31. Student eligibility

be studying an approved course with an approved provider
apply for the loan using the approved form (eCAF), and including all relevant information
have not used all of their HELP loan limit
meet the citizenship and residency requirements
show they’re academically suited to the course
be undertaking the course primarily at a campus in Australia. If the student will be studying overseas via distance education for their entire course, they will not be eligible for a VET Student Loan.
supply their Tax File Number and Unique Student Identifier
submit their VSL application by 11:59 pm AEST on or before the Census Day for the first unit of the course for which they are requesting a loan, and 2 or more business days after enrolling.

Note: To clarify, ‘primarily’ indicates that the student will have an Australian residential address. They will also be intending to be in Australia for the majority of the course. The flexibility in this provision facilitates a student being able to continue their studies online while being overseas for a short period of time. It does not provide VSL access for students who are primarily residing overseas.

31.1 - Citizenship and residency

The provider is responsible for ensuring students meet the citizenship and residency criteria for a VET Student Loan.

You must collect and verify this information. You must retain a copy (paper or electronic) of information collected in satisfying identity, citizenship and visa status for a period of 5 years.

The VSL program has strict citizenship, visa and residency requirements. It’s not available for all Australian residents.

To meet the citizenship and residency requirements, the student must be:

an Australian citizen or
a permanent humanitarian visa holder who is usually resident in Australia or
a Pacific Engagement visa holder who is usually resident in Australia or
a qualifying New Zealand citizen.

Permanent humanitarian visas and Pacific Engagement visas are defined in the Migration Regulations 1994, Volume 1, Part 1, Regulation 1.03 – Definitions. See the Migration Regulations 1994 for the latest version of the Migration Regulations.

Students can use the VSL eligibility check on Your Career to check if they are likely to meet the eligibility requirements before applying.

You should not upload a student’s details into the eCAF unless you’re satisfied the student meets the eligibility criteria.

If you have enquiries about visas, you should contact the Department of Home Affairs (Home Affairs).

31.2 - Australian citizenship

Australian citizens must meet the citizenship and residency criteria for a VET Student Loan.

Applicants can show you a current Australian passport as evidence of their Australian citizenship.

First Nations applicants not registered at birth by the relevant state/territory authority can give you a Statutory Declaration Form - citizenship - First Nations student - birth not registered. This option is only for students to whom these circumstances apply. The Statutory Declaration must be witnessed by a person included in the List of Occupations or the List of Persons provided in the template.

If an applicant doesn’t have a current Australian passport or does not provide a First Nations statutory declaration, the evidence they need to show their Australian citizenship depends on whether they were born:

in Australia before 20 August 1986
in Australia on or after 20 August 1986
overseas.

See Appendix G for the eligibility criteria for Australian citizens.

Applicants who don’t already have proof of citizenship will need to take the Department of Home Affairs’ citizenship application processing times into account before applying for a VET Student Loan. Processing times are published on the Home Affairs website.

31.3 - Permanent humanitarian visa holders

Permanent humanitarian visa holders who are usually resident in Australia meet the citizenship and residency criteria for a VET Student Loan.

To check if the class of visa held by an applicant for a VET Student Loan is a permanent humanitarian visa, go to the Home Affairs website. Its Visa Entitlement Verification Online (VEVO) service allows you to check visa details and conditions, including the visa type and expiry date.

It’s up to the provider to determine whether a student is ‘usually resident in Australia’. You must:

consider whether they will be living in Australia for the duration of their course
disregard any periods spent outside of Australia if:
these cannot be reasonably regarded as indicating an intention to live outside Australia for the duration of the course, or
the student needs to leave Australia to complete the requirements of the course.

31.4 - Pacific Engagement visa holders

VSL eligibility for Pacific Engagement visa (PEV) holders usually resident in Australia applies to VSL course of study and/or units which have census dates on or after 1 February 2024.

To confirm if the visa class held by a person applying for a VSL is a Pacific Engagement visa, contact Home Affairs. Home Affairs’ Visa Entitlement Verification Online (VEVO) allows visa holders, education providers and other organisations to check visa details and conditions, including information of the visa type and expiry date.

In determining whether a pacific engagement visa holder will be resident in Australia for the duration of their course, you must disregard any periods spent outside of Australia if the holder:

cannot be reasonably regarded as indicating an intention to reside outside of Australia for the duration of the course or
is required to leave Australia to complete the requirements of that course.

31.5 - New Zealand citizens

Some New Zealand citizens meet the citizenship and residency criteria for a VET Student Loan.

A New Zealand citizen is eligible if they hold a Special Category visa and meet all the following residency criteria:

have usually been resident in Australia for at least 10 years
were a dependent child aged under 18 when they first became usually resident in Australia
have been in Australia for periods totalling 8 years during the previous 10 years, and
have been in Australian for periods totalling 18 months during the previous 2 years.

Most New Zealand citizens who arrive in Australia hold a temporary visa called a Special Category visa (SCV). This is not a permanent visa, but it allows the holder to visit, live and work in Australia indefinitely.

Evidence that an applicant is a New Zealand SCV holder

New Zealand citizens who arrive in Australia using a New Zealand passport and don’t already have a valid Australian visa automatically receive an SCV if they meet certain security, character and health requirements. There are no prior forms, fees or applications required for this.

The SCV is a temporary visa that remains in place for as long as they remain in Australia but expires as soon as they leave Australia. A New Zealand citizen must therefore be an SCV holder on the day they apply for a VSL loan. This means they cannot apply for the loan while they are not in Australia.

Evidence that a New Zealand SCV holder meets the residency criteria

New Zealand SCV holder applicants must provide evidence that they:

began living in Australia as a child at least 10 years before applying for VSL
have been in Australia for at least 8 years out of the previous 10 years and for at least 18 months out of the previous 2 years.

If necessary, applicants can obtain copies of their international movement records from the Department of Home Affairs by lodging a Request for International Movement Records form.

Please check that the applicant’s movement record is up to date and includes details from the last 2 years.

Effect on VSL eligibility when a New Zealand citizen becomes a permanent resident of Australia

New Zealand citizens who gain permanent residency in Australia lose their SCV status. This means they’re not eligible for VSL from that point on, because permanent residency doesn’t meet the citizenship requirements for VSL.

Therefore, if a student loses their New Zealand SCV status for any reason, they will become ineligible for VSL for all units of study with census dates after their SCV status ends.

Note: A permanent residency visa holder is generally on a pathway to Australian citizenship. Once they become an Australian citizen, they can access VSL. This access starts from the date of their citizenship ceremony or, in some case, approval of their citizenship application.

Legislation: Act s7 (1)(b), s 10–11, Act Part 2, Division 4, Rules s 85(2)(c) and s 105(d).