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05年7月澳洲学生签证的最新法律调整
日期：2005-07-15 01:59:36.0
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Legislation Change - 1 July 2005
Changes affecting the student visa program
Client summary
The following changes to the student visa regulations in the Migration Regulations 1994 (“the Regulations”) take effect on 1 July 2005:
allow student visa applicants from higher immigration risk countries to demonstrate their financial capacity by way of financial support from certain non-profit organisations
amend the definition of “foundation course” for the Higher Education Sector to provide that these courses may be registered at different levels within the Commonwealth Register of Institutions and Courses for Overseas Students
provide greater consistency in the English language proficiency requirements for student visa applicants from higher immigration risk countries who have completed courses conducted in English in Australia
require substantial compliance with the conditions of a student visa applicant’s last substantive visa, in addition to any subsequent bridging visa
ensure that student visa applicants are not affected by the reassignment of a type of course from one student visa subclass to another while their application is being processed
in cases of significance to Australia’s relationship with another country, allow for a student to be accompanied by more than one guardian, and allow these guardians to perform certain work in Australia
provide for a Gazette Notice to identify the range of clients eligible to apply online for a student visa in Australia
provide for a Gazette Notice to identify two new course types which are part of the Australian Qualifications Framework.
Technical details
Financial support from non-profit organisations
The Regulations have been amended to enable non-profit organisations to provide financial support to student visa applicants from higher risk levels (Assessment Levels 3 and 4).
To be accepted for visa purposes, an organisation must
be non-profit in nature
be lawfully established and lawfully and actively operating in Australia or overseas
have funds or income sufficient to provide the financial support that the organisation proposes to provide.
Affected legislation:
Schedule 2
clauses 580.111, 580.112, 580.113;
Schedule 5A
clause 5A101
subclauses 5A205(2), 5A208(2)
subparagraphs 5A308(2)(vii), 5A405(2)(vii), 5A408(2)(vii), 5A505(2)(vii), 5A508(2)(vii), 5A605(2)(vii), 5A608(2)(vii), 5A705(2)(vi), 5A708(2)(vii)
Schedule 5B
clause 5B101
subparagraphs 5B201(3)(vii), 5B202(3)(vii), 5B301(3)(vii), 5B302(3)(vii)
Foundation courses – Higher Education Sector
The definition of “foundation course” in the Regulations has been amended to remove reliance on the “course level” field in the Commonwealth Register of Institutions and Courses for Overseas (CRICOS).
The Regulations now recognise that foundation courses may be registered at any one of a number of different levels (eg. non-award or Certificate IV). When a course is identified on CRICOS as foundation studies, using a new data field created specifically for this purpose, it will be accepted for visa purposes irrespective of its award status.
The new definition relies on course accreditation and registration processes to determine the “acceptable duration” and other characteristics of foundation courses. The Regulations no longer specify a minimum course duration of one year for Assessment Level 4.
Note: For visa purposes, foundation courses are specified as an alternative to Year 12 as a pathway to the Higher Education Sector (subclass 573) for Assessment Level 3 and 4 student visa applicants.
Affected legislation:
Schedule 5A
clause 5A101
subparagraphs 5A504(1)(aa)(ii), 5A06(ii), 5A506(ii), 5A507(1)(aa)(ii)
Onshore exemptions from English language proficiency testing
The Regulations have been amended to provide consistency in the exemptions from English language proficiency testing for Assessment Level 3 and 4 student visa applicants in Australia.
Student visa applicants who apply in Australia for a further student visa are now exempt from English language proficiency testing if they have successfully completed:
the Secondary Certificate of Education that was conducted in Australia and in English
or
a qualification at the Certificate IV level or higher in the Australian Qualifications Framework in a course (other than a foundation course) that was conducted in English (as the holder of a student visa).
Previously, applicants were exempt from English language proficiency testing only where they had:
successfully completed the Senior Secondary Certificate of Education that was conducted in Australia and in English
or
had studied towards a qualification at the Certificate IV level or higher in the Australian Qualifications Framework in a course that was conducted in English (as the holder of a student visa).
Note: Relevant courses must have been completed less than 2 years before the date of the visa application to be accepted.
Affected legislation:
Schedule 5A
subparagraphs 5A204(ii)(, 5A404(ii)(, 5A407(ii)(, 5A504(1)(ii)(, 5A507(1)(ii)(, 5A604(2)(ii)(, 5A607(2)(ii)(, 5A704(ii)(, 5A707(ii)(.
Substantial compliance with student visa conditions
The Regulations have been amended to allow decision-makers to consider a student visa applicant’s compliance with the conditions of their most recent substantive visa (eg. their last student visa) as well as the conditions of any subsequent bridging visa.
The amendments make student visas consistent with other temporary residence visas that have a “substantial compliance” requirement. Decision-makers had previously been limited to considering compliance with the conditions of the visa held (or most recently held) at time of application.
Affected legislation:
Schedule 2
clauses 570.235, 570.333, 571.237, 571.333, 572.235, 572.333, 573.235, 573.333, 574.235, 574.333, 575.235, 575.333, 576.233, 576.334.
Relationship between student visa subclass and education sector
The Regulations have been amended to make it clear that at the time of decision a student visa applicant is eligible for the subclass of student visa that was relevant when the application was made.
Affected legislation:
Schedule 2
subclauses 570.232, 571.232, 572.231, 573.231, 574.231, 575.231.
Student Guardian visa
The Regulations have been amended so that more than one person can be granted a student guardian visa to care for the same student where the grant of those student guardian visas would significantly benefit the relationship between the government of Australia and the government of a foreign country (bilateral relations cases).
Student guardians in bilateral relations cases will be able to work in Australia where that work is relevant to the performance of their duties as specified in their visa application.
Example: Nanny, bodyguard.
Affected legislation:
Schedule 2
paragraph 580.223(2)
clauses 580.611, 580.612.
Applying online for a student visa in Australia
The Regulations have been amended to provide for a Gazette Notice to identify the range of clients eligible to apply online for a student visa in Australia, using form 157A (Internet) or form 157P (Internet).
This amendment will provide greater flexibility in the future expansion of student eVisa initiatives.
Affected legislation:
Schedule 1
paragraphs 1222(1)(aa), 1222(1), 1222(3)(ca), (cb), (cc), (cd).
New course types in the Vocational Educational and Training Sector
Two new course types have been gazetted under regulation 1.40A, to recognise their recent inclusion in the Australian Qualifications Framework. The Vocational Graduate Certificate and the Vocational Graduate Diploma have been gazetted as part of the Vocational Education and Training Sector (subclass 572) for visa purposes, consistent with their position in the AQF.
Affected legislation:
Part 1
regulation 1.40A.
Additional information: The student visa information on the DIMIA website and related document checklists have been updated.
See: Studying in Australia
Transitional arrangements: The amendments relating to the definition of a foundation course and the English language proficiency testing exemption for applicants who have successfully completed a foundation course apply in relation to an application for a visa:
made but not finally determined (within the meaning of subsection 5(9) of the Migration Act 1958) before 1 July 2005
or
made on or after 1 July 2005.
The other amendments apply in relation to applications made on or after 1 July 2005.
Forms: Nil.
Instructions: PAM3: Generic Guidelines G – Student Visas, Sch2Visa580 – Student Guardian Visa
Effect on delegations: Nil.
Effect on systems: The foundation course changes have been included in ICSE Release 8.0.
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