Higher Education Support Act 2003

Schedule 1A - VET FEE-HELP Assistance Scheme  

Note:

See section 6-1 .

PART 2 - VET FEE-HELP assistance  

Division 7 - Who is entitled to VET FEE-HELP assistance  

Subdivision 7-A - Basic rules  

SECTION 44   Citizenship or residency requirements  

44(1)  
The citizenship or residency requirements for *VET FEE-HELP assistance for a *VET unit of study are that the student in question 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) a student to whom subclause (3) applies.

44(2)  
In determining, for the purpose of paragraph (1)(b), 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.

44(3)  
This subclause applies to a student who:


(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 subclause (4) (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.

44(4)  
For the purposes of subclause (3), the day is the earlier of:


(a) if the student has previously made a successful *request for Commonwealth assistance under this Part for a *VET unit of study that formed part of the same *VET 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.




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