Amendments of Migration Regulations 1994 Relating to Student Visas
Commencement:
24 March 2012
Client summary
From 24 March 2012, the Migration Regulations 1994 ('the Regulations') are amended to:
- provide for a new subset of eligible Subclass 573 (Higher Education Sector), 574 (Postgraduate Research Sector), and 575 (Non-Award Sector) visa applicants enrolled to study certain courses at certain specified education providers, who would be subject to new visa requirements similar to the existing Assessment Level (AL) 1 criteria, which are intended to enable a streamlined visa process for those eligible higher degree students and eligible university exchange students
- provide that the Minister may specify the education providers eligible to participate in the streamlined visa processing arrangements in an instrument in writing, including their nominated educational business partner providers
- exempt the Minister from the requirement to specify a course in an instrument in writing made under regulation 1.40A if the course would be undertaken by eligible Subclass 573 (Higher Education Sector), 574 (Postgraduate Research Sector), and 575 (Non-Award Sector) visa applicants
- exempt eligible higher degree students and eligible university exchange students from the AL regime and the requirements set out in Schedule 5A to the Regulations
- provide new visa requirements for Subclass 580 (Student Guardian) visa applicants whose nominating student was an eligible higher degree student or eligible university exchange student at the time their visa was granted
- repeal a Subclass 571 (Schools Sector), Subclass 572 (Vocational Education and Training Sector), Subclass 573 (Higher Education Sector), Subclass 574 (Postgraduate Research Sector) and Subclass 580 (Student Guardian) visa as visas for the purposes of regulation 2.07AO
- repeal certain provisions that are considered to be spent for Subclass 571 (Schools Sector), Subclass 572 (Vocational Education and Training Sector), Subclass 573 (Higher Education Sector), Subclass 574 (Postgraduate Research Sector) and Subclass 580 (Student Guardian) visas providing for persons designated under regulation 2.07AO in Parts 571, 572, 573, 574, and 580 in Schedule 2 to the Regulations
- amend English language requirements for Subclass 571 (Schools Sector) visa applicants subject to AL4 to be consistent with AL1 to AL3 English language requirements for that visa
- increase the maximum duration of English Language Intensive Course for Overseas Students (ELICOS) (or other English language tuition) to 50 weeks for Subclass 571 (Schools Sector) visa applicants subject to AL3 or AL 4 who are not secondary exchange students and will undertake an ELICOS (or other English language tuition) before commencing their principal course
- require Subclass 571 (Schools Sector) visa applicants subject to AL 5 who are not secondary exchange students and will undertake an ELICOS (or other English language tuition) before commencing their principal course, to give evidence that the ELICOS (or other English language tuition) will have a duration of no more than 50 weeks
- provide that Subclass 580 (Student Guardian) visa holders may undertake ELICOS study of less than 20 hours per week while holders of that visa, while maintaining the three month study restriction for any other studies or training that is not ELICOS
- clarify that secondary applicants subject to AL4 must give a declaration stating that they have access to funds from an acceptable source that are sufficient to meet certain costs for the remainder of their proposed stay in Australia after the first 24 months.
Affected legislation
The following provisions of the Regulations are amended:
Regulation 1.40A is substituted:
Subregulation 1.41(1) is substituted:
Subregulation 1.41(1A) is inserted:
Subregulation 1.42(7) is substituted:
Paragraphs 2.07AO(3)(n) to (r) are omitted:
Paragraphs 2.12BF(1)(m) to (q) are omitted:
Schedule 2, clause 570.229 is substituted:
Schedule 2, subclause 571.223(2) is substituted:
Schedule 2, clause 571.230 is amended:
Schedule 2, clause 571.235 is substituted:
Schedule 2, subparagraph 571.312(2)(d)(ii) is substituted :
Schedule 2, paragraph 571.312(2)(e) is omitted:
Schedule 2, subclause 572.223(2) is substituted:
Schedule 2, clause 572.230 is amended:
Schedule 2, clause 572.234 is substituted:
Schedule 2, subparagraph 572.312(2)(d)(iii) is substituted:
Schedule 2, paragraph 572.312(2)(e) is omitted:
Schedule 2, Division 573.1, the heading is substituted:
Schedule 2, clause 573.111, definitions of educational business partner; eligible :
education provider; and eligible higher degree student are inserted:
Schedule 2, clause 573.112 is inserted :
Schedule 2, clause 573.212 is inserted:
Schedule 2, paragraph 573.223(1)(b) is amended:
Schedule 2, subclause 573.223(1A) is inserted:
Schedule 2, subclause 573.223(2) is substituted:
Schedule 2, clause 573.230 is substituted:
Schedule 2, clause 573.231 is substituted:
Schedule 2, clause 573.234 is substituted:
Schedule 2, subparagraph 573.312(2)(d)(iii) is amended:
Schedule 2, paragraph 573.312(2)(e) is omitted:
Schedule 2, subparagraph 573.322(b)(ia) is inserted:
Schedule 2, Division 574.1, the heading is substituted:
Schedule 2, clause 574.111, definitions of educational business partner; eligible
education provider; and eligible higher degree student are inserted:
Schedule 2, clause 574.112 is inserted:
Schedule 2, clause 574.212 is inserted :
Schedule 2, paragraph 574.223(1)(b) is amended :
Schedule 2, subclause 574.223(1A) is inserted:
Schedule 2, subclause 574.223(2) is substituted :
Schedule 2, clause 574.230 is substituted :
Schedule 2, clause 574.231 is substituted :
Schedule 2, clause 574.234 is substituted :
Schedule 2, subparagraph 574.312(2)(d)(iii) is amended :
Schedule 2, paragraph 574.312(2)(e) is omitted:
Schedule 2, subparagraph 574.322(b)(ia) is inserted:
Schedule 2, Division 575.1, the heading is substituted:
Schedule 2, clause 575.111, definitions of eligible education provider; and eligible
university exchange student are inserted :
Schedule 2, clause 575.112 is inserted :
Schedule 2, clause 575.212 is inserted :
Schedule 2, paragraph 575.223(1)(b) is amended:
Schedule 2, subclause 575.223(1A) is inserted :
Schedule 2, subclause 575.223(2) is substituted :
Schedule 2, clause 575.231 is substituted :
Schedule 2, clause 575.234 is substituted :
Schedule 2, subparagraph 575.322(b)(ia) is inserted :
Schedule 2, clause 576.232 is substituted :
Schedule 2, clause 580.114 is amended :
Schedule 2, subparagraph 580.211(2)(d)(iii) is substituted :
Schedule 2, paragraph 580.211(2)(e) is omitted :
Schedule 2, paragraph 580.226(1)(b) is amended:
schedule 2, paragraph 580.226(1A)(a) is omitted :
Schedule 2, paragraph 580.226(1A)(b) is amended :
Schedule 2, paragraph 580.226(1A)(d) is amended :
Schedule 2, subclause 580.226(1B) is omitted :
Schedule 2, subclause 580.226(6) is inserted :
Schedule 2, subparagraph 580.311(2)(d)(iii) is substituted :
Schedule 2, paragraph 580.311(2)(e) is omitted :
Schedule 5A, subclause 5A301(1A) is inserted :
Schedule 5A, subclause 5A304(1) is substituted :
Schedule 5A, subclause 5A304(2) is amended :
Schedule 5A, subclauses 5A304(3) to (10) are omitted :
Schedule 5A, subclause 5A307(2) is amended :
Schedule 5B, paragraph 5B201(2)(d) is amended :
Schedule 8, clause 8201 is substituted. :
Additional information
Nil
Transitional provisions:
The amendments apply to applications for visas made on or after 24 March 2012.
Forms
The following forms will be amended to reflect these amendments:
- Form 157A Application for a student visa
- Form 157G Application for a Student Guardian visa
- Form 157N Nomination of a student guardian
- Form 919 Nomination of student dependants
- Information form – Applying for a student visa
- Information form – Applying for a Student Guardian visa.
The following forms will be withdrawn as a result of these amendments:
- Form 1216 Schools Sector – English Proficiency Details of nominated education agent
- Form 1218 Schools Sector – English Proficiency Advice on tests
- Form 1252 Supplementary form – Student visa subclass 571 (Schools Sector).
Instructions
PAM3 will be amended to reflect these changes by 24 March 2012.