Higher Education Support Act 2003
A student meets the citizenship or residency requirements under this section in relation to a unit of study if the student is: (a) an Australian citizen; or (b) a *permanent humanitarian visa holder, or an *eligible former permanent humanitarian visa holder, who will be resident in Australia for the duration of the unit; or (c) if the student is undertaking, or is to undertake, the unit as part of a *bridging course for overseas-trained professionals - a *permanent visa holder who will be resident in Australia for the duration of the unit.
[ CCH Note: S 104-5(1) will be substituted by No 100 of 2023, s 3 and Sch 1 item 4, effective the later of: (a) the start of 1 February 2024; and (b) the commencement of the Migration Amendment (Australia ' s Engagement in the Pacific and Other Measures) Act 2023 . However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. For application provisions, see note under s 90-5(1) . S 104-5(1) will read:
]
104-5(1)
A student meets the citizenship or residency requirements under this section in relation to a unit of study if:
(a) the student is an Australian citizen; or
(b) the student:
(i) is a *permanent humanitarian visa holder, an *eligible former permanent humanitarian visa holder or a *Pacific engagement visa holder; and
(ii) will be resident in Australia for the duration of the unit; or
(c) in the case of a student who is undertaking, or is to undertake, the unit as part of a *bridging course for overseas-trained professionals - the student is a *permanent visa holder who will be resident in Australia for the duration of the unit.
View history note
Hide history note104-5(2)
In determining, for the purpose of paragraph (1)(b) or (c) , whether the student will be resident in Australia for the duration of the unit, disregard any period of residence outside Australia that: (a) cannot reasonably be regarded as indicating an intention to reside outside Australia for the duration of the unit; or (b) is required for the purpose of completing a requirement of that unit.
[ CCH Note: S 104-5(2) will be amended by No 100 of 2023, s 3 and Sch 1 item 5, by substituting " subparagraph (1)(b)(ii) or paragraph (1)(c) " for " paragraph (1)(b) or (c) " , effective the later of: (a) the start of 1 February 2024; and (b) the commencement of the Migration Amendment (Australia ' s Engagement in the Pacific and Other Measures) Act 2023 . However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. For application provisions, see note under s 90-5(1) .]
104-5(2A)
A student also meets the citizenship or residency requirements under this section in relation to a unit of study if the student: (a) is a New Zealand citizen who will be resident in Australia for the duration of the unit; and (b) either:
(i) holds a special category visa under the Migration Act 1958 ; or
(c) both:
(ii) is a *permanent visa holder who, immediately before becoming a permanent visa holder, held a special category visa under the Migration Act 1958 ; and
(i) first began to be usually resident in Australia at least 10 years before the day referred to in subsection (2B) (the test day ); and
(d) has been in Australia for a period of, or for periods totalling, 8 years during the 10 years immediately before the test day; and (e) has been in Australia for a period of, or for periods totalling, 18 months during the 2 years immediately before the test day.
(ii) was a *dependent child when he or she first began to be usually resident in Australia; and
104-5(2AA)
In determining, for the purpose of paragraph (2A)(a) , whether the student will be resident in Australia for the duration of the unit, disregard any period of residence outside Australia that: (a) cannot reasonably be regarded as indicating an intention to reside outside Australia for the duration of that unit; or (b) is required for the purpose of completing a requirement of that unit.
104-5(2B)
For the purposes of subsection (2A) , the day is the earlier of: (a) if the student has previously made a successful *request for Commonwealth assistance under this Chapter for a unit that formed part of the same *course of study - the day the student first made such a request; or (b) otherwise - the day the student made the request for Commonwealth assistance in relation to the unit.
104-5(3)
Despite subsections (1) , (2) and (2A) , a student does not meet the citizenship or residency requirements in relation to a unit of study if the provider reasonably expects that the student will not undertake in Australia any units of study contributing to the *course of study, or the *bridging course for overseas-trained professionals, of which the unit forms a part.
104-5(4)
Despite subsections (1) , (2) and (2A) , a student does not meet the citizenship or residency requirements in relation to a unit of study to which access was provided by *Open Universities Australia if the student was not resident in Australia on the day the student gave the *request for Commonwealth assistance in relation to the unit as referred to in subparagraph 104-1(1)(i)(i) .
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