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Amendment of Migration Regulations 1994 to include work rights on all initial student visa grants

26 April 2008 - Legislation Change

Client summary

From 26 April 2008, the Migration Regulations 1994 (‘the Regulations’) are amended to:

  • include work rights on all initial student visa grants thus removing the need for student visa holders to make a separate application for permission to work
  • prevent students and their family members from undertaking work until the student has commenced their course of study or training by amending student visa work conditions
  • define the term 'week' as it applies to student visa work conditions
  • increase the Student Visa Application Charge
  • amend a minor technical error made as a result of 2007 changes relating to the introduction of the Values Statement.

Affected legislation

The following provisions of the Regulations are amended:

Item 1222 of Part 2 of Schedule 1
Clauses 570.611 and 570.617 of Part 570 of Schedule 2
Clauses 571.611 and 571.614 of Part 571 of Schedule 2
Clauses 572.611 and 572.617 of Part 572 of Schedule 2
Clauses 573.611 and 573.617 of Part 573 of Schedule 2
Clauses 574.221, 574.611, 574.616, 574.617 and 574.618 of Part 574 of Schedule 2
Clauses 575.611 and 575.617 of Part 575 of Schedule 2
Clauses 576.611 and 576.614 of Part 576 of Schedule 2
Clauses 8104 and 8105 of Schedule 8.

Additional information: Nil

Transitional provisions: The amendments apply in relation to an application for a visa made but not finally determined before, or made on or after, 26 April 2008.

Forms: Changes to the following forms were submitted to Forms Design and Information Distribution Section in 2007 and will come into effect from 26 April 2008:

  • Form 157A Application for a Student Visa
  • Form 157P Application for a Student Visa with Permission to Work
  • Form 1160i Applying for a Student Visa

Finance Policy is managing an update to Form 990i Charges to reflect the increase in the Student Visa Application Charge.

Instructions: PAM3 GenGuide G amendments submitted to Policy Instruction Reform Rules and Legislation Section 11 March 2008 for upload on 26 April 2008.