Part 3—Requirements 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 4—Requirements 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 5—Special 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, if:
(i) the cancellation has not been revoked under subsection 501C(4) or 501CA(4) of the Act; or
(ii) after cancelling the visa, the Minister has not, acting personally, granted a permanent visa to the person.
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 5A—Evidentiary requirements for student visas
(regulation 1.44)
Part 1—Preliminary
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.
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 | $8 000 per year for each child who is: (a) a school‑age dependant at the time; and (b) a family applicant |
| (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 (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 2—Subclass 570 (Independent ELICOS Sector)
Division 3—Requirements 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 4—Requirements 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 5—Requirements 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 3—Subclass 571 (Schools Sector)
Division 3—Requirements 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 4—Requirements 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 5—Requirements 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 4—Subclass 572 (Vocational Education and Training Sector)
Division 3—Requirements 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 4—Requirements 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 5—Requirements 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 5—Subclass 573 (Higher Education Sector)
Division 3—Requirements 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 4—Requirements 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 5—Requirements 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 6—Subclass 574 (Postgraduate Research Sector)
Division 3—Requirements 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 4—Requirements 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 5—Requirements 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 7—Subclass 575 (Non‑Award Sector)
Division 3—Requirements 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 4—Requirements 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 5—Requirements 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 8—Subclass 576 (Foreign Affairs or Defence Sector)
Division 2—Requirements 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 5B—Evidentiary 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 1—Preliminary
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 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 3—Evidentiary 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 4—Evidentiary 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 6D—General points test for General Skilled Migration visas mentioned in subregulation 2.26AC(1)
(regulation 2.26AC)
Part 6D.1—Age 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.2—English 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.3—Overseas 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.4—Australian 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.5—Aggregating 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.6—Australian 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.7—Educational 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.8—Australian 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.9—Credentialled 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.10—Study 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.11—Partner 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.12—State 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.13—Designated 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 7A—Business innovation and investment points test—attributes and points (Business Skills (Provisional) (Class EB) visas)
(regulation 1.03)
Part 7A.1—Definitions
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.2—Age 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.3—English 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.4—Educational 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.5—Business 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.6—Investor 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.7—Financial 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.8—Business 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.9—Business 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.10—Special 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 8—Visa 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.
8116 The holder must not work in Australia other than by engaging in an activity specified in a legislative instrument made by the Minister for this clause.
8117 The holder must not work in Australia other than as a member of the crew on either or both of the following:
(a) the flight on which the holder leaves Australia;
(b) one flight from a proclaimed airport to the proclaimed airport from which the holder leaves Australia.
8118 The holder must not work in Australia other than as a member of the crew on one or more of the following:
(a) the flight on which the holder travels to Australia;
(b) one flight from the proclaimed airport at which the holder enters Australia to another proclaimed airport;
(c) the flight on which the holder leaves Australia;
(d) one flight from a proclaimed airport to the proclaimed airport from which the holder leaves Australia.
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.
8565 The holder must notify Immigration of any change in the holder’s residential address within 28 days after the change occurs.
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.
8570 The holder must not:
(a) enter a country by reference to which:
(i) the holder was found to be a person in respect of whom Australia has protection obligations; or
(ii) for a member of the family unit of another holder—the other holder was found to be a person in respect of whom Australia has protection obligations; or
(b) enter any other country unless:
(i) the Minister is satisfied that there are compassionate or compelling circumstances justifying the entry; and
(ii) the Minister has approved the entry in writing.
Schedule 9—Special entry and clearance arrangements
(regulations 3.01, 3.03, 3.06 and 3.06A)
Part 1—Persons 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 | The passport mentioned in column 2 | Yes |
| (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 (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 2—Persons 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 10—Prescribed forms
(regulation 1.03)
Form 1—Search 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 2—Search 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 .
Secretary [or Delegate]
Form 3—Document 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 4—Identity 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 11—Memorandum 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.
| 
|
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 12—Exchange 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 13—Transitional arrangements
(regulation 5.45)
Part 1—Amendments 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 2—Amendments 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 3—Amendments 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 4—Amendments 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 5—Amendments 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 6—Amendments 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 to have been made by a person before, on or after 24 November 2012 in accordance with regulation 2.08 of these Regulations.
602 Operation of Schedule 2
The amendments of these Regulations made by Schedule 2 to the Migration Legislation Amendment Regulation 2012 (No. 4) apply in relation to:
(a) an application for:
(i) a visa; or
(ii) approval as a sponsor; or
(iii) approval of a nomination;
made before 24 November 2012 but not finally determined before that date; and
(b) an application made on or after 24 November 2012 for a visa.
603 Operation of Schedule 3
(1) The amendments of these Regulations made by Schedule 3 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.
(2) However, the amendments made by Schedule 3 do not apply in relation to an application made on or after 24 November 2012 for a visa made by a person seeking to satisfy the secondary criteria for the grant of the visa.
(3) Also, the amendments made by Schedule 3 do not apply in relation to an application made on or after 24 November 2012 for approval as a sponsor made in relation to an application for a visa made by a person seeking to satisfy the secondary criteria for the grant of the visa.
Part 7—Amendments made by Migration Legislation Amendment Regulation 2012 (No. 5)
701 Operation of amendments
(1) The amendments of these Regulations made by Schedule 1 to the Migration Legislation Amendment Regulation 2012 (No. 5) apply in relation to an application made on or after 24 November 2012 for a visa by a person seeking to satisfy the secondary criteria for the grant of a Subclass 422 (Medical Practitioner) visa.
(2) The amendments of these Regulations made by Schedule 2 to the Migration Legislation Amendment Regulation 2012 (No. 5) apply in relation to an application for a visa made on or after 24 November 2012.
(3) The amendments of these Regulations made by Schedule 3 to the Migration Legislation Amendment Regulation 2012 (No. 5) apply in relation to an application for a visa made on or after 24 November 2012.
(4) The amendments of these Regulations made by Schedule 4 to the Migration Legislation Amendment Regulation 2012 (No. 5) apply in relation to an application for a visa:
(a) made, but not finally determined, before 24 November 2012; or
(b) made on or after 24 November 2012.
(5) The amendments of these Regulations made by Schedule 5 to the Migration Legislation Amendment Regulation 2012 (No. 5) apply in relation to a request to be given a prescribed form of evidence of a visa made on or after 24 November 2012.
(6) The amendments of these Regulations made by Schedule 6 to the Migration Legislation Amendment Regulation 2012 (No. 5) apply in relation to an application for a visa made, but not finally determined, before 24 November 2012 if both of the following apply:
(a) on or after 24 November 2012, the alleged victim, or another person on the alleged victim’s behalf, has provided a statutory declaration under regulation 1.25;
(b) the alleged victim, or another person on the alleged victim’s behalf, has not previously provided a statutory declaration under regulation 1.25 in relation to that application.
(7) The amendments of these Regulations made by Schedule 6 to the Migration Legislation Amendment Regulation 2012 (No. 5) apply in relation to an application for a visa made on or after 24 November 2012.
Part 8—Amendments made by Migration Amendment Regulation 2012 (No. 7)
801 Operation of Schedule 1
The amendments of these Regulations made by Schedule 1 to the Migration Amendment Regulation 2012 (No. 7) apply in relation to an application for a visa made on or after 24 November 2012.
Part 10—Amendments made by the Migration Amendment Regulation 2012 (No. 8)
1001 Operation of amendments
(1) The amendments of these Regulations made by Schedule 1 to the Migration Amendment Regulation 2012 (No. 8) apply in relation to a bridging visa to which the following apply:
(a) the visa is held on the basis of an application, or a purported application, for merits review;
(b) on 1 January 2013, the final review authority in relation to that merits review had not yet notified the holder of the bridging visa:
(i) of its decision on the merits review; or
(ii) that the application for merits review was not made in accordance with the law governing the making of applications to that review authority.
(2) The amendments of these Regulations made by Schedule 1 to the Migration Amendment Regulation 2012 (No. 8) also apply in relation to a bridging visa that is held on the basis of an application, or a purported application, for merits review made on or after 1 January 2013.
(3) The amendments of these Regulations made by Schedule 1 to the Migration Amendment Regulation 2012 (No. 8) also apply in relation to a bridging visa:
(a) that is held on the basis of an application for a substantive visa:
(i) made, but not finally determined, before 1 January 2013; or
(ii) made on or after 1 January 2013; and
(b) to which subclause (1) or (2) does not apply.
(4) The amendments of these Regulations made by Schedule 2 to the Migration Amendment Regulation 2012 (No. 8) apply in relation to an application for a visa made on or after 1 January 2013.
(5) The amendments of these Regulations made by Schedule 3 to the Migration Amendment Regulation 2012 (No. 8) apply in relation to an application for a visa:
(a) made, but not finally determined, before 1 January 2013; or
(b) made on or after 1 January 2013.
Part 12—Amendments made by the Migration Amendment Regulation 2013 (No. 1)
1201 Operation of Schedules 1 to 7
The amendments of these Regulations made by Schedules 1 to 7 to the Migration Amendment Regulation 2013 (No. 1) apply in relation to an application for a visa made on or after 23 March 2013.
Part 13—Amendments made by the Migration Legislation Amendment Regulation 2013 (No. 1)
1301 Operation of Schedule 1
(1) The amendments of these Regulations made by items 1 and 2 of Schedule 1 to the Migration Legislation Amendment Regulation 2013 (No. 1) apply in relation to an application for review to the Migration Review Tribunal made on or after 1 July 2013.
(2) The amendments of these Regulations made by items 3 and 4 of Schedule 1 to the Migration Legislation Amendment Regulation 2013 (No. 1) apply in relation to an application for review to the Refugee Review Tribunal made on or after 1 July 2013.
1302 Operation of Schedule 2
(1) The amendments of these Regulations made by items 1 to 5 and 8 to 22 of Schedule 2 to the Migration Legislation Amendment Regulation 2013 (No. 1) apply in relation to an application for a visa made on or after 23 March 2013.
(2) The amendments of these Regulations made by items 6 and 7 of Schedule 2 to the Migration Legislation Amendment Regulation 2013 (No. 1) apply in relation to an application for a visa:
(a) made, but not finally determined, before 23 March 2013; or
(b) made on or after 23 March 2013.
1303 Operation of Schedule 3
(1) The repeal of subparagraph 2.43(2)(b)(i) by item 2 of Schedule 3 to the Migration Legislation Amendment Regulation 2013 (No. 1) does not apply in relation to a person who:
(a) holds a student visa; and
(b) was sent a notice of proposed cancellation of the visa under section 119 of the Act for non‑compliance with visa condition 8104 or 8105 before 13 April 2013.
(2) The repeal of subparagraph 2.43(2)(b)(ii) by item 2 of Schedule 3 to the Migration Legislation Amendment Regulation 2013 (No. 1) does not apply in relation to a person who:
(a) holds a student visa; and
(b) was sent:
(i) a notice of proposed cancellation of the visa under section 119 of the Act for non‑compliance with visa condition 8202 before 13 April 2013; or
(ii) a notice under section 20 of the Education Services for Overseas Students Act 2000 for non‑compliance with visa condition 8202 in relation to the visa.
1304 Operation of Schedule 4
(1) The amendments of these Regulations made by Schedule 4 to the Migration Legislation Amendment Regulation 2013 (No. 1) apply in relation to an application to the Migration Review Tribunal or the Refugee Review Tribunal if the decision to which the application relates is made on or after 1 July 2013.
(2) The amendments of these Regulations made by Schedule 4 to the Migration Legislation Amendment Regulation 2013 (No. 1) also apply in relation to:
(a) a notice to appear before the Migration Review Tribunal or the Refugee Review Tribunal issued on or after 1 July 2013; and
(b) an invitation to provide comments or information to the Migration Review Tribunal or the Refugee Review Tribunal made on or after 1 July 2013; and
(c) an extension of time given by the Migration Review Tribunal or the Refugee Review Tribunal on or after 1 July 2013.
Part 14—Amendments made by Migration Amendment Regulation 2013 (No. 2)
1401 Operation of Schedule 1
The amendments of these Regulations made by Schedule 1 to the Migration Amendment Regulation 2013 (No. 2) apply in relation to an application for a visa made on or after 1 June 2013.
Part 15—Amendments made by the Migration Legislation Amendment Regulation 2013 (No. 2)
1501 Operation of Schedule 1
(1) The amendments of these Regulations made by items 2, 3 and 4 of Schedule 1 to the Migration Legislation Amendment Regulation 2013 (No. 2) apply in relation to an application for a visa made on or after 1 June 2013.
(2) The amendments of these Regulations made by Schedule 2 to the Migration Legislation Amendment Regulation 2013 (No. 2) apply in relation to an application for a visa made on or after 1 July 2013.
Part 16—Amendments made by the Migration Amendment (Permanent Protection Visas) Regulation 2013
1601 Operation of Schedule 1
The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Permanent Protection Visas) Regulation 2013 apply in relation to a visa granted on or after 3 June 2013.
Part 16A—Amendments made by the Migration Amendment (Subclass 050 and Subclass 051 Visas) Regulation 2013
16A01 Operation of Schedule 1
The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Subclass 050 and Subclass 051 Visas) Regulation 2013 apply on and after the day that regulation commences.
Part 17—Amendments made by the Migration Amendment (Visa Application Charge and Related Matters) Regulation 2013
1701 Operation of Schedule 1
The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Visa application Charge and Related Matters) Regulation 2013 apply in relation to an application for a visa made on or after 1 July 2013.
Part 19—Amendments made by the Migration Legislation Amendment Regulation 2013 (No. 3)
1901 Operation of Schedule 1
(1) The amendments of these Regulations made by items 1 and 2 of Schedule 1 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply in relation to an application for approval as a sponsor, or for the variation of the terms of approval as a sponsor:
(a) made, but not finally determined, before 1 July 2013; or
(b) made on or after 1 July 2013.
(2) The amendments of these Regulations made by item 3 of Schedule 1 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply in relation to a nomination under subsection 140GB(1) of the Act:
(a) made, but not finally determined, before 1 July 2013; or
(b) made on or after 1 July 2013.
(3) The amendments of these Regulations made by items 4 to 6 of Schedule 1 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply in relation to a person who is or was a standard business sponsor on or after 1 July 2013.
1902 Operation of Schedule 2
The amendments of these Regulations made by Schedule 2 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply in relation to:
(a) an application for approval as a sponsor made on or after 1 July 2013; and
(b) an application for a variation of a term of an approval as a sponsor made on or after 1 July 2013; and
(c) a nomination under subsection 140GB(1) of the Act made on or after 1 July 2013; and
(d) an application for a visa made on or after 1 July 2013.
1903 Operation of Schedule 3
(1) The amendments of these Regulations made by item 1 of Schedule 3 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply in relation to:
(a) a nomination under subsection 140GB(1) of the Act made on or after 1 July 2013; and
(b) a nomination under regulation 5.19 made on or after 1 July 2013; and
(c) an application for a visa made on or after 1 July 2013.
(2) The amendments of these Regulations made by items 2 and 3 of Schedule 3 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply in relation to an application for a visa:
(a) made, but not finally determined, before 1 July 2013; or
(b) made on or after 1 July 2013.
(3) The amendments of these Regulations made by item 4 of Schedule 3 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply on and after 1 July 2013.
(4) The amendments of these Regulations made by items 5 and 6 of Schedule 3 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply in relation to:
(a) an application for approval as a sponsor:
(i) made, but not finally determined, before 1 July 2013; or
(ii) made on or after 1 July 2013; and
(b) an application for a variation of a term of an approval as a sponsor:
(i) made, but not finally determined, before 1 July 2013; or
(ii) made on or after 1 July 2013.
(5) The amendments of these Regulations made by items 7, 8 and 9 of Schedule 3 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply in relation to a nomination under subsection 140GB(1) of the Act:
(a) made, but not finally determined, before 1 July 2013; or
(b) made on or after 1 July 2013.
(6) The amendments of these Regulations made by item 10 of Schedule 3 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply in relation to a nomination under regulation 5.19 made on or after 1 July 2013.
(7) The amendments of these Regulations made by items 11 to 20 of Schedule 3 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply in relation to an application for a visa:
(a) made, but not finally determined, before 1 July 2013; or
(b) made on or after 1 July 2013.
(8) The amendments of these Regulations made by items 21 and 22 of Schedule 3 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply in relation to a visa that is:
(a) in effect on 1 July 2013; or
(b) granted on or after 1 July 2013.
1904 Operation of Schedule 4
The amendments of these Regulations made by item 4 of Schedule 4 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply in relation to a payment made for the purposes of the Act or these Regulations on or after 1 July 2013.
1905 Operation of Schedule 5
The amendments of these Regulations made by Schedule 5 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply in relation to an application for a visa made on or after 1 July 2013.
1906 Operation of Schedule 6
(1) The amendments of these Regulations made by item 1 of Schedule 6 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply in relation to an application for approval of a nomination made on or after 1 July 2013.
(2) The amendments of these Regulations made by item 2 of Schedule 6 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply in relation to an application for a visa made on or after 1 July 2013.
1907 Operation of Schedule 7
The amendments of these Regulations made by Schedule 7 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply in relation to an application for a visa:
(a) made, but not finally determined, before 1 July 2013; or
(b) made on or after 1 July 2013.
1908 Operation of Schedule 8
The amendments of these Regulations made by Schedule 8 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply in relation to a request made for regulation 2.08A or 2.08B on or after 1 July 2013.
1909 Operation of Schedule 9
The amendments of these Regulations made by Schedule 9 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply in relation to an application for a visa:
(a) made, but not finally determined, before 1 July 2013; or
(b) made on or after 1 July 2013.
Part 20—Amendments made by the Migration Amendment Regulation 2013 (No. 5)
2001 Operation of Schedule 1
(1) The amendments of these Regulations made by item 1 of Schedule 1 to the Migration Amendment Regulation 2013 (No. 5) apply in relation to:
(a) an application for approval as a sponsor that:
(i) was made before 1 July 2013; and
(ii) had not been finally determined before 1 July 2013; and
(b) an application for approval as a sponsor made on or after 1 July 2013.
(2) The amendments of these Regulations made by item 2 of Schedule 1 to the Migration Amendment Regulation 2013 (No. 5) apply in relation to:
(a) an application for variation of a term of approval as a sponsor that:
(i) was made before 1 July 2013; and
(ii) had not been finally determined before 1 July 2013; and
(b) an application for variation of a term of approval as a sponsor made on or after 1 July 2013.
(3) The amendments of these Regulations made by item 3 of Schedule 1 to the Migration Amendment Regulation 2013 (No. 5) apply in relation to:
(a) a nomination under subsection 140GB(1) of the Act:
(i) made before 1 July 2013; and
(ii) not finally determined before 1 July 2013; and
(b) a nomination under subsection 140GB(1) of the Act made on or after 1 July 2013.
(4) The amendments of these Regulations made by item 4 of Schedule 1 to the Migration Amendment Regulation 2013 (No. 5) apply in relation to a standard business sponsor on and after 1 July 2013.
(5) The amendments of these Regulations made by item 5 of Schedule 1 to the Migration Amendment Regulation 2013 (No. 5) apply in relation to a standard business sponsor, or a former standard business sponsor, on and after 1 July 2013.
(6) The amendments of these Regulations made by items 6, 7 and 9 of Schedule 1 to the Migration Amendment Regulation 2013 (No. 5) apply in relation to a standard business sponsor, or a former standard business sponsor, on and after 1 July 2013.
(7) The amendments of these Regulations made by item 8 of Schedule 1 to the Migration Amendment Regulation 2013 (No. 5) apply on and after 1 July 2013.
(8) The amendments of these Regulations made by item 10 of Schedule 1 to the Migration Amendment Regulation 2013 (No. 5) apply in relation to a visa that is:
(a) in effect on 1 July 2013; or
(b) granted on or after 1 July 2013.
Part 22—Amendments made by the Migration Amendment (Skills Assessment) Regulation 2013
2201 Operation of Schedule 1
(1) The amendments of these Regulations made by items [5] to [7] of Schedule 1 to the Migration Amendment (Skills Assessment) Regulation 2013 apply in relation to an application for a visa made on or after 28 October 2013.
(2) The amendments of these Regulations made by items [2] to [4] and [8] to [11] of Schedule 1 to the Migration Amendment (Skills Assessment) Regulation 2013 apply in relation to an application for a visa made on or after 28 October 2013 as a result of an invitation in writing on or after 28 October 2013 by the Minister to apply for the visa.
Part 23—Amendments made by the Migration Amendment (Visa Application Charge and Related Matters No. 2) Regulation 2013
2301 Operation of Schedule 1
(1) The amendments of these Regulations made by items 1 and 2 of Schedule 1 to the Migration Amendment (Visa Application Charge and Related Matters No. 2) Regulation 2013 apply in relation to a nomination under subsection 140GB(1) of the Act:
(a) made, but not finally determined, before 23 November 2013; or
(b) made on or after 23 November 2013.
(2) The amendments of these Regulations made by items 7 and 8 of Schedule 1 to the Migration Amendment (Visa Application Charge and Related Matters No. 2) Regulation 2013 apply in relation to a visa application:
(a) made, but not finally determined, before 23 November 2013; or
(b) made on or after 23 November 2013.
Part 24—Amendments made by the Migration Amendment (Internet Applications and Related Matters) Regulation 2013
2401 Operation of Schedule 1
The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Internet Applications and Related Matters) Regulation 2013 apply in relation to an application for a visa made on or after 23 November 2013.
Part 25—Amendments made by the Migration Amendment (Bridging Visas—Code of Behaviour) Regulation 2013
2501 Operation of Schedule 1
(1) The amendment of these Regulations made by item 1 of Schedule 1 to the Migration Amendment (Bridging Visas—Code of Behaviour) Regulation 2013 applies in relation to an application for a visa made on or after 14 December 2013.
(2) The amendments of these Regulations made by items 2 to 6 of Schedule 1 to the Migration Amendment (Bridging Visas—Code of Behaviour) Regulation 2013 apply in relation to an application for a visa:
(a) made, but not finally determined, before 14 December 2013; or
(b) made on or after 14 December 2013.
Part 27—Amendments made by the Migration Amendment (2014 Measures No. 1) Regulation 2014
2701 Operation of Schedules 1 to 3
The amendments of these Regulations made by Schedules 1 to 3 to the Migration Amendment (2014 Measures No. 1) Regulation 2014 apply in relation to the following applications for a visa:
(a) an application made, but not finally determined, before 22 March 2014;
(b) an application made on or after 22 March 2014.
2702 Operation of Schedule 4
The amendment of these Regulations made by Schedule 4 to the Migration Amendment (2014 Measures No. 1) Regulation 2014 applies in relation to a person covered by a residence determination on or after 22 March 2014.
2703 Operation of Schedule 5
The amendments of these Regulations made by Schedule 5 to the Migration Amendment (2014 Measures No. 1) Regulation 2014 apply in relation to:
(a) the following applications for a visa:
(i) an application made, but not finally determined, before 22 March 2014;
(ii) an application made on or after 22 March 2014; and
(b) the following nominations by an approved sponsor under section 140GB of the Act:
(i) a nomination made, but not finally determined, before 22 March 2014;
(ii) a nomination made on or after 22 March 2014.
Part 28—Amendments made by the Migration Amendment (Redundant and Other Provisions) Regulation 2014
2801 Operation of Schedule 1
(1) The amendments of these Regulations made by Parts 1, 3, 4, 5 and 7 of Schedule 1 to the Migration Amendment (Redundant and Other Provisions) Regulation 2014 (the amending regulation) apply in relation to an application for a visa made on or after 22 March 2014.
(2) Despite the repeal of provisions of these Regulations by Part 1, 3, 4, 5 or 7 of the amending regulation, those provisions, as in force immediately before those repeals, continue to apply in relation to an application for a visa if:
(a) the visa application is taken to have been made by a person before, on or after 22 March 2014 in accordance with regulation 2.08, 2.08A or 2.08B; and
(b) for an application taken to have been made in accordance with regulation 2.08—the non‑citizen mentioned in paragraph 2.08(1)(a) applied for his or her visa before 22 March 2014; and
(c) for an application taken to have been made in accordance with regulation 2.08A or 2.08B—the original applicant mentioned in paragraph 2.08A(1)(a) or 2.08B(1)(a), as the case requires, applied for his or her visa before 22 March 2014.
(3) Despite the repeal of Division 2.7 of these Regulations by Part 1 of Schedule 1 to the amending regulation, that Division, as in force immediately before that repeal, continues to apply after 22 March 2014 to an assurance of support accepted by the Minister before 1 July 2004.
(4) The amendments of these Regulations made by Part 6 of Schedule 1 to the amending regulation apply in relation the following applications for a visa:
(a) an application made, but not finally determined, before 22 March 2014;
(b) an application made on or after 22 March 2014.
(5) If:
(a) an instrument is in force immediately before the commencement of Part 2 of Schedule 1 to the amending regulation; and
(b) the instrument was made (whether wholly or partly) under a provision amended by that Part;
then, the instrument has effect after that commencement as if it had been made under that provision as amended.
Part 29—Amendments made by the Migration Amendment (Credit Card Surcharge) Regulation 2014
2901 Operation of Schedule 1
The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Credit Card Surcharge) Regulation 2014 apply in relation to the payment of an instalment, or part of an instalment, of visa application charge made on or after 19 April 2014.
Part 31—Amendments made by the Migration Legislation Amendment (2014 Measures No. 1) Regulation 2014
3101 Operation of Schedule 1
The amendments of these Regulations made by Schedule 1 to the Migration Legislation Amendment (2014 Measures No. 1) Regulation 2014 apply in relation to a request under section 70 of the Act for evidence of a visa, made on or after 1 July 2014.
3102 Operation of Schedules 2 and 3
The amendments of these Regulations made by Schedules 2 and 3 to the Migration Legislation Amendment (2014 Measures No. 1) Regulation 2014 apply in relation to an application for a visa made on or after 1 July 2014.
3103 Operation of Schedule 5
The amendments of these Regulations made by Schedule 5 to the Migration Legislation Amendment (2014 Measures No. 1) Regulation 2014 apply in relation to the following applications for a visa:
(a) an application made, but not finally determined, before 1 July 2014;
(b) an application made on or after 1 July 2014.
3104 Operation of Schedule 7
The amendments of these Regulations made by Schedule 7 to the Migration Legislation Amendment (2014 Measures No. 1) Regulation 2014 apply on and after 1 July 2014 in relation to an infringement notice served before, on or after that date.
Part 32—Amendments made by the Migration Amendment (Credit Card Surcharge Additional Measures) Regulation 2014
3201 Operation of Schedule 1
The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Credit Card Surcharge Additional Measures) Regulation 2014 apply in relation to a payment of a fee or charge on or after 1 July 2014.
Part 33—Amendments made by the Migration Amendment (Temporary Graduate Visas) Regulation 2014
3301 Operation of Part 1 of Schedule 1
The amendments of these Regulations made by Part 1 of Schedule 1 to the Migration Amendment (Temporary Graduate Visas) Regulation 2014 apply in relation to the following applications for a visa:
(a) an application made on or after 1 July 2014, but not finally determined before 6 October 2014;
(b) an application made on or after 6 October 2014.
Part 34—Amendments made by the Migration Amendment (Bridging Visas) Regulation 2014
3401 Operation of Part 1 of Schedule 1
The amendments of these Regulations made by Part 1 of Schedule 1 to the Migration Amendment (Bridging Visas) Regulation 2014 apply in relation to a Bridging E (Class WE) visa:
(a) granted as a result of an application for the visa made on or after 6 October 2014; or
(b) granted by the Minister under subsection 195A(2) of the Act, or under regulation 2.25, on or after 6 October 2014.
Part 35—Amendments made by the Migration Legislation Amendment (2014 Measures No. 2) Regulation 2014
3501 Operation of Schedule 1
The amendments of these Regulations made by Schedule 1 to the Migration Legislation Amendment (2014 Measures No. 2) Regulation 2014 apply in relation to an application for a visa made on or after 23 November 2014.
3502 Operation of Schedules 2 and 3
The amendments of these Regulations made by Schedules 2 and 3 to the Migration Legislation Amendment (2014 Measures No. 2) Regulation 2014 apply on and after 23 November 2014.
3503 Operation of Schedule 4
The amendments of these Regulations made by Schedule 4 to the Migration Legislation Amendment (2014 Measures No. 2) Regulation 2014 apply in relation to an application for a Student (Temporary) (Class TU) visa made on or after 23 November 2014.
3504 Operation of Schedule 5
The amendments of these Regulations made by Schedule 5 to the Migration Legislation Amendment (2014 Measures No. 2) Regulation 2014 apply in relation to the following applications for a visa:
(a) an application made, but not finally determined, before 23 November 2014;
(b) an application made on or after 23 November 2014.
3505 Operation of Schedule 7
The amendments of these Regulations made by Schedule 7 to the Migration Legislation Amendment (2014 Measures No. 2) Regulation 2014 apply in relation to an application for a student visa made on or after 23 November 2014.
Part 37—Amendments made by the Migration Amendment (Subclass 050 Visas) Regulation 2014
3701 Operation of Part 1 of Schedule 1
(1) The amendment of these Regulations made by item 1 of Part 1 of Schedule 1 to the Migration Amendment (Subclass 050 Visas) Regulation 2014 applies in relation to an application for a Subclass 050 (Bridging (General)) visa made on or after 23 November 2014.
(2) The amendments of these Regulations made by items 2 and 3 of Part 1 of Schedule 1 to the Migration Amendment (Subclass 050 Visas) Regulation 2014 apply in relation to a Subclass 050 (Bridging (General)) visa granted under section 195A of the Act on or after 23 November 2014.
Part 38—Amendments made by the Migration Amendment (2014 Measures No. 2) Regulation 2014
3801 Operation of Schedule 1
The amendments of these Regulations made by Schedule 1 to the Migration Amendment (2014 Measures No. 2) Regulation 2014 apply in relation to the following invitations to a visa applicant given on or after 1 January 2015:
(a) an invitation, under subsection 56(2) of the Act, to give additional information;
(b) an invitation, under paragraph 57(2)(c) of the Act, to comment on information.
3802 Operation of Schedule 2
The amendments of these Regulations made by Schedule 2 to the Migration Amendment (2014 Measures No. 2) Regulation 2014 apply in relation to the following applications for a Subclass 188 (Business Innovation and Investment (Provisional)) visa:
(a) an application made, but not finally determined, before 12 December 2014;
(b) an application made on or after 12 December 2014.
3803 Operation of Schedule 3
(1) The amendments of these Regulations made by items 1 to 3 of Schedule 3 to the Migration Amendment (2014 Measures No. 2) Regulation 2014 apply in relation to the following applications for a visa:
(a) an application made, but not finally determined, before the commencement of the items;
(b) an application made on or after the commencement of the items.
(2) The amendments of these Regulations made by items 4 to 12 and 16 to 21 of Schedule 3 to the Migration Amendment (2014 Measures No. 2) Regulation 2014 apply in relation to a decision to grant or not to grant a visa, or to cancel a visa, made on or after the commencement of the items.
(3) The amendments of these Regulations made by items 13, 14 and 15 of Schedule 3 to the Migration Amendment (2014 Measures No. 2) Regulation 2014 apply in relation to a decision to cancel a visa made on or after the commencement of the items.
Part 39—Amendments made by the Migration Amendment (Partner Visas) Regulation 2014
3901 Operation of Part 1 of Schedule 1
The amendments of these Regulations made by Part 1 of Schedule 1 to the Migration Amendment (Partner Visas) Regulation 2014 apply in relation to an application for a visa made on or after 1 January 2015.
Part 40—Amendments made by the Migration Amendment (Resolving the Asylum Legacy Caseload) Regulation 2015
4001 Operation of Schedule 2
The amendments of these Regulations made by Schedule 2 to the Migration Amendment (Resolving the Asylum Legacy Caseload) Regulation 2015 apply in relation to the review of an RRT‑reviewable decision made on or after the commencement of that Schedule in relation to an application for a protection visa made on or after 16 December 2014.
Part 41—Amendments made by the Migration Amendment (2015 Measures No. 1) Regulation 2015
4101 Operation of Schedule 1
The amendments of these Regulations made by Schedule 1 to the Migration Amendment (2015 Measures No. 1) Regulation 2015 apply in relation to a special purpose visa taken to have been granted on or after 18 April 2015.
4102 Operation of Schedule 2
(1) The amendments of these Regulations made by items 1 to 10 of Schedule 2 to the Migration Amendment (2015 Measures No. 1) Regulation 2015 apply in relation to the following applications for a visa:
(a) an application made, but not finally determined, before 18 April 2015;
(b) an application made on or after 18 April 2015.
(2) However, the amendments mentioned in subregulation (1) do not apply to an application mentioned in paragraph (1)(a) if:
(a) the Minister invited the applicant under these Regulations, in writing, to apply for the visa; and
(b) before the invitation was issued, the applicant undertook an English language test in accordance with these Regulations.
(3) The amendments of these Regulations made by items 11 to 14 of Schedule 2 to the Migration Amendment (2015 Measures No. 1) Regulation 2015 apply in relation to an application for a visa made on or after 18 April 2015.
4103 Operation of Schedule 3
(1) The amendment of these Regulations made by item 1 of Schedule 3 to the Migration Amendment (2015 Measures No. 1) Regulation 2015 applies in relation to a notice given on or after 18 April 2015.
(2) The amendment of these Regulations made by item 2 of Schedule 3 to the Migration Amendment (2015 Measures No. 1) Regulation 2015 applies in relation to the following applications:
(a) an application for a visa made, but not finally determined, before 18 April 2015;
(b) an application for a visa made on or after 18 April 2015.
4104 Operation of Schedule 4
The amendments of these Regulations made by Schedule 4 to the Migration Amendment (2015 Measures No. 1) Regulation 2015 apply in relation to an event mentioned in regulation 2.84 that occurs on or after 18 April 2015.
4105 Operation of Schedule 5
The amendment of these Regulations made by Schedule 5 to the Migration Amendment (2015 Measures No. 1) Regulation 2015 applies in relation to the following applications for a visa:
(a) an application made, but not finally determined, before 18 April 2015;
(b) an application made on or after 18 April 2015.
4106 Operation of Schedule 6
The amendments of these Regulations made by Schedule 6 to the Migration Amendment (2015 Measures No. 1) Regulation 2015 apply in relation to an application for a visa made on or after 18 April 2015.
Part 42—Amendments made by the Migration Amendment (Protection and Other Measures) Regulation 2015
4201 Operation of Schedule 1
The amendment of these Regulations made by item 2 of Schedule 1 to the Migration Amendment (Protection and Other Measures) Regulation 2015 applies in relation to the following applications for protection visas:
(a) an application made, but not finally determined, before the commencement of that item;
(b) an application made on or after the commencement of that item.
Part 50—Amendments made by the Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014
5000 Operation of Divisions 1 and 3 of Part 4 of Schedule 2
The amendments of these Regulations made by Divisions 1 and 3 of Part 4 of Schedule 2 to the Migration Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 apply in relation to:
(a) a visa application made on or after the commencement of Division 1 of that Part; and
(b) a visa application that is taken to be, and always to have been, a valid application for a Temporary Protection (Class XD) visa by the operation of paragraph 2.08F(1)(b) of these Regulations (as inserted by Division 2 of that Part).
Note: Regulation 2.08F applies, by its own terms, in relation to some protection visa applications made before the commencement of that Part.
