Student Visa Changes
1 July 2003 - Legislation change
Client summary
From 1 July 2003, immigration law has been amended in relation to the waiver provisions for condition 8534 (no further stay) in recognition that nurses are required to meet strict English language requirements to be a registered nurse in Australia.
In addition, amendments have been made to provide greater flexibility for future repatriation arrangements of student visa applications.
Technical details
Additional information:
Changes to the waiver provision for condition 8534 regarding registered nurses
The 'No Further Stay' condition 8534 precludes the student visa holder from making a valid application for a further visa (except a Protection Visa, subclass 497 Graduate-Skilled Visa, or Student Visa with Permission to Work) while they remain in Australia. However, condition 8534 may be waived in several circumstances.
Condition 8534 may be waived if the person is a registered nurse in Australia or satisfies the requirements for registration as a nurse in Australia, and meets certain English language proficiency requirements.
Nurses must meet strict English requirements to be a registered nurse. It is, therefore, considered unnecessary for a registered nurse to further demonstrate their English language proficiency at time of waiver.
From 1 July 2003, condition 8534 may be waived if the person is a registered nurse in Australia or satisfies the requirements for registration as a nurse in Australia.
Changes to student visa application lodgement arrangements for applicants outside Australia
The repatriation arrangements prescribed in Schedule 1 require certain gazetted citizens of a foreign country to lodge their student visa application at a specified address if they are in that foreign country.
From 1 July 2003, paragraph 1222(3)(aa) has been amended to require a person who is included in a class of persons specified by a Gazette Notice, to make their student visa application by posting or having their application delivered to an address specified by the Minister.
This amendment will provide greater flexibility for future repatriation arrangements.
Transitional arrangements: Nil.
Forms: Form 157A.
Instructions: PAM3 guidelines have been amended to reflect these changes.
Effect on delegations: Nil
Effect on systems: Nil.