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MIGRATION LEGISLATION AMENDMENT REGULATION 2012 (NO. 1) (SLI NO 35 OF 2012) - SCHEDULE 4

Amendments of Migration Regulations 1994 relating to student visas

(section 6)

 

[1]           Regulation 1.40A

substitute

1.40A       Courses to be specified by Minister

         (1)   The Minister must specify, by instrument in writing, the types of courses for each subclass of student visa.

         (2)   The Minister is not required to specify a course if:

                (a)    the subclass of student visa is Subclass 576 (AusAID or Defence Sector); or

               (b)    the course would be undertaken by:

                          (i)    an applicant for a Subclass 573 (Higher Education Sector) visa who would be an eligible higher degree student within the meaning of Part 573 of Schedule 2; or

                         (ii)    an applicant for a Subclass 574 (Postgraduate Research Sector) visa who would be an eligible higher degree student within the meaning of Part 574 of Schedule 2; or

                        (iii)    an applicant for a Subclass 575 (Non-Award Sector) visa who would be an eligible university exchange student within the meaning of Part 575 of Schedule 2.

[2]           Subregulation 1.41 (1)

substitute

         (1)   The Minister must specify, by instrument in writing, an assessment level for a kind of eligible passport, in relation to each subclass of student visa, to which an applicant for a student visa who seeks to satisfy the primary criteria will be subject.

      (1A)   An assessment level does not apply in relation to an eligible passport held by:

                (a)    an applicant for a Subclass 573 (Higher Education Sector) visa who is an eligible higher degree student within the meaning of Part 573 of Schedule 2; or

               (b)    an applicant for a Subclass 574 (Postgraduate Research Sector) visa who is an eligible higher degree student within the meaning of Part 574 of Schedule 2; or

                (c)    an applicant for a Subclass 575 (Non-Award Sector) visa who is an eligible university exchange student within the meaning of Part 575 of Schedule 2.

[3]           Subregulation 1.42 (7)

substitute

         (7)   Subregulations (1) to (6) do not apply to:

                (a)    an applicant for a Subclass 573 (Higher Education Sector) visa who is an eligible higher degree student within the meaning of Part 573 of Schedule 2; or

               (b)    an applicant for a Subclass 574 (Postgraduate Research Sector) visa who is an eligible higher degree student within the meaning of Part 574 of Schedule 2; or

                (c)    an applicant for a Subclass 575 (Non-Award Sector) visa who is an eligible university exchange student within the meaning of Part 575 of Schedule 2.

[4]           Paragraphs 2.07AO (3) (n) to (r)

omit

[5]           Paragraphs 2.12BF (1) (m) to (q)

omit

[6]           Schedule 2, clause 570.229

substitute

570.229      (1)   If the applicant is subject to assessment level 3, 4 or 5, the aggregate of the period, or periods, of ELICOS that the applicant is seeking to undertake, together with the period, or periods, of any previous ELICOS undertaken as the holder of a Subclass 570, 572, 573, 574, 575 or 576 visa, or any subsequent bridging visa, does not exceed:

                   (a)     for an applicant who is subject to assessment level 3 -- 60 weeks; or

                  (b)     for an applicant who is subject to assessment level 4 or 5 -- 40 weeks.

                   (2)   If the applicant is subject to assessment level 3, 4 or 5, the aggregate of the period, or periods, of ELICOS that the applicant is seeking to undertake, together with the period, or periods, of any previous ELICOS undertaken as the holder of a Subclass 571 visa, or any subsequent bridging visa, does not exceed:

                   (a)     for an applicant who is subject to assessment level 3 -- 60 weeks; or

                  (b)     for an applicant who is subject to assessment level 4 or 5 -- 50 weeks.

[7]           Schedule 2, subclause 571.223 (2)

substitute

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

                   (a)     the applicant gives the Minister evidence in accordance with the requirements mentioned in Schedule 5A for the highest assessment level for the applicant; and

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

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

                             (ii)   any other relevant matter; and

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

[8]           Schedule 2, clause 571.230

omit

, unless the applicant is a person designated under regulation 2.07AO

[9]           Schedule 2, clause 571.235

substitute

571.235      (1)   If the applicant is subject to assessment level 3, 4 or 5, the aggregate of the period, or periods, of ELICOS that the applicant is seeking to undertake, together with the period, or periods, of any previous ELICOS undertaken as the holder of a Subclass 570, 572, 573, 574, 575 or 576 visa, or any subsequent bridging visa, does not exceed:

                   (a)     for an applicant who is subject to assessment level 3 -- 60 weeks; or

                  (b)     for an applicant who is subject to assessment level 4 or 5 -- 40 weeks.

                   (2)   If the applicant is subject to assessment level 3, 4 or 5, the aggregate of the period, or periods, of ELICOS that the applicant is seeking to undertake, together with the period, or periods, of any previous ELICOS undertaken as the holder of a Subclass 571 visa, or any subsequent bridging visa, does not exceed:

                   (a)     for an applicant who is subject to assessment level 3 -- 60 weeks; or

                  (b)     for an applicant who is subject to assessment level 4 or 5 -- 50 weeks.

[10]         Schedule 2, subparagraph 571.312 (2) (d) (ii)

substitute

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

[11]         Schedule 2, paragraph 571.312 (2) (e)

omit

[12]         Schedule 2, subclause 572.223 (2)

substitute

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

                   (a)     the applicant gives the Minister evidence in accordance with the requirements mentioned in Schedule 5A for the highest assessment level for the applicant; and

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

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

                             (ii)   any other relevant matter; and

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

[13]         Schedule 2, clause 572.230

omit

, unless the applicant is a person designated under regulation 2.07AO

[14]         Schedule 2, clause 572.234

substitute

572.234      (1)   If the applicant is subject to assessment level 3, 4 or 5, the aggregate of the period, or periods, of ELICOS that the applicant is seeking to undertake, together with the period, or periods, of any previous ELICOS undertaken as the holder of a Subclass 570, 572, 573, 574, 575 or 576 visa, or any subsequent bridging visa, does not exceed:

                   (a)     for an applicant who is subject to assessment level 3 -- 60 weeks; or

                  (b)     for an applicant who is subject to assessment level 4 or 5 -- 40 weeks.

                   (2)   If the applicant is subject to assessment level 3, 4 or 5, the aggregate of the period, or periods, of ELICOS that the applicant is seeking to undertake, together with the period, or periods, of any previous ELICOS undertaken as the holder of a Subclass 571 visa, or any subsequent bridging visa, does not exceed:

                   (a)     for an applicant who is subject to assessment level 3 -- 60 weeks; or

                  (b)     for an applicant who is subject to assessment level 4 or 5 -- 50 weeks.

[15]         Schedule 2, subparagraph 572.312 (2) (d) (iii)

substitute

                            (iii)   Subclass 497 (Graduate -- Skilled).

[16]         Schedule 2, paragraph 572.312 (2) (e)

omit

[17]         Schedule 2, Division 573.1, heading

substitute

573.1     Interpretation and preliminary

[18]         Schedule 2, clause 573.111, after definition of course of study , including the note

insert

educational business partner , in relation to an eligible education provider, means an education provider specified as an educational business partner in an instrument made under clause 573.112.

eligible education provider means an education provider specified as an eligible education provider in an instrument made under clause 573.112.

eligible higher degree student means an applicant for a Subclass 573 visa in relation to whom the following apply:

                   (a)     the applicant is enrolled in a principal course of study for the award of:

                              (i)   a bachelor's degree; or

                             (ii)   a masters degree by coursework;

                  (b)     the principal course of study is provided by an eligible education provider;

                   (c)     if the applicant proposes to undertake another course of study before, and for the purposes of, the principal course of study:

                              (i)   the applicant is also enrolled in that course; and

                             (ii)   that course is provided by the eligible education provider or an educational business partner of the eligible education provider.

[19]         Schedule 2, after clause 573.111

insert

573.112      For this Part, the Minister may, by instrument in writing:

                   (a)     specify an education provider as an eligible education provider; and

                  (b)     specify one or more other education providers as educational business partners of the education provider mentioned in paragraph (a).

[20]         Schedule 2, after clause 573.211

insert

573.212      If the applicant is an eligible higher degree student, the applicant must have a confirmation of enrolment in each course of study for which the applicant is an eligible higher degree student.

[21]     Schedule 2, paragraph 573.223 (1) (b)

after

requirements of subclause

insert

 (1A) or

[22]         Schedule 2, subclause 573.223 (2)

substitute

                   (1A)   If the applicant is an eligible higher degree student who has a confirmation of enrolment in each course of study for which the applicant is an eligible higher degree student:

                   (a)     the applicant gives the Minister evidence that the applicant has:

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

                             (ii)   educational qualifications required by the eligible education provider; and

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

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

                             (ii)   any other relevant matter; and

                   (c)     the Minister is satisfied that, while the applicant holds the visa, the applicant will have sufficient funds to meet:

                              (i)   the costs and expenses required to support the applicant during the proposed stay in Australia; and

                             (ii)   the costs and expenses required to support each member (if any) of the applicant's family unit.

                   (2)   If the applicant is not an eligible higher degree student, or does not have a confirmation of enrolment in each course of study for which the applicant is an eligible higher degree student:

                   (a)     the applicant gives the Minister evidence in accordance with the requirements mentioned in Schedule 5A for the highest assessment level for the applicant; and

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

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

                             (ii)   any other relevant matter; and

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

[23]         Schedule 2, clauses 573.230 and 573.231

substitute

573.230      The applicant holds a passport of a kind specified in an instrument made under regulation 1.40.

573.231      If the applicant is not an eligible higher degree student, or does not have a confirmation of enrolment in each course of study for which the applicant is an eligible higher degree student:

                   (a)     the applicant is enrolled in, or is the subject of a current offer of enrolment in, a course of study that is a principal course; and

                  (b)     the principal course is of a type that was specified for Subclass 573 visas by the Minister in an instrument:

                              (i)   made under regulation 1.40A; and

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

[24]         Schedule 2, clause 573.234

substitute

573.234      (1)   If the applicant is subject to assessment level 3, 4 or 5, the aggregate of the period, or periods, of ELICOS that the applicant is seeking to undertake, together with the period, or periods, of any previous ELICOS undertaken as the holder of a Subclass 570, 572, 573, 574, 575 or 576 visa, or any subsequent bridging visa, does not exceed:

                   (a)     for an applicant who is subject to assessment level 3 -- 60 weeks; or

                  (b)     for an applicant who is subject to assessment level 4 or 5 -- 40 weeks.

                   (2)   If the applicant is subject to assessment level 3, 4 or 5, the aggregate of the period, or periods, of ELICOS that the applicant is seeking to undertake, together with the period, or periods, of any previous ELICOS undertaken as the holder of a Subclass 571 visa, or any subsequent bridging visa, does not exceed:

                   (a)     for an applicant who is subject to assessment level 3 -- 60 weeks; or

                  (b)     for an applicant who is subject to assessment level 4 or 5 -- 50 weeks.

[25]         Schedule 2, subparagraph 573.312 (2) (d) (iii)

omit

(Graduate Skilled); or

insert

(Graduate -- Skilled).

[26]         Schedule 2, paragraph 573.312 (2) (e)

omit

[27]         Schedule 2, after subparagraph 573.322 (b) (i)

insert

                            (ia)   the primary person is an eligible higher degree student;

[28]         Schedule 2, Division 574.1, heading

substitute

574.1     Interpretation and preliminary

[29]         Schedule 2, clause 574.111, after definition of course of study , including the note

insert

educational business partner , in relation to an eligible education provider, means an education provider specified as an educational business partner in an instrument made under clause 574.112.

eligible education provider means an education provider specified as an eligible education provider in an instrument made under clause 574.112.

eligible higher degree student means an applicant for a Subclass 574 visa in relation to whom the following apply:

                   (a)     the applicant is enrolled in a principal course of study for the award of:

                              (i)   a masters degree by research; or

                             (ii)   a doctoral degree;

                  (b)     the principal course of study is provided by an eligible education provider;

                   (c)     if the applicant proposes to undertake another course of study before, and for the purposes of, the principal course of study:

                              (i)   the applicant is also enrolled in that course; and

                             (ii)   that course is provided by the eligible education provider or an educational business partner of the eligible education provider.

[30]         Schedule 2, after clause 574.111

insert

574.112      For this Part, the Minister may, by instrument in writing:

                   (a)     specify an education provider as an eligible education provider; and

                  (b)     specify one or more other education providers as educational business partners of the education provider mentioned in paragraph (a).

[31]         Schedule 2, after clause 574.211

insert

574.212      If the applicant is an eligible higher degree student, the applicant must have a confirmation of enrolment in each course of study for which the applicant is an eligible higher degree student.

[32]     Schedule 2, paragraph 574.223 (1) (b)

after

requirements of

insert

subclause (1A) or

[33]         Schedule 2, subclause 574.223 (2)

substitute

                   (1A)   If the applicant is an eligible higher degree student who has a confirmation of enrolment in each course of study for which the applicant is an eligible higher degree student:

                   (a)     the applicant gives the Minister evidence that the applicant has:

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

                             (ii)   educational qualifications required by the eligible education provider; and

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

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

                             (ii)   any other relevant matter; and

                   (c)     the Minister is satisfied that, while the applicant holds the visa, the applicant will have sufficient funds to meet:

                              (i)   the costs and expenses required to support the applicant during the proposed stay in Australia; and

                             (ii)   the costs and expenses required to support each member (if any) of the applicant's family unit.

                   (2)   If the applicant is not an eligible higher degree student, or does not have a confirmation of enrolment in each course of study for which the applicant is an eligible higher degree student:

                   (a)     the applicant gives the Minister evidence in accordance with the requirements mentioned in Schedule 5A for the highest assessment level for the applicant; and

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

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

                             (ii)   any other relevant matter; and

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

[34]         Schedule 2, clauses 574.230 and 574.231

substitute

574.230      The applicant holds a passport of a kind specified in an instrument made under regulation 1.40.

574.231      If the applicant is not an eligible higher degree student, or does not have a confirmation of enrolment in each course of study for which the applicant is an eligible higher degree student:

                   (a)     the applicant is enrolled in, or is the subject of a current offer of enrolment in, a course of study that is a principal course; and

                  (b)     the principal course is of a type that was specified for Subclass 574 visas by the Minister in an instrument:

                              (i)   made under regulation 1.40A; and

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

[35]         Schedule 2, clause 574.234

substitute

574.234      (1)   If the applicant is subject to assessment level 3, 4 or 5, the aggregate of the period, or periods, of ELICOS that the applicant is seeking to undertake, together with the period, or periods, of any previous ELICOS undertaken as the holder of a Subclass 570, 572, 573, 574, 575 or 576 visa, or any subsequent bridging visa, does not exceed:

                   (a)     for an applicant who is subject to assessment level 3 -- 60 weeks; or

                  (b)     for an applicant who is subject to assessment level 4 or 5 -- 40 weeks.

                   (2)   If the applicant is subject to assessment level 3, 4 or 5, the aggregate of the period, or periods, of ELICOS that the applicant is seeking to undertake, together with the period, or periods, of any previous ELICOS undertaken as the holder of a Subclass 571 visa, or any subsequent bridging visa, does not exceed:

                   (a)     for an applicant who is subject to assessment level 3 -- 60 weeks; or

                  (b)     for an applicant who is subject to assessment level 4 or 5 -- 50 weeks.

[36]         Schedule 2, subparagraph 574.312 (2) (d) (iii)

omit

(Graduate Skilled); or

insert

(Graduate -- Skilled).

[37]         Schedule 2, paragraph 574.312 (2) (e)

omit

[38]         Schedule 2, after subparagraph 574.322 (b) (i)

insert

                            (ia)   the primary person is an eligible higher degree student;

[39]         Schedule 2, Division 575.1, heading

substitute

575.1     Interpretation and preliminary

[40]         Schedule 2, clause 575.111, after definition of course of study , including the note

insert

eligible education provider means an education provider specified as an eligible education provider in an instrument made under clause 575.112.

eligible university exchange student means an applicant for a Subclass 575 visa in relation to whom the following apply:

                   (a)     the applicant is enrolled in a full-time course of study that is not leading to an award;

                  (b)     the course of study is not an ELICOS;

                   (c)     the course of study is provided by an eligible education provider;

                  (d)     the course of study is part of:

                              (i)   a formal exchange program; or

                             (ii)   a study abroad program.

[41]         Schedule 2, after clause 575.111

insert

575.112      For this Part, the Minister may, by instrument in writing, specify an education provider as an eligible education provider.

[42]         Schedule 2, after clause 575.211

insert

575.212      If the applicant is an eligible university exchange student, the applicant must have a confirmation of enrolment in the course of study for which the applicant is an eligible university exchange student.

[43]     Schedule 2, paragraph 575.223 (1) (b)

after

requirements of subclause

insert

 (1A) or

[44]         Schedule 2, subclause 575.223 (2)

substitute

                   (1A)   If the applicant is an eligible university exchange student who has a confirmation of enrolment in the course of study for which the applicant is an eligible university exchange student:

                   (a)     the applicant gives the Minister evidence that the applicant has:

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

                             (ii)   educational qualifications required by the eligible education provider; and

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

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

                             (ii)   any other relevant matter; and

                   (c)     the Minister is satisfied that, while the applicant holds the visa, the applicant will have sufficient funds to meet:

                              (i)   the costs and expenses required to support the applicant during the proposed stay in Australia; and

                             (ii)   the costs and expenses required to support each member (if any) of the applicant's family unit.

                   (2)   If the applicant is not an eligible university exchange student, or does not have a confirmation of enrolment in the course of study for which the applicant is an eligible university exchange student:

                   (a)     the applicant gives the Minister evidence in accordance with the requirements mentioned in Schedule 5A for the highest assessment level for the applicant; and

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

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

                             (ii)   any other relevant matter; and

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

[45]         Schedule 2, clause 575.231

substitute

575.231      If the applicant is not an eligible university exchange student, or does not have a confirmation of enrolment in the course of study for which the applicant is an eligible university exchange student:

                   (a)     the applicant is enrolled in, or is the subject of a current offer of enrolment in, a course of study that is a principal course; and

                  (b)     the principal course is of a type that was specified for Subclass 575 visas by the Minister in an instrument:

                              (i)   made under regulation 1.40A; and

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

[46]         Schedule 2, clause 575.234

substitute

575.234      (1)   If the applicant is subject to assessment level 3, 4 or 5, the aggregate of the period, or periods, of ELICOS that the applicant is seeking to undertake, together with the period, or periods, of any previous ELICOS undertaken as the holder of a Subclass 570, 572, 573, 574, 575 or 576 visa, or any subsequent bridging visa, does not exceed:

                   (a)     for an applicant who is subject to assessment level 3 -- 60 weeks; or

                  (b)     for an applicant who is subject to assessment level 4 or 5 -- 40 weeks.

                   (2)   If the applicant is subject to assessment level 3, 4 or 5, the aggregate of the period, or periods, of ELICOS that the applicant is seeking to undertake, together with the period, or periods, of any previous ELICOS undertaken as the holder of a Subclass 571 visa, or any subsequent bridging visa, does not exceed:

                   (a)     for an applicant who is subject to assessment level 3 -- 60 weeks; or

                  (b)     for an applicant who is subject to assessment level 4 or 5 -- 50 weeks.

[47]         Schedule 2, after subparagraph 575.322 (b) (i)

insert

                            (ia)   the primary person is an eligible university exchange student;

[48]         Schedule 2, clause 576.232

substitute

576.232      (1)   If the applicant is subject to assessment level 5, the aggregate of the period, or periods, of ELICOS that the applicant is seeking to undertake, together with the period, or periods, of any previous ELICOS undertaken as the holder of a Subclass 570, 572, 573, 574, 575 or 576 visa, or any subsequent bridging visa, does not exceed 40 weeks.

                   (2)   If the applicant is subject to assessment level 5, the aggregate of the period, or periods, of ELICOS that the applicant is seeking to undertake, together with the period, or periods, of any previous ELICOS undertaken as the holder of a Subclass 571 visa, or any subsequent bridging visa, does not exceed 50 weeks.

[49]         Schedule 2, clause 580.114

omit

subclause 580.226 (5):

insert

subclauses 580.226 (5) and (6):

[50]         Schedule 2, subparagraph 580.211 (2) (d) (iii)

substitute

                            (iii)   Subclass 497 (Graduate -- Skilled).

[51]         Schedule 2, paragraph 580.211 (2) (e)

omit

[52]         Schedule 2, paragraph 580.226 (1) (b)

omit

or (1B)

[53]         Schedule 2, paragraph 580.226 (1A) (a)

omit

[54]         Schedule 2, paragraph 580.226 (1A) (b)

omit

(4) or (5);

insert

(4), (5) or (6);

[55]         Schedule 2, paragraph 580.226 (1A) (d)

omit

(4) or (5).

insert

(4), (5) or (6).

[56]         Schedule 2, subclause 580.226 (1B)

omit

[57]         Schedule 2, after subclause 580.226 (5)

insert

                   (6)   If the nominating student was, at the time his or her visa was granted, an eligible higher degree student within the meaning of Part 573 or 574 or an eligible university exchange student within the meaning of Part 575:

                   (a)     the evidence for paragraph (1A) (b) is:

                              (i)   evidence that the applicant has funds from an acceptable source that are sufficient to meet living costs for the first 12 months; and

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

                            (iii)   a declaration by the applicant stating that he or she has access to funds from an acceptable source that are sufficient to meet living costs for the remainder of the full period; and

                  (b)     the Minister must be satisfied that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.

[58]         Schedule 2, subparagraph 580.311 (2) (d) (iii)

substitute

                            (iii)   Subclass 497 (Graduate -- Skilled).

[59]         Schedule 2, paragraph 580.311 (2) (e)

omit

[60]         Schedule 5A, after subclause 5A301 (1)

insert

      (1A)   An applicant who:

                (a)    is not a secondary exchange student; and

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

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

[61]         Schedule 5A, subclause 5A304 (1)

substitute

         (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.

[62]         Schedule 5A, subclause 5A304 (2)

omit

30 weeks.

insert

50 weeks.

[63]         Schedule 5A, subclauses 5A304 (3) to (10)

omit

[64]         Schedule 5A, subclause 5A307 (2)

omit

40 weeks.

insert

50 weeks.

[65]         Schedule 5B, paragraph 5B201 (2) (d)

omit

36 months.

insert

24 months.

[66]         Schedule 8, clause 8201

substitute

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

  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



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