(d) Application by a person claiming to be a member of the family unit of a person who is an applicant for a student visa may be made at the same time and place as, and combined with, the application by that person.
[17] Schedule 1, subitem 1222 (4)
omit
574 Masters and Doctorate Sector
575 Non-award Foundation/Other Sector
574 Postgraduate Research Sector
575 Non-Award Sector
[18] Schedule 2, Division 570.1
570.1 Interpretation
570.111 In this Part:
Note foreign country is defined in paragraph 22 (1) (f) of the Acts Interpretation Act 1901 as any country (whether or not an independent sovereign state) outside Australia and the external Territories.
[19] Schedule 2, clause 570.229
570.229 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, 571, 572, 573, 574, 575 or 576 visa, or any subsequent bridging visa, does not exceed:
[20] Schedule 2, clause 570.232
omit
[21] Schedule 2, subclause 570.321 (1)
omit
570.331.
570.332.
[22] Schedule 2, subparagraph 570.321 (2) (b) (ii)
omit
570.331.
570.332.
[23] Schedule 2, after clause 570.331
570.332 (1) If the applicant:
the applicant must give evidence, in accordance with Schedule 5B, for the assessment level to which the primary person was subject at the time of the decision in relation to the primary person.
(a) is the holder of a Subclass 570 visa, granted on or after 1 December 2003 on the basis of satisfying the primary criteria in Division 570.2; and
(ii) 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, were to be met by:
(A) a provincial or state government in a foreign country, with the written support of the government of that country; or
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.
(a) is the holder of a Subclass 570 visa, granted on or after 1 December 2003 on the basis of satisfying the primary criteria in Division 570.2; and
(ii) 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, were to be met by:
(A) a provincial or state government in a foreign country, with the written support of the government of that country; or
[24] Schedule 2, paragraph 570.611 (1) (a)
[25] Schedule 2, subparagraph 570.616 (1) (a) (i)
[26] Schedule 2, Division 571.1
571.1 Interpretation
571.111 In this Part:
Note foreign country is defined in paragraph 22 (1) (f) of the Acts Interpretation Act 1901 as any country (whether or not an independent sovereign state) outside Australia and the external Territories.
[27] Schedule 2, subclause 571.221 (1)
omit
[28] Schedule 2, subparagraph 571.221 (2) (b) (ii)
omit
[29] Schedule 2, subparagraph 571.221 (3) (b) (ii)
omit
[30] Schedule 2, clause 571.231
omit
, 4 or 5
[31] Schedule 2, clause 571.232
omit
[32] Schedule 2, after clause 571.234
571.235 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, 571, 572, 573, 574, 575 or 576 visa, or any subsequent bridging visa, does not exceed:
571.236 If the applicant is not a secondary exchange student, the year or level of school study that the applicant intends to undertake must not be a year or level that is more than 18 months below a year or level that the applicant has previously undertaken in Australia or another country.
[33] Schedule 2, subclause 571.321 (1)
omit
571.331.
571.332.
[34] Schedule 2, subparagraph 571.321 (2) (b) (ii)
omit
571.331.
571.332.
[35] Schedule 2, after clause 571.331
571.332 (1) If the applicant:
the applicant must give evidence, in accordance with Schedule 5B, for the assessment level to which the primary person was subject at the time of the decision in relation to the primary person.
(a) is the holder of a Subclass 571 visa, granted on or after 1 December 2003 on the basis of satisfying the primary criteria in Division 571.2; and
(ii) 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, were to be met by:
(A) a provincial or state government in a foreign country, with the written support of the government of that country; or
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.
(a) is the holder of a Subclass 571 visa, granted on or after 1 December 2003 on the basis of satisfying the primary criteria in Division 571.2; and
(ii) 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, were to be met by:
(A) a provincial or state government in a foreign country, with the written support of the government of that country; or
[36] Schedule 2, paragraph 571.611 (1) (a)
[37] Schedule 2, subparagraph 571.613 (1) (a) (i)
[38] Schedule 2, Division 572.1
572.1 Interpretation
572.111 In this Part:
Note foreign country is defined in paragraph 22 (1) (f) of the Acts Interpretation Act 1901 as any country (whether or not an independent sovereign state) outside Australia and the external Territories.
[39] Schedule 2, subclause 572.221 (1)
omit
[40] Schedule 2, subparagraph 572.221 (2) (b) (ii)
omit
[41] Schedule 2, subparagraph 572.221 (3) (b) (ii)
omit
[42] Schedule 2, clause 572.231
omit
[43] Schedule 2, after clause 572.233
572.234 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, 571, 572, 573, 574, 575 or 576 visa, or any subsequent bridging visa, does not exceed:
[44] Schedule 2, subclause 572.321 (1)
omit
572.331.
572.332.
[45] Schedule 2, subparagraph 572.321 (2) (b) (ii)
omit
572.331.
572.332.
[46] Schedule 2, after clause 572.331
572.332 (1) If the applicant:
the applicant must give evidence, in accordance with Schedule 5B, for the assessment level to which the primary person was subject at the time of the decision in relation to the primary person.
(a) is the holder of a Subclass 572 visa, granted on or after 1 December 2003 on the basis of satisfying the primary criteria in Division 572.2; and
(ii) 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, were to be met by:
(A) a provincial or state government in a foreign country, with the written support of the government of that country; or
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.
(a) is the holder of a Subclass 572 visa, granted on or after 1 December 2003 on the basis of satisfying the primary criteria in Division 572.2; and
(ii) 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, were to be met by:
(A) a provincial or state government in a foreign country, with the written support of the government of that country; or
[47] Schedule 2, paragraph 572.611 (1) (a)
[48] Schedule 2, subparagraph 572.616 (1) (a) (i)
[49] Schedule 2, Division 573.1
573.1 Interpretation
573.111 In this Part:
Note foreign country is defined in paragraph 22 (1) (f) of the Acts Interpretation Act 1901 as any country (whether or not an independent sovereign state) outside Australia and the external Territories.
[50] Schedule 2, paragraph 573.211 (4) (a)
(a) the applicant is the holder of:
(i) a Subclass 560, 562 or 573 visa that is subject to condition 8101; or
(ii) a Subclass 574 visa that is subject to condition 8101 and was granted on the basis that the applicant proposed to commence, or had commenced, as a principal course, a course of study for the award of a masters degree by coursework; and
[51] Schedule 2, paragraph 573.211 (5) (a)
(a) the applicant is the holder of:
(i) a Subclass 560, 562 or 573 visa that is subject to condition 8206; or
(ii) a Subclass 574 visa that is subject to condition 8206 and was granted on the basis that the applicant proposed to commence, or had commenced, as a principal course, a course of study for the award of a masters degree by coursework; and
[52] Schedule 2, subclause 573.221 (1)
omit
[53] Schedule 2, subparagraph 573.221 (2) (b) (ii)
omit
[54] Schedule 2, subparagraph 573.221 (3) (b) (ii)
omit
[55] Schedule 2, clause 573.231
omit
[56] Schedule 2, after clause 573.233
573.234 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, 571, 572, 573, 574, 575 or 576 visa, or any subsequent bridging visa, does not exceed:
[57] Schedule 2, paragraph 573.312 (4) (a)
(a) the applicant is the holder of a Subclass 560, 563, 573 or 574 visa that:
(i) for a holder of a Subclass 574 visa — was granted on the basis that:
(A) the applicant was a member of the family unit of a person (the primary person) who satisfied the primary criteria in Division 574.2; and
(B) the primary person proposed to commence, or had commenced, as a principal course, a course of study for the award of a masters degree by coursework; and
(ii) for all holders — is subject to condition 8101 or 8104; and
[58] Schedule 2, paragraph 573.312 (4) (c)
omit
[59] Schedule 2, paragraph 573.312 (4) (d)
omit
[60] Schedule 2, paragraph 573.312 (5) (b)
(b) the applicant is a member of the family unit of a person (the primary person) who:
(i) holds a Subclass 560, 562 or 573 visa, having satisfied the primary criteria for that visa; or
(ii) holds a Subclass 574 visa that was granted on the basis that the primary person proposed to commence, or had commenced, as a principal course, a course of study for the award of a masters degree by coursework.
[61] Schedule 2, subclause 573.321 (1)
omit
573.331.
573.332.
[62] Schedule 2, subparagraph 573.321 (2) (b) (ii)
omit
573.331.
573.332.
[63] Schedule 2, after clause 573.331
573.332 (1) If the applicant:
the applicant must give evidence, in accordance with Schedule 5B, for the assessment level to which the primary person was subject at the time of the decision in relation to the primary person.
(a) is:
(i) the holder of a Subclass 573 visa, granted on or after 1 December 2003 on the basis of satisfying the primary criteria in Division 573.2; or
(ii) the holder of a Subclass 574 visa, granted:
(A) on or after 1 December 2003; and
(B) on the basis of satisfying the primary criteria in Division 574.2; and
(C) on the basis that the primary person proposed to commence, or had commenced, as a principal course, a course of study for the award of a masters degree by coursework; and
(ii) 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, were to be met by:
(A) a provincial or state government in a foreign country, with the written support of the government of that country; or
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.
(a) is:
(i) the holder of a Subclass 573 visa, granted on or after 1 December 2003 on the basis of satisfying the primary criteria in Division 573.2; or
(ii) the holder of a Subclass 574 visa, granted:
(A) on or after 1 December 2003; and
(B) on the basis of satisfying the primary criteria in Division 574.2; and
(C) on the basis that the primary person proposed to commence, or had commenced, as a principal course, a course of study for the award of a masters degree by coursework; and
(ii) 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, were to be met by:
(A) a provincial or state government in a foreign country, with the written support of the government of that country; or
[64] Schedule 2, paragraph 573.611 (1) (a)
[65] Schedule 2, subparagraph 573.616 (1) (a) (i)
[66] Schedule 2, subclause 573.617 (1)
omit
[67] Schedule 2, subparagraph 573.617 (1) (b) (i)
omit
[68] Schedule 2, subclause 573.617 (2)
omit
[69] Schedule 2, after subclause 573.617 (2)
(3) Conditions 8101 and 8104 are not imposed on a visa granted to an applicant (the secondary applicant) who satisfies the secondary criteria as a member of the family unit of an applicant (the primary applicant) who satisfies the primary criteria for a Subclass 560, 562, 573 or 574 visa:
(a) if:
(i) the application was made in Australia; and
(ii) at the time of application, the secondary applicant was the holder of a Subclass 560, 563, 573 or 574 visa that was not subject to condition 8101, 8104 or 8105; and
(iii) the primary applicant has commenced a course of study for the award of a masters degree by coursework; and
(iv) the primary applicant is continuing that course of study; or
(i) the application was made in Australia; and
(ii) the secondary applicant meets the requirements of subclause 573.312 (4); and
(iii) the primary applicant has commenced a course of study for the award of a masters degree by coursework; and
(iv) the primary applicant is continuing that course of study.
[70] Schedule 2, Part 574, heading
Subclass 574 Postgraduate Research Sector
[71] Schedule 2, Division 574.1
574.1 Interpretation
574.111 In this Part:
Note foreign country is defined in paragraph 22 (1) (f) of the Acts Interpretation Act 1901 as any country (whether or not an independent sovereign state) outside Australia and the external Territories.
[72] Schedule 2, subclause 574.221 (1)
omit
[73] Schedule 2, subparagraph 574.221 (2) (b) (ii)
omit
[74] Schedule 2, subparagraph 574.221 (3) (b) (ii)
omit
[75] Schedule 2, clause 574.231
omit
[76] Schedule 2, after clause 574.233
574.234 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, 571, 572, 573, 574, 575 or 576 visa, or any subsequent bridging visa, does not exceed:
[77] Schedule 2, paragraph 574.312 (4) (a)
[78] Schedule 2, subclause 574.321 (1)
omit
574.331.
574.332.
[79] Schedule 2, subparagraph 574.321 (2) (b) (ii)
omit
574.331.
574.332.
[80] Schedule 2, after clause 574.331
574.332 (1) If the applicant:
the applicant must give evidence, in accordance with Schedule 5B, for the assessment level to which the primary person was subject at the time of the decision in relation to the primary person.
(a) is the holder of a Subclass 574 visa, granted on or after 1 December 2003 on the basis of satisfying the primary criteria in Division 574.2; and
(ii) 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, were to be met by:
(A) a provincial or state government in a foreign country, with the written support of the government of that country; or
(B) an organisation specified by the Minister in a Gazette Notice for this paragraph; or
(iii) the holder of an International Postgraduate Research Scholarship funded by the Commonwealth Government.
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.
(a) is the holder of a Subclass 574 visa, granted on or after 1 December 2003 on the basis of satisfying the primary criteria in Division 574.2; and
(ii) 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, were to be met by:
(A) a provincial or state government in a foreign country, with the written support of the government of that country; or
(B) an organisation specified by the Minister in a Gazette Notice for this paragraph; or
(iii) the holder of an International Postgraduate Research Scholarship funded by the Commonwealth Government.
[81] Schedule 2, paragraph 574.611 (1) (a)
[82] Schedule 2, subparagraph 574.616 (1) (a) (i)
[83] Schedule 2, paragraph 574.616 (1) (d)
omit
clause 574.617,
clauses 574.617 and 574.618,
[84] Schedule 2, clause 574.617
574.617 Conditions 8101 and 8104 are not imposed on a student visa granted to a person (the secondary applicant) who satisfies the secondary criteria as a member of the family unit of a person (the primary person) who satisfies the primary criteria for a Subclass 574 visa:
(a) if the application was made in Australia, and the secondary applicant is the holder of a Subclass 560, 563 or 574 visa that is not subject to condition 8101, 8104 or 8105; or
(i) the application was made in Australia, and the secondary applicant meets the requirements of subclause 574.312 (4); and
(ii) the primary person has commenced a course of study for the award of a masters or a doctorate degree.
574.618 Subject to clause 574.617, condition 8104 is imposed on a student visa granted to an applicant (the secondary applicant) who satisfies the secondary criteria as a member of the family unit of another person (the primary person) if:
(a) the application was made in Australia and, at the time of application, the secondary applicant was the holder of a student visa that was subject to condition 8104; or
(b) the application was made in Australia and:
(i) at the time of application, the secondary applicant was the holder of a Subclass 560, 563 or 574 visa; and
(ii) the secondary applicant meets the requirements of subclause 574.312 (4).
[85] Schedule 2, Part 575, heading
Subclass 575 Non-Award Sector
[86] Schedule 2, Division 575.1
575.1 Interpretation
575.111 In this Part:
Note foreign country is defined in paragraph 22 (1) (f) of the Acts Interpretation Act 1901 as any country (whether or not an independent sovereign state) outside Australia and the external Territories.
[87] Schedule 2, subclause 575.221 (1)
omit
[88] Schedule 2, subparagraph 575.221 (2) (b) (ii)
omit
[89] Schedule 2, subparagraph 575.221 (3) (b) (ii)
omit
[90] Schedule 2, clause 575.231
omit
[91] Schedule 2, after clause 575.233
575.234 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, 571, 572, 573, 574, 575 or 576 visa, or any subsequent bridging visa, does not exceed:
[92] Schedule 2, subclause 575.321 (1)
omit
575.331.
575.332.
[93] Schedule 2, subparagraph 575.321 (2) (b) (ii)
omit
575.331.
575.332.
[94] Schedule 2, after clause 575.331
575.332 (1) If the applicant:
the applicant must give evidence, in accordance with Schedule 5B, for the assessment level to which the primary person was subject at the time of the decision in relation to the primary person.
(a) is the holder of a Subclass 575 visa, granted on or after 1 December 2003 on the basis of satisfying the primary criteria in Division 575.2; and
(ii) 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, were to be met by:
(A) a provincial or state government in a foreign country, with the written support of the government of that country; or
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.
(a) is the holder of a Subclass 575 visa, granted on or after 1 December 2003 on the basis of satisfying the primary criteria in Division 575.2; and
(ii) 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, were to be met by:
(A) a provincial or state government in a foreign country, with the written support of the government of that country; or
[95] Schedule 2, paragraph 575.611 (1) (a)
[96] Schedule 2, subparagraph 575.616 (1) (a) (i)
[97] Schedule 2, Division 576.1
576.1 Interpretation
576.111 In this Part:
Note foreign country is defined in paragraph 22 (1) (f) of the Acts Interpretation Act 1901 as any country (whether or not an independent sovereign state) outside Australia and the external Territories.
[98] Schedule 2, subclause 576.221 (1)
omit
[99] Schedule 2, subparagraph 576.221 (2) (b) (ii)
omit
[100] Schedule 2, subparagraph 576.221 (3) (b) (ii)
omit
[101] Schedule 2, after clause 576.231
576.232 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, 571, 572, 573, 574, 575 or 576 visa, or any subsequent bridging visa, does not exceed 40 weeks.
[102] Schedule 2, paragraph 576.312 (4) (a)
[103] Schedule 2, subclause 576.321 (1)
omit
576.332.
576.333.
[104] Schedule 2, subparagraph 576.321 (2) (b) (ii)
omit
576.332.
576.333.
[105] Schedule 2, clause 576.326
omit
[106] Schedule 2, after clause 576.332
576.333 (1) If:
(a) the applicant is a member of the family unit of a person (the primary person) who is the holder of a Subclass 576 visa, granted on or after 1 December 2003 on the basis of satisfying the primary criteria in Subdivision 576.21; and
(b) the primary person was subject to assessment level 2 at the time of the decision to grant the visa; and
(c) the applicant was not included in the application for a student visa made by the primary person;
the applicant must give evidence in accordance with Schedule 5B for assessment level 2.
(2) If the applicant meets subclause (1), the Minister must also 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.
(3) Conditions 8101 and 8104 are not imposed on a visa granted to an applicant (the secondary applicant) who satisfies the secondary criteria as a member of the family unit of another person (the primary person) who satisfies the primary criteria for a Subclass 576 visa:
(a) if:
(i) the application is made in Australia; and
(ii) at the time of application, the secondary applicant was the holder of a Subclass 560, 563 or 576 visa that was not subject to condition 8101, 8104 or 8105; and
(iii) the primary person has commenced a course of study for the award of a masters or doctorate degree; and
(iv) the primary person is continuing that course of study; or
(i) the application is made in Australia; and
(ii) the secondary applicant meets the requirements of subclause 576.312 (4); and
(iii) the primary person has commenced a course of study for the award of a masters or doctorate degree; and
(iv) the primary person is continuing that course of study.
[112] Schedule 5A, clause 5A101, definition of first 12 months, subparagraph (a) (i)
omit
Australia; and
Australia; or
[113] Schedule 5A, clause 5A101, after definition of first 12 months
first 24 months, for an applicant, means the period that:
(ii) if the application is made in Australia — on the day that the student visa is expected to be granted to the applicant; and
(i) the day 24 months after the beginning of the period;
first 36 months, for an applicant, means the period that:
(ii) if the application is made in Australia — on the day that the student visa is expected to be granted to the applicant; and
(i) the day 36 months after the beginning of the period;
[114] Schedule 5A, clause 5A101, after definition of fully funded
foundation course means a course that is registered at the level of foundation studies.
[115] Schedule 5A, clause 5A101, definition of value
omit
[116] Schedule 5A, paragraph 5A103 (1) (b)
omit
a government
the government
[117] Schedule 5A, clause 5A104
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, 3 or 4, 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 by the Minister in a Gazette Notice for this clause; or(c) the holder of an International Postgraduate Research Scholarship funded by the Commonwealth Government
(a) $12 000 per year (the basic rate); and(b) if the applicant has a spouse 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 or 4; 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(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
(a) $12 000 per year (the basic rate); and(b) if the applicant has a spouse 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
3
Applicant who:(a) is subject to assessment level 2; and(b) has the support of the AusAID Minister or the Defence Minister
(a) $12 000 per year (the basic rate); and(b) if the applicant has a spouse 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) $12 000 per year (the basic rate); and(b) if the applicant has a spouse — 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, 3 or 4, 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 by the Minister in a Gazette Notice 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 or 4; and(b) who is not funded, wholly or partly, by:(i) the Commonwealth Government, or the government of a State or Territory; or(ii) the government of a foreign country; or(iii) a multilateral agency; and(c) who proposes to undertake a course of study that is, or courses of study that are together, of a duration of less than 12 months; and
$8 000 per year for each child who is:(a) a school-age dependant at the time; and(b) a family applicant
(d) for whom, if applying in Australia, the proposed period of stay will result in the applicant’s total period of lawful stay in Australia being less than 12 months
3
Applicant who:(a) is subject to assessment level 2; and(b) has the support of the AusAID 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)
[118] Schedule 5A, clause 5A105
omit
[119] Schedule 5A, subclause 5A205 (1)
omit
[120] Schedule 5A, paragraph 5A205 (1) (a)
omit
[121] Schedule 5A, after paragraph 5A205 (1) (a)
(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 36 months; and
[122] Schedule 5A, after subclause 5A205 (1)
(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
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.
[124] Schedule 5A, subclause 5A205 (2), definition of acceptable individual, after paragraph (e)
[125] Schedule 5A, subclause 5A205 (2), after definition of acceptable individual
(ii) is awarded to a student who is enrolled in a course leading to a Certificate IV qualification or a higher qualification; and
(iii) the applicant’s proposed studies will be credited to a course undertaken by the applicant in the applicant’s home country.
[126] Schedule 5A, subclause 5A205 (2), definition of funds from an acceptable source, paragraph (b)
omit
[127] Schedule 5A, subclause 5A205 (2), definition of funds from an acceptable source, subparagraph (b) (iii)
omit
[128] Schedule 5A, subclause 5A205 (2), definition of funds from an acceptable source, after subparagraph (b) (iii)
(iv) the applicant’s proposed education provider; or
(v) a provincial or state government in a foreign country, provided with the written support of the government of that country; or
(vi) an organisation specified by the Minister in a Gazette Notice for this subparagraph;
[129] Schedule 5A, subclause 5A205 (2), definition of funds from an acceptable source, after paragraph (b)
[130] Schedule 5A, subclause 5A208 (1)
omit
[131] Schedule 5A, paragraph 5A208 (1) (a)
omit
[132] Schedule 5A, after paragraph 5A208 (1) (a)
(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 24 months; and
[133] Schedule 5A, after subclause 5A208 (1)
(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
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.
[134] Schedule 5A, subclause 5A208 (2), definition of acceptable individual
(ii) is awarded to a student who is enrolled in a course leading to a Certificate IV qualification or a higher qualification; and
(iii) the applicant’s proposed studies will be credited to a course undertaken by the applicant in the applicant’s home country.
[135] Schedule 5A, subclause 5A208 (2), definition of funds from an acceptable source, paragraph (a)
omit
an acceptable individual
the applicant, or an individual who is providing support to the applicant,
[136] Schedule 5A, subclause 5A208 (2), definition of funds from an acceptable source, paragraph (b)
omit
[137] Schedule 5A, subclause 5A208 (2), definition of funds from an acceptable source, paragraph (d)
omit
[138] Schedule 5A, subclause 5A208 (2), definition of funds from an acceptable source, subparagraph (d) (iv)
omit
[139] Schedule 5A, subclause 5A208 (2), definition of funds from an acceptable source, after subparagraph (d) (iv)
(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
[140] Schedule 5A, subclause 5A211 (1)
omit
[141] Schedule 5A, paragraph 5A211 (1) (c)
(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.
[142] Schedule 5A, subclause 5A211 (2)
(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
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.
[143] Schedule 5A, clause 5A303
omit
(1) If the applicant
[144] Schedule 5A, paragraph 5A303 (d)
(d) he or she was, or will be:
(i) if proposing to undertake year 9 studies — less than 17 years old when commencing Year 9; and
(ii) if proposing to undertake year 10 studies — less than 18 years old when commencing Year 10; and
(iii) if proposing to undertake year 11 studies — less than 19 years old when commencing Year 11; and
(iv) if proposing to undertake year 12 studies — less than 20 years old when commencing Year 12.
[145] Schedule 5A, clause 5A303
(2) The applicant must not undertake studies at the year 8 level or lower unless he or she is a secondary exchange student.
[146] Schedule 5A, clause 5A304
5A304 English language proficiency
(1) An applicant:
(a) who is a secondary exchange student; or
(b) who is in Australia at time of application; or
(c) who is:
(i) outside Australia at time of application; and
(ii) less that 16 years old at time of application; or
(d) who:
(i) applies before 1 April 2004; and
(ii) is outside Australia at time of application; and
(iii) is at least 16 years old at time of application; or
(e) who has undertaken at least 5 years of study in English in 1 or more of the following countries:
(i) Australia;
(ii) Canada;
(iii) New Zealand;
(iv) South Africa;
(v) the Republic of Ireland;
(vi) the United Kingdom;
(vii) the United States of America;
must give evidence that he or she has a level of English language proficiency that satisfies his or her proposed education provider.
(2) 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 30 weeks.
(3) An applicant:
(a) to whom subclause (1) does not apply; and
(b) who is not undertaking an ELICOS (or other English language tuition) before commencing his or her principal course;
must give evidence that he or she achieved, in an IELTS test that was taken less than 2 years before the time of making the decision on 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 Gazette Notice for clause 5A102.
(4) An applicant:
(a) to whom subclause (1) does not apply; and
(b) is undertaking an ELICOS (or other English language tuition) before commencing his or her principal course;
must give evidence that he or she achieved, in an IELTS test that was taken less than 2 years before the time of making the decision on the application, an Overall Band Score of at least 4.0 or the required score in an English language proficiency test that is specified in a Gazette Notice for clause 5A102.
(5) The Minister may waive the requirements of subclause (3) or (4).
(6) If the Minister proposes to waive the requirements of subclause (3) or (4) in relation to an application made by a PRC applicant, the Minister must be satisfied of the matters in subclause (7) or (8).
(7) For subclause (6), the Minister:
(a) must be satisfied that:
(i) the PRC applicant has achieved satisfactory results in an English language proficiency test conducted under appropriate test conditions, other than:
(A) an IELTS test; or
(B) an English language proficiency test that is specified in a Gazette Notice for clause 5A102; and
(ii) the PRC applicant has a written statement from the education provider of the PRC applicant’s proposed principal course, supporting the waiver of the requirements of the subclause; or
(b) must be satisfied that:
(i) the PRC applicant has been accepted into the academic stream in the senior secondary school system of the PRC; and
(ii) the PRC applicant has achieved a result of at least 75% in English language studies for the PRC applicant’s Certificate of Graduation from Junior Secondary School; and
(iii) the PRC applicant has a written statement from the education provider of the PRC applicant’s proposed principal course, supporting the waiver of the requirements of the subclause.
(8) For subclause (6), the Minister:
(a) must be satisfied that:
(i) the PRC applicant has achieved satisfactory results in an English language proficiency test conducted under appropriate test conditions, other than:
(A) an IELTS test; or
(B) an English language proficiency test that is specified in a Gazette Notice for clause 5A102; and
(ii) the application was made by a PRC applicant, and lodged by an agent of the education provider; and
(iii) the education provider has nominated the agent to represent the provider; and
(iv) the agent and the education provider have a written agreement under which the agent represents the provider; and
(v) the agent has lodged at least 10 applications made by PRC applicants in the financial year ending before the start of the designated period in which the current application is made; and
(vi) at least 70% of the applications that were lodged by the agent for PRC applicants, and decided in the financial year ending before the start of the designated period in which the current application is made, resulted in the grant of Subclass 571 visas; and
(vii) the agent agrees to give the education provider information, each month, about:
(A) the number of applications that the agent lodges that were made by PRC students who have been offered a place in a principal course provided by the provider; and
(B) the results of those applications; and
(viii) the agent agrees to the Minister giving the education provider information about:
(A) the number of applications that the agent lodges that were made by PRC students (including PRC students who were offered a place in a principal course provided by the provider); and
(B) the results of those applications; or
(b) must be satisfied that:
(i) the PRC applicant has been accepted into the academic stream in the senior secondary school system of the PRC; and
(ii) the PRC applicant has achieved a result of at least 75% in English language studies for the PRC applicant’s Certificate of Graduation from Junior Secondary School; and
(iii) the application was made by a PRC applicant, and lodged by an agent of the education provider; and
(iv) the education provider has nominated the agent to represent the provider; and
(v) the agent and the education provider have a written agreement under which the agent represents the provider; and
(vi) the agent has lodged at least 10 applications made by PRC applicants in the financial year ending before the start of the designated period in which the current application is made; and
(vii) at least 70% of the applications that were lodged by the agent for PRC applicants, and decided in the financial year ending before the start of the designated period in which the current application is made, resulted in the grant of Subclass 571 visas; and
(viii) the agent agrees to give the education provider information, each month, about:
(A) the number of applications that the agent lodges that were made by PRC students who have been offered a place in a principal course provided by the provider; and
(B) the results of those applications; and
(ix) the agent agrees to the Minister giving the education provider information about:
(A) the number of applications that the agent lodges that were made by PRC students (including PRC students who were offered a place in a principal course provided by the provider); and
(B) the results of those applications.
(9) In this clause:
designated period means:
(a) the period of 12 months starting on 1 April in a year; or
(b) another period determined by the Minister in writing for this paragraph.
education provider means the education provider of the PRC applicant’s proposed principal course.
PRC applicant means a PRC citizen who:
(a) is in the PRC; and
(b) is not in the Hong Kong Special Administrative Region or the Macau Special Administrative Region; and
(c) has applied to undertake, as a principal course, a course gazetted under regulation 1.40A for Subclass 571 visas.
[147] Schedule 5A, subclause 5A305 (1)
omit
the applicant must give evidence that:
the applicant must give evidence, in accordance with this clause, that:
[148] Schedule 5A, paragraph 5A305 (1) (a)
omit
[149] Schedule 5A, paragraphs 5A305 (1) (b) and (c)
(b) 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 36 months; and
[150] Schedule 5A, after subclause 5A305 (1)
(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
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.
[152] Schedule 5A, subclause 5A305 (2), definition of acceptable individual, after paragraph (e)
[153] Schedule 5A, subclause 5A305 (2), definition of funds from an acceptable source, paragraph (a)
(aa) if paragraph (a) does not apply — a money deposit that an acceptable individual has held for at least the 6 months immediately before the date of the application;
[154] Schedule 5A, subclause 5A305 (2), definition of funds from an acceptable source, subparagraph (d) (iv)
omit
[155] Schedule 5A, subclause 5A305 (2), definition of funds from an acceptable source, after subparagraph (d) (iv)
(v) a provincial or state government in a foreign country, provided with the written support of the government of that country; or
(vi) an organisation specified by the Minister in a Gazette Notice for this subparagraph.
[156] Schedule 5A, clause 5A306
omit
(1) If the applicant
[157] Schedule 5A, subparagraph 5A306 (a) (iii)
(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
[158] Schedule 5A, clause 5A306
(2) The applicant must not undertake studies at the year 8 level or lower unless he or she is a secondary exchange student.
[159] Schedule 5A, subclause 5A308 (1)
omit
the applicant must give evidence that:
the applicant must give, in accordance with this clause, evidence that:
[160] Schedule 5A, paragraph 5A308 (1) (a)
omit
[161] Schedule 5A, after paragraph 5A308 (1) (a)
(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 24 months; and
[162] Schedule 5A, after subclause 5A308 (1)
(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
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.
[163] Schedule 5A, paragraph 5A308 (2) (a)
a money deposit held by the applicant or a person providing support to the applicant;
(aa) if paragraph (a) does not apply — a money deposit that the applicant, or a person providing support to the applicant, has held for at least the 3 months immediately before the date of the application;
[164] Schedule 5A, subparagraph 5A308 (2) (d) (v)
omit
[165] Schedule 5A, after subparagraph 5A308 (2) (d) (v)
(vi) a provincial or state government in a foreign country, provided with the written support of the government of that country; or
[166] Schedule 5A, subparagraph 5A309 (a) (iii)
(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
[167] Schedule 5A, subclause 5A311 (1)
omit
the applicant must give:
the applicant must give, in accordance with this clause:
[168] Schedule 5A, paragraph 5A311 (1) (c)
omit
[169] Schedule 5A, subclause 5A311 (2)
(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
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.
[170] Schedule 5A, paragraph 5A404 (e)
omit
[171] Schedule 5A, after paragraph 5A404 (e)
[172] Schedule 5A, subclause 5A405 (1)
omit
[173] Schedule 5A, paragraph 5A405 (1) (a)
omit
[174] Schedule 5A, after paragraph 5A405 (1) (a)
(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 36 months; and
[175] Schedule 5A, after subclause 5A405 (1)
(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
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.
[177] Schedule 5A, subclause 5A405 (2), definition of acceptable individual, after paragraph (e)
[178] Schedule 5A, subclause 5A405 (2), after definition of acceptable individual
(ii) is awarded to a student who is enrolled in a course leading to a Certificate IV qualification or a higher qualification; and
(iii) the applicant’s proposed studies will be credited to a course undertaken by the applicant in the applicant’s home country.
[179] Schedule 5A, subclause 5A405 (2), definition of funds from an acceptable source, paragraph (a)
(aa) if paragraph (a) does not apply — a money deposit that an acceptable individual has held for at least the 6 months immediately before the date of the application;
[180] Schedule 5A, subclause 5A405 (2), definition of funds from an acceptable source, paragraph (b)
omit
[181] Schedule 5A, subclause 5A405 (2), definition of funds from an acceptable source, subparagraph (b) (v)
omit
[182] Schedule 5A, subclause 5A405 (2), definition of funds from an acceptable source, after subparagraph (b) (v)
(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 a Gazette Notice for this subparagraph;
[183] Schedule 5A, subclause 5A405 (2), definition of funds from an acceptable source, after paragraph (b)
[184] Schedule 5A, subclause 5A406 (2)
(2) In this clause, vocational education and training course means a vocational education and training course that:
(a) leads to the award of a qualification from the Australian Qualification Framework at the diploma level; or
(b) leads to the award of a qualification from the Australian Qualification Framework at the advanced diploma level; or
(c) is a course of at least 1 year’s duration that leads to the award of a qualification from the Australian Qualification Framework at the Certificate IV level.
[185] Schedule 5A, paragraph 5A407 (e)
omit
[186] Schedule 5A, after paragraph 5A407 (e)
[187] Schedule 5A, subclause 5A408 (1)
omit
[188] Schedule 5A, paragraph 5A408 (1) (a)
omit
[189] Schedule 5A, after paragraph 5A408 (1) (a)
(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 24 months; and
[190] Schedule 5A, after subclause 5A408 (1)
(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
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.
[191] Schedule 5A, subclause 5A408 (2), definition of acceptable individual
(ii) is awarded to a student who is enrolled in a course leading to a Certificate IV qualification or a higher qualification; and
(iii) the applicant’s proposed studies will be credited to a course undertaken by the applicant in the applicant’s home country.
[192] Schedule 5A, subclause 5A408 (2), definition of funds from an acceptable source, paragraph (a)
a money deposit held by the applicant or an individual who is providing support to the applicant;
(aa) if paragraph (a) does not apply — a money deposit that the applicant, or an individual who is providing support to the applicant, has held for at least the 3 months immediately before the date of the application;
[193] Schedule 5A, subclause 5A408 (2), definition of funds from an acceptable source, paragraph (b)
omit
[194] Schedule 5A, subclause 5A408 (2), definition of funds from an acceptable source, paragraph (d)
omit
[195] Schedule 5A, subclause 5A408 (2), definition of funds from an acceptable source, subparagraph (d) (v)
omit
[196] Schedule 5A, subclause 5A408 (2), definition of funds from an acceptable source, after subparagraph (d) (v)
(vi) a provincial or state government in a foreign country, provided with the written support of the government of that country; or
[197] Schedule 5A, subclause 5A411 (1)
omit
[198] Schedule 5A, paragraph 5A411 (1) (c)
omit
[199] Schedule 5A, subclause 5A411 (2)
(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
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.
[200] Schedule 5A, clause 5A504
5A504 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 Gazette Notice for clause 5A102;
(aa) the applicant:
(i) has 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 Gazette Notice for clause 5A102; and
(ii) has a certificate of enrolment in a foundation course of at least 1 year’s duration that is to be undertaken before commencing the applicant’s principal course;
(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 Gazette Notice for 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:
(i) was in Australia at time of application; and
(ii) had, less than 2 years before the date of the application:
(A) successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that was conducted in Australia and in the English language; or
(B) as the holder of a student visa — studied towards a qualification from the Australian Qualifications Framework at the Certificate IV level or higher in a course that was conducted in the English language;
(e) the applicant has:
(E) the United Kingdom;
(F) 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
(i) provides a certificate of enrolment in a course that has been gazetted for subregulation 1.44 (2) (the gazetted course); and
(ii) will not undertake any other course before commencing the gazetted course.
[201] Schedule 5A, subclause 5A505 (1)
omit
[202] Schedule 5A, paragraph 5A505 (1) (a)
omit
[203] Schedule 5A, after paragraph 5A505 (1) (a)
(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 36 months; and
[204] Schedule 5A, after subclause 5A505 (1)
(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
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.
[206] Schedule 5A, subclause 5A505 (2), definition of acceptable individual, after paragraph (e)
[207] Schedule 5A, subclause 5A505 (2), after definition of acceptable individual
(ii) is awarded to a student who is enrolled in a course leading to a Certificate IV qualification or a higher qualification; and
(iii) the applicant’s proposed studies will be credited to a course undertaken by the applicant in the applicant’s home country.
[208] Schedule 5A, subclause 5A505 (2), definition of funds from an acceptable source, paragraph (a)
(aa) if paragraph (a) does not apply — a money deposit that an acceptable individual has held for at least the 6 months immediately before the date of the application;
[209] Schedule 5A, subclause 5A505 (2), definition of funds from an acceptable source, paragraph (d)
omit
[210] Schedule 5A, subclause 5A505 (2), definition of funds from an acceptable source, subparagraph (d) (v)
omit
[211] Schedule 5A, subclause 5A505 (2), definition of funds from an acceptable source, after subparagraph (d) (v)
(vi) a provincial or state government in a foreign country, provided with the written support of the government of that country; or
[212] Schedule 5A, clause 5A506
5A506 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:
(ii) has successfully completed in Australia a foundation course of at least 1 year’s duration; or
(c) he or she:
(ii) has a certificate of enrolment in a foundation course of at least 1 year’s duration.
[213] Schedule 5A, clause 5A507
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 Gazette Notice for 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 Gazette Notice for clause 5A102; and
(ii) enrolled in a foundation course of at least 1 year’s duration before commencing the applicant’s principal course;
(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 Gazette Notice for 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:
(i) was in Australia at time of application; and
(ii) had, less than 2 years before the date of the application:
(A) successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that was conducted in Australia and in the English language; or
(B) as the holder of a student visa — studied towards a qualification from the Australian Qualifications Framework at the Certificate IV level or higher in a course that was conducted in the English language;
(e) the applicant has:
(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
(i) provides a certificate of enrolment in a course that has been gazetted for subregulation 1.44 (2) (the gazetted course); and
(ii) will not undertake any other course before commencing the gazetted course.
[214] Schedule 5A, subclause 5A508 (1)
omit
[215] Schedule 5A, paragraph 5A508 (1) (a)
omit
[216] Schedule 5A, after paragraph 5A508 (1) (a)
(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 24 months; and
[217] Schedule 5A, after subclause 5A508 (1)
(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
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.
[218] Schedule 5A, subclause 5A508 (2)
(2) In this clause:
(ii) is awarded to a student who is enrolled in a course leading to a Certificate IV qualification or a higher qualification; and
(iii) the applicant’s proposed studies will be credited to a course undertaken by the applicant in the applicant’s home country.
a money deposit held by the applicant or an individual who is providing support to the applicant;
(b) if paragraph (a) does not apply — a money deposit that the applicant, or an individual who is providing support to the applicant, 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, the applicant or an individual who is providing support to the applicant;
(d) a loan from the government of the applicant’s home country;
(e) financial support from:
(i) the applicant’s proposed education provider; or
(B) employs the applicant in a role in relation to which the applicant’s principal course is of direct relevance; or
(vi) a provincial or state government in a foreign country, provided with the written support of the government of that country; or
[219] Schedule 5A, paragraph 5A509 (b)
(b) he or she:
(ii) has successfully completed in Australia a foundation course of at least 1 year’s duration; or
(c) he or she:
(ii) has a certificate of enrolment in a foundation course that is to be undertaken before commencing the applicant’s principal course.
[220] Schedule 5A, subclause 5A511 (1)
omit
[221] Schedule 5A, paragraph 5A511 (1) (c)
omit
[222] Schedule 5A, subclause 5A511 (2)
(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
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.
[223] Schedule 5A, paragraph 5A604 (2) (e)
omit
[224] Schedule 5A, after paragraph 5A604 (2) (e)
[225] Schedule 5A, subclause 5A605 (1)
omit
[226] Schedule 5A, after subclause 5A605 (1)
(b) is an applicant:
(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
(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.
[228] Schedule 5A, subclause 5A605 (2), definition of acceptable individual, after paragraph (e)
[229] Schedule 5A, subclause 5A605 (2), after definition of acceptable individual
(ii) is awarded to a student who is enrolled in a course leading to a Certificate IV qualification or a higher qualification; and
(iii) the applicant’s proposed studies will be credited to a course undertaken by the applicant in the applicant’s home country.
[230] Schedule 5A, subclause 5A605 (2), definition of funds from an acceptable source, paragraph (a)
(aa) if paragraph (a) does not apply — a money deposit that an acceptable individual has held for at least the 6 months immediately before the date of the application;
[231] Schedule 5A, subclause 5A605 (2), definition of funds from an acceptable source, paragraph (d)
omit
[232] Schedule 5A, subclause 5A605 (2), definition of funds from an acceptable source, subparagraph (d) (v)
omit
[233] Schedule 5A, subclause 5A605 (2), definition of funds from an acceptable source, after subparagraph (d) (v)
(vi) a provincial or state government in a foreign country, provided with the written support of the government of that country; or
[234] Schedule 5A, paragraph 5A607 (2) (e)
omit
[235] Schedule 5A, after paragraph 5A607 (2) (e)
[236] Schedule 5A, subclause 5A608 (1)
omit
[237] Schedule 5A, after subclause 5A608 (1)
(b) is an applicant:
(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
(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.
[238] Schedule 5A, subclause 5A608 (2)
(2) In this clause:
(ii) is awarded to a student who is enrolled in a course leading to a Certificate IV qualification or a higher qualification; and
(iii) the applicant’s proposed studies will be credited to a course undertaken by the applicant in the applicant’s home country.
(a) a money deposit held by the applicant or by an individual who is providing support to the applicant;
(b) a loan from a financial institution made to, and held in the name of, the applicant or an individual who is providing support to the applicant;
(c) a loan from the government of the applicant’s home country;
(i) the applicant’s proposed education provider; or
(B) employs the applicant in a role in relation to which the applicant’s principal course is of direct relevance; or
(vi) a provincial or state government in a foreign country, provided with the written support of the government of that country; or
[239] Schedule 5A, subclause 5A611 (1)
omit
[240] Schedule 5A, paragraph 5A611 (1) (c)
omit
[241] Schedule 5A, subclause 5A611 (2)
(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
(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.
[242] Schedule 5A, paragraph 5A704 (e)
omit
[243] Schedule 5A, after paragraph 5A704 (e)
[244] Schedule 5A, subclause 5A705 (1)
omit
[245] Schedule 5A, paragraph 5A705 (1) (a)
omit
[246] Schedule 5A, after paragraph 5A705 (1) (a)
(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 36 months; and
[247] Schedule 5A, after subclause 5A705 (1)
(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
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.
[249] Schedule 5A, subclause 5A705 (2), definition of acceptable individual, after paragraph (e)
[250] Schedule 5A, subclause 5A705 (2), after definition of acceptable individual
(ii) is awarded to a student who is enrolled in a course leading to a Certificate IV qualification or a higher qualification; and
(iii) the applicant’s proposed studies will be credited to a course undertaken by the applicant in the applicant’s home country.
[251] Schedule 5A, subclause 5A705 (2), definition of funds from an acceptable source, paragraph (b)
omit
[252] Schedule 5A, subclause 5A705 (2), definition of funds from an acceptable source, subparagraph (b) (iv)
omit
[253] Schedule 5A, subclause 5A705 (2), definition of funds from an acceptable source, after subparagraph (b) (iv)
(v) a provincial or state government in a foreign country, provided with the written support of the government of that country; or
(vi) an organisation specified by the Minister in a Gazette Notice for this subparagraph;
[254] Schedule 5A, subclause 5A705 (2), definition of funds from an acceptable source, after paragraph (b)
[255] Schedule 5A, paragraph 5A707 (e)
omit
[256] Schedule 5A, after paragraph 5A707 (e)
[257] Schedule 5A, subclause 5A708 (1)
omit
[258] Schedule 5A, paragraph 5A708 (1) (a)
omit
[259] Schedule 5A, after paragraph 5A708 (1) (a)
(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 24 months; and
[260] Schedule 5A, after subclause 5A708 (1)
(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
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.
[261] Schedule 5A, subclause 5A708 (2), definition of acceptable individual
(ii) is awarded to a student who is enrolled in a course leading to a Certificate IV qualification or a higher qualification; and
(iii) the applicant’s proposed studies will be credited to a course undertaken by the applicant in the applicant’s home country.
[262] Schedule 5A, subclause 5A708 (2), definition of funds from an acceptable source, paragraph (a)
omit
an acceptable individual
the applicant, or an individual who is providing support to the applicant,
[263] Schedule 5A, subclause 5A708 (2), definition of funds from an acceptable source, paragraph (b)
omit
[264] Schedule 5A, subclause 5A708 (2), definition of funds from an acceptable source, paragraph (d)
omit
[265] Schedule 5A, subclause 5A708 (2), definition of funds from an acceptable source, subparagraph (d) (v)
omit
[266] Schedule 5A, subclause 5A708 (2), definition of funds from an acceptable source, after subparagraph (d) (v)
(vi) a provincial or state government in a foreign country, provided with the written support of the government of that country; or
[267] Schedule 5A, subclause 5A711 (1)
omit
[268] Schedule 5A, paragraph 5A711 (1) (c)
omit
[269] Schedule 5A, subclause 5A711 (2)
(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
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.
[270] Schedule 5A, clause 5A802
omit
The applicant must give evidence that:
The applicant must give evidence, in accordance with this clause, that:
[271] Schedule 5A, subclause 5A805 (2)
omit
the applicant must also give:
the applicant must also give, in accordance with this clause:
[272] Schedule 5A, paragraph 5A805 (2) (c)
omit
the applicant’s proposed stay in Australia after the first 12 months; and
[273] Schedule 5A, after paragraph 5A805 (2) (c)
(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.