Removal of the change of provider student visa condition (8206) and related provisions from the Migration Regulations
1 July 2007 - Legislation change
Client summary
From 1 July 2007, the Migration Regulations 1994 (‘the Regulations’) will be amended to remove student visa condition 8206 from Schedule 8 of the Regulations and omit related provisions in Schedules 1 and 2 of the Regulations. Condition 8206 limits the ability of student visa holders to change education providers during their course of study. As a result of this change, it will no longer be necessary for students to apply for a new student visa in order to change Education providers.
The removal of condition 8206 and related provisions from the Regulations has been done to reflect changes to the National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students 2007 (the National Code 2007). In particular, the obligations set out in condition 8206 have been transferred from the Regulations to become a standard of the National Code 2007. The rationale for this is that the change of education provider is essentially an educational, not an immigration matter.
Technical details
The following provisions of the Regulations are amended:
- Schedule 8 – removal of condition 8206
- Schedule 1 and 2 – removal of reference to condition 8206 and other requirements for changing educational providers
- Schedule 1 and 2 – removal of reference to Form 157C
Additional information: Nil
Transitional arrangements: The amendments apply in relation to:
- an application for a visa made on or after 1 July 2007
- an application for a visa made but not finally determined before 1 July 2007
and - for a visa granted before 1 July 2007 to which condition 8206 applied, condition 8206 is taken not to apply on or after 1 July 2007.
Forms: Form 157C (Application for a student visa with permission to change education provider) will be removed as it is no longer required.
Instructions: PAM3 The relevant policy documents have been updated to reflect these amendments.
Effect on delegations: Nil
Effect on systems: Nil