Document ID: chunk:federal_register_of_legislation:C2025C00168:section:11
Version: federal_register_of_legislation:C2025C00168
Segment Type: section
Provision Reference: s 11
Character Range: 24839–26393

11  Citizenship and residency
 (1) The student must be:
 (a) an Australian citizen; or
 (b) the holder of a permanent humanitarian visa, or a Pacific engagement visa, who is usually resident in Australia; or
 (c) a qualifying New Zealand citizen.
 (1A) Permanent humanitarian visa has the same meaning in this Act as in the Migration Regulations 1994.
 (1B) A Pacific engagement visa is:
 (a) a visa referred to in the Migration Regulations 1994 as a Subclass 192 (Pacific Engagement) visa; or
 (b) a visa of a kind determined under subsection (1C).
 (1C) The Minister may, by legislative instrument, determine a kind of visa for the purposes of paragraph (1B)(b) if the Minister has been advised by the Minister administering the Migration Act 1958 (the Immigration Minister) that, in the opinion of the Immigration Minister:
 (a) the kind of visa has replaced or will replace:
 (i) the kind of visa mentioned in paragraph (1B)(a); or
 (ii) a kind of visa previously determined under this subsection; and
 (b) the replacement kind of visa is intended to give the same benefits as the replaced kind of visa.
 (2) A qualifying New Zealand citizen is a New Zealand citizen who:
 (a) holds a special category visa; and
 (b) has been usually resident in Australia for at least 10 years; and
 (c) was a dependent child when he or she was first usually resident in Australia; and
 (d) has been in Australia for periods totalling 8 years during the previous 10 years; and
 (e) has been in Australia for periods totalling 18 months during the previous 2 years.