Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

HIGHER EDUCATION SUPPORT ACT 2003 - SECT 118.5

Citizenship or residency requirements

  (1)   The citizenship or residency requirements for * OS - HELP assistance are that the student in question is:

  (a)   an Australian citizen; or

  (b)   a * permanent humanitarian visa holder, an * eligible former permanent humanitarian visa holder or a * Pacific engagement visa holder; or

  (c)   a student to whom subsection   (2) applies.

  (2)   This subsection applies to a student who:

  (a)   is a New Zealand citizen; and

  (b)   either:

  (i)   holds a special category visa under the Migration Act 1958 ; or

  (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

  (c)   both:

  (i)   first began to be usually resident in Australia at least 10 years before the day referred to in subsection   (3) (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.

  (3)   For the purposes of subsection   (2), the day is the earlier of:

  (a)   if the student has previously made a successful * request for Commonwealth assistance under this Chapter in relation to the * course of study the student is enrolled in with the home provider--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 period.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback