Migration Amendment (2022 Measures No. 1) Regulations 2022 (Cth)

Migration Amendment (2022 Measures No. 1) Regulations 2022

I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 03 March 2022

David Hurley

Governor‑General

By His Excellency’s Command

Alex Hawke

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

Contents

1Name

This instrument is the Migration Amendment (2022 Measures No. 1) Regulations 2022.

2Commencement

1. (1)

   Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	5 March 2022.	5 March 2022

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

1. (2)

   Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3Authority

This instrument is made under the Migration Act 1958.

4Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Work conditions in relation to Subclass 500 (Student) visas

Migration Regulations 1994

1

Subclause 8104(2) of Schedule 8

Omit “If”, substitute “Subject to subclauses (2A) and (2B), if”.

2

After subclause 8104(2) of Schedule 8

Insert:

1. (2A)

   Subclause (2) does not apply to the holder if:

   1. (a)

      at the time of applying for the visa, the holder held a substantive visa or a bridging visa (the previous visa); and

   2. (b)

      the holder was permitted to work in Australiaduring the period that the previous visa was in effect.

2. (2B)

   Subclause (2) does not apply to the holder if the person who satisfies the primary criteria for the grant of the student visa:

   1. (a)

      held a substantive visa or a bridging visa (the previous visa) at the time of applying for the student visa; and

   2. (b)

      was permitted to work in Australiaduring the period that the previous visa was in effect.

3. (2C)

   If subclause (2) does not apply to the holder because of subclause (2A) or (2B), then despite subclause (1), the holder may engage in work for more than 40 hours a fortnight:

   1. (a)

      while the holder is in Australia; and

   2. (b)

      before the course of study mentioned in subclause (2) commences.

3

Subclause 8105(1A) of Schedule 8

Omit “The”, substitute “Subject to subclause (1B), the”.

4

After subclause 8105(1A) of Schedule 8

Insert:

1. (1B)

   Subclause (1A) does not apply to the holder if:

   1. (a)

      at the time of applying for the visa, the holder held a substantive visa or a bridging visa (the previous visa); and

   2. (b)

      the holder was permitted to work in Australiaduring the period that the previous visa was in effect.

Schedule 2Application arrangements for Subclass 445 (Dependent Child) visas

Migration Regulations 1994

1

Subparagraph 4.02(4)(s)(ii)

Omit “or”.

2

Subparagraph 4.02(4)(s)(iii)

Repeal the subparagraph.

3

After paragraph 4.02(4)(s)

Insert:

1. (sa)

   a decision made after the commencement of this paragraph to refuse to grant a Subclass 445 (Dependent Child) visa if the visa was applied for by an applicant who was outside Australia when the application was made;

4

After paragraph 4.02(5)(r)

Insert:

1. (ra)

   in the case of a decision to which paragraph (4)(sa) applies—the sponsor;

5

Paragraph 1211(3)(ab) of Schedule 1

Repeal the paragraph, substitute:

1. (ab)

   Applicant claims to be a dependent child of a person, and the person holds:

   1. (i)

      a Subclass 309 (Spouse (Provisional)) visa; or

   2. (ii)

      a Subclass 309 (Partner (Provisional)) visa; or

   3. (iii)

      a Subclass 310 (Interdependency (Provisional)) visa; or

   4. (iv)

      a Subclass 445 (Dependent Child) visa; or

   5. (v)

      a Subclass 820 (Spouse) visa; or

   6. (vi)

      a Subclass 820 (Partner) visa; or

   7. (vii)

      a Subclass 826 (Interdependency) visa.

6

Clause 445.312 of Schedule 2

Omit “445.211(c)”, substitute “445.211(b)”.

7

Clauses 445.411 and 445.412 of Schedule 2

Repeal the clauses, substitute:

445.411

The applicant may be in or outside Australia at the time of grant, but not in immigration clearance.

Schedule 3Application arrangements for Subclass 155 and 157 (Resident Return) visas

Migration Regulations 1994

1

Paragraphs 1128(3)(aa) and (b) of Schedule 1

Repeal the paragraphs, substitute:

1. (b)

   The applicant may be in or outside Australia, but not in immigration clearance.

2

Clauses 155.411 and 155.412 of Schedule 2

Repeal the clauses, substitute:

155.411

The applicant may be in or outside Australia, but not in immigration clearance, at the time of grant.

3

Clauses 157.411 and 157.412 of Schedule 2

Repeal the clauses, substitute:

157.411

The applicant may be in or outside Australia, but not in immigration clearance, at the time of grant.

Schedule 4Application and transitional provisions

Migration Regulations 1994

1

In the appropriate position in Schedule 13

Insert:

Part 105—Amendments made by the Migration Amendment (2022 Measures No. 1) Regulations 2022

10501Operation of Schedule 1 (Subclass 500 (Student) visas)

The amendments of these Regulations made by items 1 to 4 of Schedule 1 to the Migration Amendment (2022 Measures No. 1) Regulations 2022 apply on and after the commencement of that Schedule in relation to visas granted before, on or after that commencement.

10502Operation of Schedule 2 (Subclass 445 (Dependent Child) visas)

1. (1)

   The amendments of these Regulations made by items 1 to 4 of Schedule 2 to the Migration Amendment (2022 Measures No. 1) Regulations 2022 apply in relation to decisions to refuse to grant Subclass 445 (Dependent Child) visas made after the commencement of that Schedule, whether the application for the visa was made before, on or after that commencement.

2. (2)

   The amendment of these Regulations made by item 5 of Schedule 2 to the Migration Amendment (2022 Measures No. 1) Regulations 2022 applies in relation to visa applications made on or after the commencement of that Schedule.

3. (3)

   The amendment of these Regulations made by item 7 of Schedule 2 to the Migration Amendment (2022 Measures No. 1) Regulations 2022 applies in relation to visa applications made before, on or after the commencement of that Schedule.

10503Operation of Schedule 3 (Subclass 155 and 157 (Resident Return) visas)

1. (1)

   The amendment of these Regulations made by item 1 of Schedule 3 to the Migration Amendment (2022 Measures No. 1) Regulations 2022 applies in relation to visa applications made on or after the commencement of that Schedule.

2. (2)

   The amendments of these Regulations made by items 2 and 3 of Schedule 3 to the Migration Amendment (2022 Measures No. 1) Regulations 2022 apply in relation to visa applications made before, on or after the commencement of that Schedule.