Class 1Class 1

Class 1

Persons who seek a student visa and who:

(a) are not in immigration clearance; and

(b) are at least 6 years of age; and

(c) either:

(i) hold a subclass 570, 571, 572, 573, 574, 575 or 576 visa; or

(ii) are the holder of a passport issued by a foreign country set out in Schedule 1 to this Instrument, and who:

(A) seek to satisfy the primary criteria of the subclass of student visa that corresponds to that passport as set out in Schedule 1 of this Instrument; and

(B) are the holder of a relevant visa identified in Schedule 2 of this Instrument; and

(d)

(i) are enrolled in one or more registered courses:

(A) of a kind that has been specified under regulation 1.40A; and

(B) the provider of which is not a suspended education provider; and

(ii) if under 18 years of age, provide evidence that the education provider for the course in which the applicant is enrolled has made appropriate arrangements for the applicant’s accommodation, support and general welfare for at least the minimum period of enrolment stated on the applicant’s electronic confirmation of enrolment plus 7 days after the end of that period; and

(e) apply no more than 93 days before their first course commences.

Class 2

Persons who:

(a) are not in immigration clearance; and

(b) are the holder of a passport issued by a foreign country; and

(c) claim to be a member of the family unit of a person described in Class 1 (the primary person); and

(d) seek to apply for a student visa at the same time and place as, and combined with, the primary person.

This Instrument, IMMI 08/053, commences on 1 September 2008.

Dated 28 July 2008

CHRIS EVANS

Minister for Immigration and Citizenship