hello--hope this helps!
http://www.immi.gov.au/legislation/a...1032003-12.htm
Student visa changes
1 March 2003 - Legislation change
Client summary
From 1 March 2003, immigration law has been amended to give effect to changes to the Student Visa Program. The changes are detailed below.
Technical details
Additional information:
New waiver provision for condition 8534
The 'No Further Stay' condition 8534 precludes the student visa holder from making a valid application for a further visa (except a Protection visa, subclass 497 Graduate-Skilled visa, or Student visa with permission to work) while they remain in Australia.
However, condition 8534 may be waived. The waiver provisions require the student visa holder to have applied for a subclass 497 (Graduate-Skilled) visa and restricts the person to making further applications for skilled migration only, while they remain in Australia.
Alternatively, the student visa holder must demonstrate that compassionate and compelling circumstances exist which support the grant of a further visa.
From 1 March 2003, condition 8534 may also be waived if the person:
- is registered as a nurse in Australia or satisfies the requirements for registration as a nurse in Australia; and
- meets certain English language proficiency requirements.
Persons who have condition 8534 waived under the new provision are subject to a new regulation 2.07AH. This regulation provides that the initial visa application made after the waiver is limited and they are only able to make a valid application for a subclass 457 (Business (Long Stay)) visa.
Once the applicant has had condition 8534 waived and validly applied for a subclass 457 visa they are no longer bound by regulation 2.07AH.
Work rights for dependants of Masters and Doctorate students
Initial student visas are granted subject to a condition precluding the holder from working while in Australia. Once a student has commenced their course of study they, and their dependants, may be granted permission to work.
An exception applied to applicants for a student visa as a dependant of a Masters or Doctorate student. Such applicants were able to obtain permission to work immediately if they had previously been a student and held limited work rights.
From 1 March 2003, these provisions have been amended so that dependants of Masters and Doctorate students, like other student dependants, may only be granted permission to work once the student has commenced their course.
Transitional arrangements: The new waiver provision for condition 8534 will be available to student visa holders from 1 March 2003 and the changes to work rights will apply to all applications lodged on or after 1 March 2003.
Forms: Nil.
Instructions: PAM 3 guidelines have been amended.
Effect on delegations: Nil.
Effect on systems: Nil.