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Amendments to Medical Treatment Visas and Condition 8201

9 November 2009 Legislation Change

Client summary

From 9 November 2009, the Migration Regulations 1994 ('the Regulations') are amended to enable Subclass 675 (Medical Treatment (Short Stay)) and Subclass 685 (Medical Treatment (Long Stay)) visa holders to study for more than 3 months where the holder:

  • is under 18 years of age;
  • has experienced a change in circumstances while in Australia; and
  • has the written permission of the Minister to engage for more than 3 months in any studies or training because of compelling or compassionate circumstances.

For all other visa subclasses to which condition 8201 attaches, while in Australia, the holder must not engage, for more than 3 months, in any studies or training.

Affected legislation

The following provisions of the Regulations are amended:

  • Schedule 8, clause 8201.

Transitional provisions

The amendments apply to an application for a visa:

  • made, but not finally determined (within the meaning of subsection 5(9) of the Migration Act 1958), before 9 November 2009; or
  • made on or after 9 November 2009.

Forms

No form changes required for:

  • Medical Treatment Visas (685/675) Forms 601, 48E
  • Tourist visas (676) 601, Forms 601E
  • Sponsored Family visas (679) Forms 1238, 485, 1149
  • Electronic Travel Authority (956, 976, and 977) Nil forms
  • Short Stay Business visitor visas (456 and 459) Forms 456, 1066.

Instructions

PAM3: PAM 3 Sch2685/675 has been amended to reflect these changes. Due for release 9 November 2009.