Higher Education Support Act 2003

Chapter 3 - Assistance to students  

PART 3-3 - FEE-HELP ASSISTANCE  

Division 104 - Who is entitled to FEE-HELP assistance?  

Subdivision 104-A - Basic rules  

SECTION 104-5   Citizenship or residency requirements  

104-5(1)  
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 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.

104-5(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.

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; and


(b) holds a special category visa under the Migration Act 1958 ; and


(c) both:


(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

(ii) was a *dependent child when he or she first began to be usually resident in Australia; 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.

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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