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Higher Education Support Act 2003
44Citizenship or residency requirements
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44 Citizenship or residency requirements
(1) The citizenship or residency requirements for *VET FEE‑HELP assistance for a *VET unit of study are that the student in question is:
(b) a *permanent humanitarian visa holder who will be resident in Australia for the duration of the unit; or
(c) a student to whom subclause (3) applies.
(2) In determining, for the purpose of paragraph (1)(b), whether the student will be resident in Australia for the duration of the unit, disregard any period of residence outside Australia that:
(a) cannot reasonably be regarded as indicating an intention to reside outside Australia for the duration of the unit; or
(3) This subclause applies to a student who:
(a) is a New Zealand citizen; and
(b) holds a special category visa under the Migration Act 1958; and
(i) first began to be usually resident in Australia at least 10 years before the day referred to in subclause (4) (the test day); and
(d) has been in Australia for a period of, or for periods totalling, 8 years during the 10 years immediately before the test day; and
(e) has been in Australia for a period of, or for periods totalling, 18 months during the 2 years immediately before the test day.
(4) For the purposes of subclause (3), the day is the earlier of:
(a) if the student has previously made a successful *request for Commonwealth assistance under this Part for a *VET unit of study that formed part of the same *VET course of study—the day the student first made such a request; or