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VET STUDENT LOANS ACT 2016 - SECT 11 Citizenship and residency

VET STUDENT LOANS ACT 2016 - SECT 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.