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Migration Regulations 1994
1222Student (Temporary) (Class TU)
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1222 Student (Temporary) (Class TU)
(1) Form: The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).
(i) for an applicant who is included in a class of persons specified in an instrument under paragraph (5)(a), the amount is nil;
(ia) for:
(A) an applicant (the primary applicant) who is seeking to satisfy the primary criteria for the grant of a Student (Temporary) (Class TU) visa and who holds a valid passport issued by a country specified in subitem (5A); or
(B) an applicant whose application is combined, or sought to be combined, with an application made by the primary applicant; or
(C) an applicant who claims to be member of the family unit of a person who both holds a Student (Temporary) (Class TU) visa, having satisfied the primary criteria for that visa, and who holds a valid passport issued by a country specified in subitem (5A):
- 1 Base application charge $730
- 2 Additional applicant charge for an applicant who is at least 18 $545
- 3 Additional applicant charge for an applicant who is less than 18 $180
- 1 Base application charge $2 000
- 2 Additional applicant charge for any other applicant who is at least 18 $1 225
- 3 Additional applicant charge for any other applicant who is less than 18 $400
Note 1: Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non‑internet application charge. Not all of the components may apply to a particular application.
Note 2: Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant’s application.
(a) An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).
(c) If the applicant seeks to satisfy the primary criteria for the grant of a Subclass 500 (Student) visa, the application must be accompanied by evidence of the applicant’s intended course of study in Australia, or activities related to study in Australia, being evidence that satisfies the requirements specified in an instrument under paragraph (5)(b).
(d) If the applicant seeks to satisfy the primary criteria for the grant of a Subclass 500 (Student) visa and will be under 18 years of age at any time while in Australia, the application must be accompanied by evidence of intended arrangements for the applicant’s accommodation, support and general welfare.
(e) An application by a person claiming to be a member of the family unit of a person who is an applicant for a Subclass 500 (Student) visa may be made at the same time and place as, and combined with, the application by that person.
(f) An application by a person claiming to be a member of the family unit of a person who is seeking to satisfy the primary criteria for the grant of a Subclass 590 (Student Guardian) visa must be made at the same time as, and combined with, the application by that person.
(4) If the applicant is in Australia, the applicant must hold a substantive temporary visa (other than a substantive temporary visa specified in an instrument under paragraph (5)(c)), or must satisfy the following paragraphs:
(a) the applicant is not the holder of a substantive visa;
(b) the last substantive visa held by the applicant was:
(i) a student visa; or
(ii) a special purpose visa; or
(iii) a Diplomatic (Temporary) (Class TF) visa granted to the holder as the spouse or de facto partner, or a dependent relative, of a diplomatic or consular representative of a foreign country;
(c) the application is made within 28 days after:
(i) the day when that last substantive visa ceased to be in effect; or
(ii) if that last substantive visa was cancelled, and the ART has made a decision to set aside and substitute the cancellation decision or the Minister’s decision not to revoke the cancellation—the later of the day when that last substantive visa ceased to be in effect and the day when:
(A) if the ART’s decision is given to the applicant orally—the applicant is taken, under subsection 368(7) of the Act, to have been notified of the decision; or
(B) otherwise—the applicant is taken, under section 379C of the Act, to have received the notification of the ART’s decision;
(d) the applicant has not previously been granted a visa based on an application made when the applicant did not hold a substantive visa.
(5) The Minister may, by legislative instrument, specify all or any of the following:
(a) classes of persons to whom subparagraph (2)(a)(i) applies;
(b) the requirements that evidence required by paragraph (3)(c) must satisfy;
(c) substantive temporary visas for the purposes of subitem (4).
(5A) For the purposes of subparagraph (2)(a)(ia), the following countries are specified:
(a) Federated States of Micronesia;
(b) Fiji;
(c) Kiribati;
(d) Nauru;
(e) Palau;
(f) Papua New Guinea;
(g) Republic of the Marshall Islands;
(h) Samoa;
(i) Solomon Islands;
(j) Timor‑Leste;
(k) Tonga;
(l) Tuvalu;
(m) Vanuatu.
500 (Student)
590 (Student Guardian)
(7) In this item:
course of study has the same meaning as in clause 500.111.