Members of the Royal party

Passport

Yes

4

SOFA forces members who arrive at an airport that is not a proclaimed port

Military identity documents and movement orders

No

5

SOFA forces members who arrive at an airport that is a proclaimed port

Military identity documents and movement orders

Yes

6

SOFA forces civilian component members who arrive at an airport that is not a proclaimed port

Passport and certificate that the person is a member of the civilian component of the armed forces of the relevant country

No

7

SOFA forces civilian component members who arrive at a proclaimed port

Passport and certificate that the person is a member of the civilian component of the armed forces of the relevant country

Yes

8

Asia‑Pacific forces members arriving at an airport that is not a proclaimed port

Military identity documents and movement orders

No

9

Asia‑Pacific forces members arriving at an airport that is a proclaimed port

Military identity documents and movement orders

Yes

10

Commonwealth forces members who arrive at an airport that is not a proclaimed port

Military identity documents and movement orders

No

11

Commonwealth forces members who arrive at an airport that is a proclaimed port

Military identity documents and movement orders

Yes

12

Foreign armed forces dependants who arrive at an airport that is not a proclaimed port

A passport and either:

(a) movement orders; or

(b) a certificate that the person is a spouse, de facto partner or dependant of a member of the armed forces, or the civilian component of the armed forces of the relevant country, and is accompanying or joining that member

No

13

Foreign armed forces dependants who arrive at an airport that is a proclaimed port

A passport and either:

(a) movement orders; or

(b) a certificate that the person is a spouse, de facto partner or dependant of a member of the armed forces, or the civilian component of the armed forces of the relevant country, and is accompanying or joining that member

Yes

14

Airline crew members

Passport and either:

(a) a valid airline identity card; or

(b) for a person who is an aircraft safety inspector:

(i) a valid government identity document showing that he or she is employed by a foreign government; or

(ii) an ICAO Safety Inspector Certificate

No

15

Airline positioning crew members

Passport and a letter from the person’s employer certifying that the person is an aircrew member and setting out the purpose of travel and the arrangements for the person to leave Australia

Yes

17

Non‑citizen in respect of whom the Minister has
made a declaration under paragraph 33(2)(b) of the Act

Passport

Yes

21

Persons holding an Electronic Travel Authority (Class UD) visa

A passport that is an ETA‑eligible passport in relation to the Subclass of the Electronic Travel Authority (Class UD) visa held by the person

Yes

22

Person referred to in paragraph 1223A(1)(c)
of Schedule 1, as in force before 23 March 2013, who holds a Temporary Business Entry (Class UC) visa

(a) a passport of a designated APEC economy; or

(b) in the case of a permanent resident of Hong Kong—any valid passport

Yes

22A

Persons holding a Subclass 600 (Visitor) visa granted on the basis of an application which was taken to have been validly made under regulation 2.07AA

(a) a passport of a designated APEC economy; or

(b) in the case of a permanent resident of Hong Kong—any valid passport

Yes

23

Persons holding:

(a) a visa granted on the basis of an Internet application; and

(b) either:

(i) a passport of a kind specified by the Minister in an instrument in writing for paragraph 1218(3)(d) of Schedule 1, as in force before 23 March 2013; or

(ii) a passport of a kind specified by the Minister in an instrument in writing for subparagraph 1218(1)(b)(ii) of Schedule 1; or

(iii) a passport of a kind specified by the Minister in an instrument in writing for item 1 of the table in subitem 1236(4) of Schedule 1; or

The passport mentioned in column 2

Yes

 

(iv) a working holiday eligible passport within the meaning of subitem 1225(5) of Schedule 1

 

 

24

Persons holding a Visitor (Class TV) visa

A passport that is an eVisitor eligible passport in relation to the Subclass of the Visitor (Class TV) visa held by the person

Yes

Note:       Paragraph 33(2)(b) of the Act authorises the Minister to declare that persons, or persons in a particular class, are taken to have been granted special purpose visas.

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

1                 Transit passengers:

                     (a)  who belong to a class of persons specified in a legislative instrument made by the Minister for the purposes of paragraph 2.40(1)(n); and

                     (b)  who do not leave the airport transit lounge except to continue their journey

1A              A person:

                     (a)  to whom section 10 applies; and

                     (b)  who has not left the migration zone.

Note:          Section 10 of the Act provides that a child who was born in the migration zone, and was a non‑citizen when he or she was born, is taken to have entered Australia at birth. This item ensures that a newborn child is not required to give evidence of identity at the time of birth in the migration zone. 

2                 Persons visiting Macquarie Island, if permission for the visit has been granted in writing before the visit by the Secretary to the Department of Primary Industries, Parks, Water and Environment of the State of Tasmania

3                 Australian citizens who form part of an Australian National Antarctic Research Expedition from an Australian Antarctic station, and who are returning to Australia on board a vessel owned or chartered by the Commonwealth

4                 SOFA forces members who:

                     (a)  enter Australia at a seaport; and

                     (b)  hold military identity documents and movement orders issued from an official source of the relevant country; and

                     (c)  are travelling to Australia in the course of their duty

5                 Asia‑Pacific forces members who:

                     (a)  enter Australia at a seaport; and

                     (b)  hold military identity documents and movement orders issued from an official source of the relevant country; and

                     (c)  are travelling to Australia in the course of their duty

6                 Commonwealth forces members who:

                     (a)  enter Australia at a seaport; and

                     (b)  hold military identity documents and movement orders issued from an official source of the relevant country; and

                     (c)  are travelling to Australia in the course of their duty

7                 Foreign naval forces members, if permission to enter the migration zone for the vessel of which they form part of the complement was given in advance by the Australian Government

8                 Guests of Government

9                 Indonesian traditional fishermen who have prescribed status under regulation 2.40

10               A designated foreign dignitary

Note:          See regulation 3.06A.

Schedule 10Prescribed forms

(regulation 1.03)

Form 1Search Warrant—Valuables

(subregulation 5.32 (1))

COMMONWEALTH OF AUSTRALIA

Migration Act 1958

Search Warrant—Valuables

To (insert name of officer and capacity by virtue of which he or she is an officer within the meaning of the Act).

I, (name), the Secretary [or a delegate of the Secretary] of the Department of Immigration and Border Protection, authorise you, (insert name of officer), under subsection 223(14) of the Migration Act 1958 (the Act), at any time of the day or night, with such assistance, and using such reasonable force, as you think necessary:

     (a)   to enter and search any building, premises, vehicle, vessel or place in which you have reasonable cause to believe there may be found any valuables to which a notice in force under section 223 of the Act relates; and

     (b)   to seize any such valuables found in the course of such a search;

and for the purposes of the exercise of the foregoing powers, to stop any vehicle.

And for doing so this shall be your sufficient warrant.

This warrant remains in force for the period commencing on              20

and ending on                                      20  .

Dated                           20  .

                                                                       

                                                                        Secretary [or Delegate]

Form 2Search warrant

(subregulation 5.32 (2))

COMMONWEALTH OF AUSTRALIA

Migration Act 1958

Search Warrant

To (insert name of officer and capacity by virtue of which he or she is an officer within the meaning of the Act).

I, (name), the Secretary [or a delegate of the Secretary] of the Department of Immigration and Border Protection, authorise you, under subsection 251(4) of the Migration Act 1958 (the Act), at any time of the day or night, with such assistance as you think necessary, to enter and search any building, premises, vehicle, vessel or place in which you have reasonable cause to believe there may be found:

     (a)   an unlawful non‑citizen, a removee or a deportee, within the meaning of the Act; or

     (b)   a person to whom a temporary visa under the Act has been issued subject to a condition with respect to the work to be performed by that person; or

     (c)   any document, book or paper relating to the entry or proposed entry into Australia of a person in circumstances in which that person:

            (i)    would have become a prohibited immigrant within the meaning of the Act as in force from time to time before the commencement of the Migration Amendment Act 1983; or

            (ii)   would have become a prohibited non‑citizen within the meaning of the Act as in force from time to time after the commencement of the Migration Amendment Act 1983 but before the commencement of section 4 of the Migration Legislation Amendment Act 1989; or

            (iii)  would have become an illegal entrant within the meaning of the Act as in force from time to time after the commencement of section 4 of the Migration Legislation Amendment Act 1989 but before commencement of section 7 of the Migration Reform Act 1992; or

            (iv)  would have become, or would become, an unlawful non‑citizen; or

     (d)   any passport or document of identity of, or any ticket for the conveyance from a place within Australia to a place outside Australia of, an unlawful non‑citizen, a removee or a deportee, within the meaning of the Act;

and to seize any such document, book, paper, passport, document of identity or ticket, as the case may be, and to impound and detain it for such time as you think necessary, and for the purposes of the exercise of the foregoing powers to stop any vessel or vehicle and to use such reasonable force as is necessary.

And for doing so this shall be your sufficient warrant.

This warrant remains in force for the period commencing on              20 

and ending on                          20  .

Dated                           20  .

¼¼¼¼¼¼¼¼¼¼¼¼¼¼                    Secretary [or Delegate]

 

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

(regulation 5.33)

COMMONWEALTH OF AUSTRALIA

Migration Act 1958

 

DOCUMENT ISSUED IN ACCORDANCE WITH ANNEX 9 OF THE ICAO CONVENTION ON INTERNATIONAL CIVIL AVIATION

This document is issued by the Australian Government under subsection 274(3) of the Migration Act 1958 of the Commonwealth of Australia.

TO:      Immigration or appropriate

authority:……………………………………………………… 

Airport:………………………………………….          

Country: ………………………………………………………. 

            Attach

            photograph

            (if available)

The person to whom this document is issued is claiming the following identity:

Surname:         …………………………………………………………….......

Given Name(s):           ………………………………………………………...

Date of Birth:   …………………………...Place of Birth: ..............................

Nationality:      …………………………………………………………………

Residence:   ………………………………………………………………………

           

This person arrived in Australia on………….. at……………Airport on flight number……………from…………………………Airport.

The person named in this document:

*is being removed from Australia/*is being deported from Australia/*was

refused immigration clearance after entering Australia

and the incoming carrier has been instructed to remove *him/*her from the territory of Australia on flight number……………..departing at…………

hours on……………………..from…………………… Airport.

At the time of entry to Australia this person was:

*   (1)   Not in possession of any *travel/*identification documentation.

*    (2)   In possession of the *photocopied/*attached documentation.

……… A brief description of the offending documentation follows—

……….* fraudulent/*falsified/*counterfeit

……….* passport/*identity card/*other document

……….Number:…………………………………….    

            Country in whose name documentation was issued:.......................

*   (3)   In possession of documentation that has been impounded for return

            to the appropriate authorities of the issuing country.

*   (4)   In possession of valid *travel/*identification documentation that has

            since expired and cannot be renewed.

According to Annex 9 of the ICAO Convention on International Civil Aviation, the last country in which a passenger previously stayed and most recently travelled from, is invited to accept *him/*her for re‑examination when *he/*she has been refused admission to another country.

I, …………………………………………, a delegate of the Secretary, issue this document under subsection 274(3) of the Migration Act 1958.

Signature and Official Title:…………………………………………………..

Date:……………………………….

Airport:……………………………………………………

Country: Australia

Telephone:………………………………..        Telex:………………………

Facsimile: …………………………………………….. 

*delete as appropriate

WARNING—THIS DOCUMENT IS NOT AN IDENTIFICATION DOCUMENT

Form 4Identity card

(regulation 2.102B)

 

COMMONWEALTH OF AUSTRALIA

Migration Act 1958

INSPECTOR’S IDENTITY CARD

For subsection 140W(1) of the Migration Act 1958, I, [name], Minister for Immigration and Citizenship [or a delegate of the Minister for Immigration and Citizenship], certify that [name] whose photograph and signature appear on this card is an inspector for the purposes of the Act.

 

 

Dated  [date]

 

[signature of Minister or delegate]

 

 

 

 

[photograph]

 

 

 

 

 

 

[signature of inspector]

Schedule 11Memorandum of Understanding

(subregulation 2.12A (3))

  

Representatives of the Ministry of Civil Affairs of the People’s Republic of China and the Department of Immigration and Ethnic Affairs of Australia met in Beijing from January 20 to 25, 1995 on the issue of recent unauthorised arrivals in Australia of Vietnamese refugees settled in China. The discussions were held in a friendly and cooperative atmosphere.

Being concluding parties to the “1951 Convention Relating to the Status of Refugees” and the “1967 Protocol Relating to the Status of Refugees”, both parties observed that since 1979 the Chinese Government has provided effective protection to over 280,000 Vietnamese refugees settled in China, including significant humanitarian assistance such as land, housing, medical care, education and employment. Both parties also noted that the United Nations High Commissioner for Refugees has been closely involved in all matters relating to the refugees, with the active cooperation of the Chinese authorities, both centrally and locally.

Both parties noted that the recent movement to Australia of some Vietnamese refugees settled in China was unauthorised. Consistent with international practice, both parties expressed their opposition to the unauthorised flow of refugees to third countries from the country of first asylum where they enjoy protection.

Both parties agreed that for the recent and possible future unauthorised arrivals in Australia of Vietnamese refugees settled in China they will, in the spirit of international cooperation and burden sharing and maintaining and further developing the friendly relations between China and Australia, and fulfilling international obligations consistent with international practice, engage in friendly consultations and seek proper settlement of the issue through agreed procedures. To this end, Vietnamese refugees settled in China returned under agreed verification arrangements, will continue to receive the protection of the Government of China.

On this basis both parties reached the following understandings on special arrangements for dealing with current unauthorised arrivals in Australia of Vietnamese refugees settled in China.

1.                The Ministry of Civil Affairs agrees to accept those refugees settled in China, subject to verification procedures as agreed between the two parties, and will be responsible for their resettlement. However, this will not constitute a precedent for China in its handling of similar cases with other countries and regions.

2.                The Department of Immigration and Ethnic Affairs will provide the Ministry of Civil Affairs with Vietnamese refugee registration forms as agreed between the two parties to facilitate the verification by the Chinese side. The Department of Immigration and Ethnic Affairs will be responsible for the return of the verified Vietnamese refugees to China by air and will meet all associated costs. The refugees will be returned in groups as soon as possible as verification procedures are completed.

3.                Both parties agree to keep the UNHCR informed of the outcome of the negotiations and progress in relation to the returns, and seek its assistance if necessary.

Done in duplicate in Beijing on January 25, 1995 in Chinese and English, both texts being equally authentic.

 

 

Chinese1

English1

Director‑General, Office for Reception and Settlement of Indo‑Chinese Refugees

Ambassador to the People’s Republic of China

For the Ministry of Civil Affairs of the People’s Republic of China

For the Department of Immigration and Ethnic Affairs of Australia

Schedule 12Exchange of letters

(subregulation 2.12A (3), definition of agreement between Australia and PRC)

Part 1  

AMBASSADOR                                                                    AUSTRALIAN EMBASSY

                                                                                                                     BEIJING

19 October 2010

Mr Kang Peng

Director‑General

Foreign Affairs Department

Ministry of Civil Affairs

Beijing

People’s Republic of China

Dear Director‑General

I am writing to seek the renewal of the Memorandum of Understanding of 25 January 1995 between the Department of Immigration and Ethnic Affairs (now the Department of Immigration and Citizenship) and the Ministry of Civil Affairs relating to unauthorised arrivals in Australia of Vietnamese refugees settled in the People’s Republic of China.

I note that the Memorandum of Understanding, established with regard to Vietnamese refugees settled in China who have arrived in Australia as unauthorised arrivals after 25 January 1995, expires on 4 December 2010.

I note further that the Memorandum of Understanding will come into effect again on the date on which the Government of Australia notifies the Government of the People’s Republic of China that it has completed its domestic legislative processes for the entry into effect of the Memorandum of Understanding.

Upon your confirmation of this, this exchange of letters replaces the previous exchange of letters of 18 September and 7 October 2008, and together with the Memorandum of Understanding constitutes an agreement between our two countries on this subject.

Yours sincerely

Geoff Raby (Dr)

Part 2  

6 May 2011

H.E. Dr Geoff Raby

Ambassador to China

Australian Embassy

Beijing

Dear Ambassador Raby,

I refer to your letter of 19 October 2010, and confirm that the Memorandum of Understanding of 25 January 1995, established with regard to Vietnamese refugees settled in the People’s Republic of China who have arrived in Australia as unauthorised arrivals after 25 January 1995, will come into effect again on the date on which the Government of Australia notifies the Government of the People’s Republic of China of the completion of its domestic legislative process.

Yours sincerely

Kang Peng

Director General

Department of International Cooperation

Ministry of Civil Affairs

People’s Republic of China

Schedule 13Transitional arrangements

(regulation 5.45)

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

  

101  Operation of Schedule 1

             (1)  The amendments of these Regulations made by Schedule 1 to the Migration Amendment Regulation 2012 (No. 2) apply in relation to:

                     (a)  an application for a visa made on or after 1 July 2012; and

                     (b)  an application for approval of a nomination made on or after 1 July 2012.

             (2)  However, the repeal of a provision of these Regulations by Schedule 1 to that regulation does not apply in relation to an application for a visa that is taken to have been made by a person before, on or after 1 July 2012 in accordance with regulation 2.08, 2.08A or 2.08B of these Regulations.

             (3)  Despite subregulations 5.19(1) to (7), an application to the Minister for approval of a nominated position as an approved appointment made before 1 July 2012 is to be dealt with in accordance with these Regulations as in force immediately before that day.

Note:          Regulation 5.19 was amended on 1 July 2012, including changes to terminology and concepts that had been used in that regulation before that day.

102             Operation of Schedule 2

             (1)  The amendments of these Regulations made by Schedule 2 to the Migration Amendment Regulation 2012 (No. 2) apply in relation to an application for a visa made on or after 1 July 2013.

             (2)  However, the repeal of a provision of these Regulations by Schedule 2 to that regulation does not apply in relation to an application for a visa that is taken to have been made by a person before, on or after 1 July 2013 in accordance with regulation 2.08, 2.08A or 2.08B of these Regulations.

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

  

201  Operation of Schedule 1

                   The amendments of these Regulations made by Schedule 1 to the Migration Legislation Amendment Regulation 2012 (No. 2) apply in relation to a matter for which an obligation to pay a fee or charge is incurred on or after 1 July 2012.

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

  

301  Operation of Schedule 1

             (1)  The amendments of these Regulations made by Schedule 1 to the Migration Amendment Regulation 2012 (No. 3) apply in relation to an application for a visa made on or after 1 July 2012.

             (2)  However, the repeal or amendment of a provision of these Regulations by Schedule 1 to that regulation does not apply in relation to an application for a visa that is taken to have been made by a person before, on or after 1 July 2012 in accordance with regulation 2.08 or 2.08B of these Regulations.

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

  

401  Operation of amendments

                   The amendments of these Regulations made by Schedules 1 and 2 to the Migration Legislation Amendment Regulation 2012 (No. 3) apply in relation to an application for a visa made on or after 1 July 2012.

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

  

501  Operation of Schedule 1

             (1)  The amendments of these Regulations made by items [1] to [7], [10], [11], [14] to [16] and [18] to [20] of Schedule 1 to the Migration Amendment Regulation 2012 (No. 5) apply in relation to an application for a visa made on or after the day that regulation commences.

             (2)  The amendments of these Regulations made by items [8], [9], [12], [13], [17] and [21] of Schedule 1 to the Migration Amendment Regulation 2012 (No. 5) apply in relation to an application for a visa:

                     (a)  made, but not finally determined, before the day that regulation commences; and

                     (b)  made on or after the day that regulation commences.

Part 6Amendments made by the Migration Legislation Amendment Regulation 2012 (No. 4)

  

601  Operation of Schedule 1

             (1)  The amendments of these Regulations made by Schedule 1 to the Migration Legislation Amendment Regulation 2012 (No. 4) apply in relation to an application made on or after 24 November 2012 for:

                     (a)  a visa; or

                     (b)  approval as a sponsor; or

                     (c)  approval of a nomination; or

                     (d)  the variation of the terms of an approval as a sponsor.

             (2)  However, the amendments made by Schedule 1 do not apply in relation to an application for a visa that is taken