Overview
Am I a pre-2005 HECS student?
Eligibility for HECS-HELP for pre-2005 HECS students
New Zealand citizens who do not also hold a permanent visa
Holder of a permanent visa (other than a permanent humanitarian visa)
What are the prescribed residency requirements?
Overview
From 2005, the Australian Government's reforms to higher education, announced in the policy statement, Our Universities: Backing Australia's Future, came into effect. The reforms include changes to HECS. For information on the changes and how they affect you, get a copy of the Want to know about the changes to HECS and PELS? brochure from your provider or download a copy.
As part of the reforms, the Australian Government put in place transitional arrangements for HECS students who are continuing with a course of study they began before 2005. Students who are considered to be pre-2005 HECS students:
- are taken to be Commonwealth supported students for the course;
- are able to access HECS-HELP assistance based on the eligibility criteria that applied under HECS for units of study that form part of that course; and
- will not be charged student contribution amounts above what would have been the HECS rate for that particular year (see How much do I contribute?).
These transitional arrangements will remain in place until the end of 2008.
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Am I a pre-2005 HECS student?
You are a pre-2005 HECS student if you commenced your course of study as a HECS student before 1 January 2005 and have not discontinued your enrolment or completed the requirements of the course.
If you discontinue your enrolment, for example, by formally withdrawing from your course or allowing your enrolment to lapse without formal authorisation from your higher education provider, you will no longer be considered a pre-2005 HECS student. The following circumstances will not be seen as a discontinuance of your enrolment and you will therefore still be considered a pre-2005 HECS student:
- taking a leave of absence approved by your provider or deferring;
- transferring to another course at the same level. For example, from one undergraduate course to another, including from a single degree to a double degree, at the same or a different provider;
- being admitted to a course after completing the requirements of a qualifying or preliminary course at the same level (only applies if you commenced the qualifying or primary course after 1996); or
- being admitted to an honours course after completing the related pass course.
Your provider can assist you in determining whether you are a pre-2005 HECS student.
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Eligibility for HECS-HELP for pre-2005 HECS students
If you are a pre-2005 HECS student, who is a New Zealand citizen or the holder of a permanent visa (other than a permanent humanitarian visa) you will be eligible for HECS-HELP assistance if you meet the eligibility requirements that were in place under HECS. Once you no longer meet these requirements, you will no longer be eligible for HECS-HELP assistance.
These transitional arrangements cease on 31 December 2008. You will no longer be eligible for HECS-HELP assistance from this date unless you become an Australian citizen8 or the holder of a permanent humanitarian visa and meet the other requirements for assistance.
If you are not eligible for HECS-HELP assistance, you may still be eligible for a Commonwealth supported place but you must pay your student contribution up-front, in full, on or before the census date (or an earlier date set by your provider) for your unit of study. You will not receive a discount for this up-front payment.
8 A person does not meet the Australian citizenship requirements for access to Commonwealth assistance until the person is an Australian citizen. That is, the person must have taken the Australian Citizenship Pledge and be in possession of their certificate of Australian Citizenship.
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New Zealand citizens who do not also hold a permanent visa
If you are a pre-2005 HECS student who is a New Zealand citizen (and you are also not an Australian citizen or the holder of a permanent visa), you are only eligible for HECS-HELP assistance if you commenced your course of study before 1 January 1996 and have been living in Australia for a continuous period of at least 2 years.
Note: Most New Zealand citizens who arrive in Australia are the holders of a temporary visa called a Special Category Visa (SCV). This is not a permanent visa.
The Department of Immigration and Citizenship may issue a Certificate of Status of New Zealand Citizens in Australia - Form 1162 to some New Zealand citizens. This certificate certifies the status of its holder as a permanent resident in Australia for the purposes of applying for a grant of Australian citizenship and accessing certain social security payments. However, the holder of this certificate is not entitled to HECS-HELP assistance.
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Holder of a permanent visa9 (other than a permanent humanitarian visa)
If you are a pre-2005 HECS student who holds a permanent visa (other than a permanent humanitarian visa), you are eligible for HECS-HELP assistance if you:
- do not satisfy the prescribed residency requirements or, if you do, you first did so in the 12 months immediately preceding enrolment day; or
- became the holder of a permanent visa before 1 January 1996; or
- commenced your current course of study before 1 January 1996.
Generally, if you are the holder of a permanent visa who is a pre-2005 HECS student, you will be eligible for HECS-HELP assistance for your first three years in Australia as the holder of a permanent visa. Once those three years have passed, if you have not become an Australian citizen, you will no longer be eligible for HECS-HELP assistance.
The basic principle is that if you are the holder of a permanent visa, but you do not yet meet the requirements for Australian citizenship (the prescribed residency requirements), you are eligible for HECS-HELP assistance. If you satisfied the prescribed residency requirements 12 months or more before the enrolment date, but choose not to become an Australian citizen, you are ineligible for HECS-HELP assistance. The intention is that students have up to 12 months after becoming eligible for citizenship to consider whether they wish to become an Australian citizen and make the necessary arrangements, during which time they remain eligible for HECS-HELP assistance. However, once those 12 months are up, if you choose to not become an Australian citizen, you will no longer be eligible for HECS-HELP assistance.
9 If you applied for a permanent visa outside Australia, you became the holder of a permanent visa on the date on which you entered Australia for the first time with that permanent visa. If you applied for a permanent visa from within Australia, you became a permanent resident on the date on which you were granted that permanent visa for the first time.
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What are the prescribed residency requirements?
Once you have been present in Australia for a total of 2 years as the holder of a permanent visa, you are eligible to apply for Australian citizenship. This is because you have met the residence requirements for Australian citizenship as required by the Australian Citizenship Act 1948 (administered by the Department of Immigration and Citizenship
).
To satisfy the residence requirements for Australian citizenship, you must have been present in Australia as the holder of a permanent visa for periods totalling at least 2 years in the last 5 years. This time must include a total of 12 months in the last 2 years, immediately before lodging your citizenship application. Any periods of time spent outside Australia since becoming the holder of a permanent visa will not be counted toward the two years residence requirement for Australian citizenship. To confirm your residency status, contact the Citizenship Information Line on 13 18 80.
If you hold a permanent visa and are a pre-2005 HECS student, the following chart will help you work out whether you are eligible for HECS-HELP assistance.
|
Example
| 10 October 2002 |
Adeel came to Australia as the holder of an Australian permanent visa. He has not left Australia since his arrival. |
| 19 February 2004 |
Adeel enrols in a Bachelor of Arts degree and is eligible to defer his HECS payment. |
| 10 October 2005 |
Adeel has now resided in Australia as the holder of an Australian permanent visa for a period of three years. He has not become an Australian citizen. |
| 19 February 2007 |
Adeel enrols in his forth year of the Bachelor of Education and is a pre-2005 HECS student. Under the pre-2005 HECS arrangements, he is not entitled to HECS-HELP assistance and must pay his student contribution amount up-front, in full. However, if Adeel becomes an Australian citizen10, he will be entitled to HECS-HELP. | |
Eligibility for HECS-HELP for pre-2005 HECS students who are the holders of a permanent visa
Your provider can help determine your eligibility for HECS-HELP assistance. You will need to check with your provider regarding what documentation is required to demonstrate your residence status.
10 A pre-2005 HECS student may receive HECS-HELP if they have been granted a Certificate of Australian citizenship but have not yet made the pledge as required under the Australian Citizenship Act 1948. This student must attend a citizenship ceremony and make the pledge within 12 months of their citizenship being approved.
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