Students & Condition 8534

Students seeking to study for a course of less than 10 months are often subject to condition 8534[1].  Some level 3 students are also subject to 8534 which states:

The holder will not be entitled to be granted a substantive visa, other than:

(a)      a protection visa; or

(b)      a student visa the application for which must be made on form 157P or 157P (Internet); or

(c)      a Subclass 497 (Graduate – Skilled) visa; or

(d)      a Subclass 580 (Student Guardian) visa;

while the holder remains in Australia.

But by a new Reg 2.05(5A)[2] this can be waived under these circumstances:

(5A)     For subsection 41 (2A) of the Act, further circumstances in which the Minister may waive condition 8534 in relation to a visa are that the holder of the visa:

            (a)        has completed the course for which the visa was granted; and

            (b)        has a genuine intention to apply for a General Skilled Migration visa.

[1] 573.613

[2] See Item 15 Sched 1, Migration Amendment Regulations 2007 (No 7) 1.9.07