Contents
Part 1 · Preliminary
1Name#
(1)This instrument is the Migration (LIN 20/158: Class of Persons for Student (Temporary) (Class TU) Visa Applications) Instrument 2020.
(2)This instrument may be cited as LIN 20/158.
3Authority#
This instrument is made under subitem 1222(5) of Schedule 1 to the Regulations.
4Definitions#
Note 1: A number of expressions used in this instrument are defined in regulation 1.03 of the Regulations, including the following:
(a) confirmation of enrolment;
(aa) Defence student;
(ab) education provider;
(b) foreign affairs student;
(c) member of the family unit;
(d) registered course;
(e) secondary exchange student.
Note 2: A number of expressions used in this instrument are defined in subsection 5(1) of the Act, including in Australia
In this instrument:
Agreed starting day, for a registered course, means:
(a)the day on which a course was scheduled to start; or
(b)the later day agreed between the education provider and a student.
course of study has the meaning given by clause 500.111 of Schedule 2 to the Migration Regulations.
higher education course has the meaning given by clause 500.111 of Schedule 2 to the Migration Regulations.
higher education provider has the meaning given by section 16-1 of the Higher Education Support Act 2003.
principal course means, in relation to a Subclass 500 visa that was granted to enable the visa holder to undertake one or more courses of study, the course with the highest AQF level.
provider default in relation to a registered course, means the occurrence of one of the following events, including where the event is as a result of a sanction being imposed on the education provider, or their registration being suspended or cancelled, under Divisions 1, 1AB, or 2 of Part 6 of the Education Services for Overseas Students Act 2000:
(a)the course does not start on the agreed starting day; or
(b)the course ceases to be provided at any time after it starts, but before it is completed;
(c)the course not being provided in full to a student.
provider default day in relation to a registered course for which provider default has occurred, means:
(a)if the default occurred because of the event mentioned in paragraph (a) of the definition of provider default—the agreed starting day; or
(b)if the default occurred because of the event mentioned in paragraph (b) or (c) of the definition of provider default—the day on which the course ceased to be provided.
Regulations means the Migration Regulations 1994.
school student has the meaning given by clause 500.111 of Schedule 2 to the Migration Regulations.
Subclass 500 visa means a Subclass 500 (Student) visa.
Subclass 590 visa means a Subclass 590 (Student Guardian) visa.
VAC means visa application charge.
Part 2 · Classes of persons
Division 1 · VAC arrangements
6Class of persons for VAC arrangements#
For the purpose of paragraph 1222(5)(a) of Schedule 1 to the Regulations, subparagraph 1222(2)(a)(i) of Schedule 1 to the Regulations applies to each class of persons mentioned in this Division.
Note: The amount of visa application charge for a person applying for one of the classes of visa mentioned in this Division is nil.
7Class of persons 1—Subclass 500 visa - Student#
This section applies to an applicant who:
(a)is seeking to satisfy the primary criteria for grant of a Subclass 500 visa and who:
(i)has been granted approval under a students’ training scheme approved by the Commonwealth to study in Australia; or
(ii)is a Foreign Affairs student to whom paragraph 1.04A(3)(b) of the Regulations applies; or
(iii)is a Defence student to whom paragraph 1.04B(b) of the Regulations applies; or
(iv)is a secondary exchange student; or
(b)to whom each of the following circumstances applies:
(i)the applicant was not able to complete a registered course due to provider default; and
(ii)there is satisfactory evidence that the applicant was enrolled in that course on the provider default day; and
(iii)the applicant holds a Subclass 500 visa, or the applicant’s last substantive visa was a Subclass 500 visa; and
(iv)the applicant requires a Subclass 500 visa to allow him or her to complete either an alternative registered course; or one or more registered courses after an alternative registered course; and
(v)the application is made no later than 12 months after the provider default day; and
(vi)the applicant has not made a previous application in the circumstances specified in this paragraph because of the same provider default described in subparagraph (i).
8Class of persons 2—Students’ family members (combined applicants)#
This section applies to an applicant who:
(a)claims to be a member of the family unit of another applicant (the primary applicant) and the primary applicant is seeking to satisfy the primary criteria for the grant of a Subclass 500 visa; and
(b)seeks to combine their application with the primary applicant’s application; and
(c)the primary applicant is:
(i)included in the class of persons specified in section 7 of this instrument; or
(ii)enrolled in a postgraduate research course.
9Class of persons 3—Students’ family members (Foreign Affairs students and Defence students)#
This section applies to an applicant who:
(a)is seeking to satisfy the secondary criteria for the grant of a Subclass 500 visa; and
(b)who:
(i)claims to be a member of the family unit of a person (the primary person) who holds a Subclass 500 visa; and
(ii)the primary person is a Foreign Affairs student or a Defence student.
11Class of persons 5—Student Guardians#
An applicant seeking to satisfy the primary criteria for grant of a Subclass 590 visa where each of the following applies:
(a)the nominating student was not able to complete a registered course due to a provider default; and
(b)there is satisfactory evidence that the nominating student was enrolled in that course on the provider default day; and
(c)the nominating student holds a Subclass 500 visa, or the nominating student’s last substantive visa was a Subclass 500 visa; and
(d)the nominating student requires a Subclass 500 visa to allow him or her to complete an alternative registered course; or one or more registered courses after an alternative registered course; and
(e)the applicant’s visa application is made no later than 12 months after the provider default day; and
(f)the applicant has not made a previous application in the circumstances specified in this subsection because of the same provider default described in paragraph (a).
12Class of persons 6—Student Guardians’ family members#
This section applies to an applicant who is:
(a)claiming to be a member of the family unit of a person who is seeking to satisfy the primary criteria for the grant of Subclass 590 visa; and
(b)is making a combined application with that person; and
(c)the person seeking to satisfy the primary criteria for the Subclass 590 visa is in a class of persons mentioned in section 11 of this instrument.
Division 2 · Location requirements
16 Classes of persons 11—doctoral students#
(1)For the purposes of paragraph 1222(3A)(d) of Schedule 1 to the Regulations, the class of persons to which subsection (2) applies is specified.
(2)This subsection applies in relation to a class of persons where the person:
(a)is seeking to satisfy the primary criteria for the grant of a Subclass 500 visa; and
(b)at the time of making the visa application—is enrolled in a course of study leading to the award of a doctoral degree.
17 Classes of persons 12—provider default#
(1)For the purposes of paragraph 1222(3A)(d) of Schedule 1 to the Regulations, the class of persons to which subsection (2) applies is specified.
(2)This subsection applies in relation to a class of persons where the person:
(a)is seeking to satisfy the primary criteria for the grant of a Subclass 500 visa; and
(b)was unable to complete a registered course due to provider default; and
(c)was enrolled in that course on the provider default day; and
(d)requires a further Subclass 500 visa to complete either an alternative registered course or one or more other registered courses after completing an alternative registered course; and
(e)applies for that Subclass 500 visa within the period of 12 months after the provider default day; and
(f)has not made a previous visa application because of the same provider default.
18 Classes of persons 13—completion of studies#
(1)For the purposes of paragraph 1222(3A)(d) of Schedule 1 to the Regulations, the class of persons to which subsection (2) applies is specified.
(2)This subsection applies in relation to a class of persons where the person:
(a)is seeking to satisfy the primary criteria for the grant of a Subclass 500 visa; and
(b)at the time of making the visa application, holds a Subclass 500 visa; and
(c)either:
(i)has commenced the principal course for which the visa mentioned in paragraph (b) was granted; or
(ii)has commenced an alternative principal course with the same provider and that course is not inconsistent with the conditions of the visa mentioned in paragraph (b); and
(d)has not completed the principal course mentioned in subparagraph (c)(i) or (ii); and
(e)will complete the principal course mentioned in subparagraph (c)(i) or (ii) within 12 months of the end date specified in the confirmation of enrolment issued for that principal course.
19 Classes of persons 14—course progression#
(1)For the purposes of paragraph 1222(3A)(d) of Schedule 1 to the Regulations, the class of persons to which subsection (2) applies is specified.
(2)This subsection applies in relation to a class of persons where the person:
(a)is seeking to satisfy the primary criteria for the grant of a Subclass 500 visa; and
(b)at the time of making the visa application, holds a Subclass 500 visa; and
(c)has completed either:
(i)the principal course for which the visa mentioned in paragraph (b) was granted; or
(ii)an alternative principal course that was not inconsistent with the conditions of that visa; and
(d)subject to subsections (3) and (4), is enrolled in no more than one further course of study.
(3)If the principal course mentioned in subparagraph (2)(c)(i) or (ii) has an AQF level attributed to it, the further course of study mentioned in paragraph (2)(d) must:
(a)have a higher AQF level than the course mentioned in subparagraph (2)(c)(i) or (ii); and
(b)if the principal course mentioned in subparagraph (2)(c)(i) or (ii) was a higher education course, the further course of study mentioned in paragraph (2)(d) must be a higher education course delivered by a higher education provider.
(4)If the principal course mentioned in paragraph (2)(c)(i) or (ii) does not have an AQF level attributed to it, then either:
(a)the course of study mentioned in paragraph (2)(d) must have an AQF level attributed to it; or
(b)at the time the person undertook the principal course mentioned in subparagraph (2)(c)(i) or (ii), the person was a school student.
Division 3 · Family
20 Classes of persons 15—family of foreign government scholarship recipient students#
(1)For the purposes of subparagraph 1222(3)(da)(vi) of Schedule 1 to the Regulations, the class of persons to which subsection (2) applies is specified.
(2)This subsection applies in relation to a class of persons where the person is:
(a)seeking to satisfy the secondary criteria for the grant of a Subclass 500 visa; and
(b)a member of the family unit of a person who:
(i)is seeking to satisfy the primary criteria for the grant of a Subclass 500 visa; and
(ii)is enrolled in either:
(A)a single course of study that is fully funded by a foreign government; or
(B)multiple courses of study that are all fully funded by a foreign government.
21 Classes of persons 16—family of doctoral students#
(1)For the purposes of subparagraph 1222(3)(da)(vi) of Schedule 1 to the Regulations, the class of persons to which subsection (2) applies is specified.
(2)This subsection applies in relation to a class of persons where the person is:
(a)seeking to satisfy the secondary criteria for the grant of a Subclass 500 visa; and
(b)a member of the family unit of a person who:
(i)is seeking to satisfy the primary criteria for the grant of a Subclass 500 visa; and
(ii)is enrolled in a course of study leading to the award of a doctoral degree.
22Classes of persons 17—family member of students affected by provider default#
(1)For the purposes of subparagraph 1222(3)(da)(vi) of Schedule 1 to the Regulations, the class of persons to which subsection (2) applies is specified.
(2)This subsection applies in relation to a class of persons where the person:
(a)is seeking to satisfy the secondary criteria for the grant of a Subclass 500 visa; and
(b)at the time of making the visa application—holds a Subclass 500 visa that was granted on the basis of having satisfied the secondary criteria; and
(c)is a member of the family unit of a person who:
(i)is seeking to satisfy the primary criteria for the grant of a Subclass 500 visa; and
(ii)holds a Subclass 500 that was granted to the person on the basis of satisfying the primary criteria; and
(iii)was unable to complete a registered course due to provider default; and
(iv)was enrolled in that course on the provider default day; and
(v)requires a Subclass 500 visa to complete either an alternative registered course or one or more other registered courses after completing an alternative registered course; and
(vi)applies for that Subclass 500 visa within the period of 12 months after the provider default day; and
(vii)has not made a previous visa application because of the same provider default; and
(d)was granted the Subclass 500 visa mentioned in paragraph (b) as a member of the family unit of the person mentioned in paragraph (c).
23Classes of persons 18— family member of students seeking to complete studies#
(1)For the purposes of subparagraph 1222(3)(da)(vi) of Schedule 1 to the Regulations, the class of persons to which subsection (2) applies is specified.
(2)This subsection applies in relation to a class of persons where the person:
(a)is seeking to satisfy the secondary criteria for the grant of a Subclass 500 visa; and
(b)at the time of making the visa application—holds a Subclass 500 visa that was granted on the basis of having satisfied the secondary criteria; and
(c)is a member of the family unit of a person who:
(i)is seeking to satisfy the primary criteria for the grant of a Subclass 500 visa; and
(ii)holds a Subclass 500 that was granted to the person on the basis of satisfying the primary criteria; and
(iii)either:
(A)has commenced the principal course for which the visa mentioned in subparagraph (ii) was granted; or
(B)has commenced an alternative principal course with the same provider and that course is not inconsistent with the conditions of the visa mentioned in subparagraph (ii); and
(iv)has not completed the principal course mentioned in sub-subparagraph (iii)(A) or (iii)(B); and
(v)will complete the principal course mentioned in sub-subparagraph (iii)(A) or (iii)(B) within 12 months of the end date specified in the confirmation of enrolment issued for that principal course; and
(d)was granted the Subclass 500 visa mentioned in paragraph (b) as a member of the family unit of the person mentioned in paragraph (c).
Part 3 · Application and transitional provisions
24Application of amendments in LIN 26/087#
The amendments of this instrument made by Migration (LIN 20/158: Class of Persons for Student (Temporary) (Class TU) Visa Applications) Amendment Instrument 2026 (LIN 26/087) apply in relation to an application for a visa made on or after the day on which LIN 26/087 commences.
Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.