Migration Amendment Regulations 2002 (No. 2) (Cth)
Migration Amendment Regulations 2002 (No. 2) 1
Statutory Rules 2002 No. 86 2
I, PETER JOHN HOLLINGWORTH, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the
Migration Act 1958 .Dated 2 May 2002
PETER HOLLINGWORTH
Governor-General
By His Excellency’s Command
CHRISTOPHER MARTIN ELLISON
Minister for Justice and Customs
for the Minister for Immigration and Multicultural and
Indigenous Affairs
• • • • •
These Regulations are the
Migration Amendment Regulations 2002 (No. 2) .
These Regulations commence as follows:
(a) on gazettal — regulations 1 to 4 and Schedule 1;
(b) on 1 July 2002 — regulation 5 and Schedule 2.
Schedules 1 and 2 amend the
Migration Regulations 1994 .
The amendment made by Schedule 1 applies in relation to an application for a visa:
(a) made, but not finally determined (within the meaning of subsection 5 (9) of the
Migration Act 1958 ), before the date of the commencement of Schedule 1; or(b) made on or after the date of the commencement of Schedule 1.
(1) The amendments made by items [2127] and [2128] of Schedule 2 apply in relation to an assessment of a person’s skills made by a relevant assessing authority on or after 1 July 2002.
(2) The amendments made by items [2101] to [2106], [2110] to [2118], [2119], [2122], [2126], [2129], [2132], [2201], [2204] to [2212], [2215] to [2217], [2301], [2304] to [2306], [2308], [2311], [2313], [2315], [2318], [2322] to [2327], [2329] to [2338], [2340] to [23106], [23109] to [23111], [2401], [2501] to [2527], [2602], and [2801] of Schedule 2 apply in relation to an application for a visa made on or after 1 July 2002.
(3) The amendments made by items [2107] to [2109] of Schedule 2 apply in relation to an application for approval made on or after 1 July 2002.
(4) The amendment made by item [2133] of Schedule 2 applies in relation to a decision, or a decision included in a class of decisions, made on or after 1 July 2002 under a provision of the
Migration Act 1958 .(5) The amendments made by items [2202], [2302], [2303], [2307], [2309], [2310], [2312], [2314], [2316], [2317], [2319] to [2321], [2328], [23107], [23108] and [2601] of Schedule 2 apply in relation to an application for a visa:
(a) made, but not finally determined (within the meaning of subsection 5 (9) of the
Migration Act 1958 ), before 1 July 2002; or(b) made on or after 1 July 2002.
(6) The amendments made by items [2123], [2124], [2130] and [2131] of Schedule 2 apply in relation to a review application:
(a) made, but not finally determined (within the meaning of subsection 5 (9) of the
Migration Act 1958 ), before 1 July 2002; or(b) made on or after 1 July 2002.
(regulation 3)
substitute
(b) Second instalment (payable before grant of visa): Nil.
(regulation 3)
[2 1 0 1 ] Regulation 1.03, definition of assisted student
omit
substitute
(c) there is no compelling reason to believe that the grant of a visa would not be in the best interests of the applicant.
substitute
(a) if the application is for a permanent visa (other than a Business Skills (Migrant) (Class AD), Partner (Migrant) (Class BC), Business Skills (Residence) (Class BH), Resolution of Status (Residence) (Class BL) or Partner (Residence) (Class BS) visa) — the sponsor undertakes to assist the applicant, to the extent necessary, financially and in relation to accommodation:
(i) if the applicant is in Australia — during the period of 2 years immediately following the grant of that visa; or
(ii) if the applicant is outside Australia — during the period of 2 years immediately following the applicant’s first entry into Australia under that visa;
including any period of participation by the applicant in the program known as the Adult Migrant English Program administered by Immigration that falls within that period;
omit (Class UH) or Partner (Provisional) (Class UF)
insert (Class UH), Partner (Provisional) (Class UF), Partner (Temporary) (Class UK) or Extended Eligibility (Temporary) (Class TK)
substitute
(c) if the application is a concurrent application for a Partner (Provisional) (Class UF) and a Partner (Migrant) (Class BC) visa or a Partner (Temporary) (Class UK) and a Partner (Residence) (Class BS) visa, the sponsor undertakes to assist the applicant, to the extent necessary, financially and in relation to accommodation:
(i) if the applicant is in Australia — during the period of 2 years immediately following the grant of the provisional or temporary visa; or
(ii) if the applicant is outside Australia — during the period of 2 years immediately following the applicant’s first entry into Australia after the grant of the provisional or temporary visa;
omit visa.
insert visa;
insert
(e) if the application is for an Extended Eligibility (Temporary) (Class TK) visa, the sponsor undertakes to assist the applicant, to the extent necessary, financially and in relation to accommodation, during the period of 2 years immediately following the applicant’s entry into Australia as the holder of the visa.
after approval is
insert actively and
substitute
(d) the Minister is satisfied that nothing adverse is known to Immigration about the business background of:
(i) the applicant for approval; or
(ii) any officer of any of the entities that constitute the applicant for approval; or
(iii) any individual who is a member of a partnership that is 1 of the entities that constitute the applicant for approval; and
insert
(2A) In subparagraph (2) (d) (ii):
officer , for a corporation, means an officer of the corporation within the meaning of theCorporations Act 2001 .
substitute
1.20J Limitation on approval of sponsorships — spouse, prospective spouse and interdependency visas
omit nomination
insert sponsorship
omit nominator;
insert sponsor;
omit or nominator
omit or nomination
omit sponsor or nominator.
insert sponsor.
substitute
1.20K Limitation on sponsorships — remaining relative visas
omit Subclass 115 visa to an applicant
insert Subclass 115 or Subclass 835 visa to an applicant
omit
insert
(5) For subsection 41 (2A) of the Act, the circumstances in which the Minister may waive condition 8534 in relation to a visa are that the holder of the visa:
(a) has, after holding a student visa to which condition 8534 applies, been granted:
(i) a Subclass 497 (Graduate — Skilled) visa; or
(ii) a Subclass 010 (Bridging A) visa or a Subclass 020 (Bridging B) visa associated with the Subclass 497 (Graduate — Skilled) visa application; and
(b) has not, after holding a student visa to which condition 8534 applies, been granted a protection visa.
insert
(4) An application for a visa that is made using an approved form is not a valid application if the applicant does not set out his or her residential address:
(a) in the form; or
(b) in a separate document that accompanies the application.
omit
insert
(1) For section 46 of the Act, an application for a substantive visa by a person mentioned in subregulation (2) is a valid application only if the application is for a Class DD or Class DE visa.
(2) The person:
(a) holds:
(i) a Subclass 497 (Graduate — Skilled) visa; or
(ii) a Subclass 010 (Bridging A) visa or a Subclass 020 (Bridging B) visa associated with the Subclass 497 (Graduate — Skilled) visa application; and
(b) is a person for whom condition 8534 has been waived under subregulation 2.05 (5).
omit instead
insert also
insert
(2A) Subregulation (2B) applies if:
(a) a person (the
applicant ) applies for a Prospective Marriage (Temporary) (Class TO) visa (thevisa application ); and(b) the Minister refuses to grant the visa; and
(c) the applicant or the sponsor of the applicant makes an application for review of the Minister’s decision to the Migration Review Tribunal (the
review application ); and(d) the review application is made in accordance with the Act; and
(e) in the period after the Minister’s decision is made and before the review application is finally determined, the applicant marries the person who was specified, in the application for the visa, as the applicant’s prospective spouse; and
(f) the applicant notifies the Migration Review Tribunal of the marriage; and
(g) the marriage is recognised as valid for the purposes of the Act.
(2B) For paragraph 349 (2) (c) of the Act, the Migration Review Tribunal must remit the visa application to the Minister for reconsideration, with the direction that the application be taken also to be an application:
(a) for:
(i) a Partner (Migrant) (Class BC) visa; and
(ii) for a Partner (Provisional) (Class UF) visa; and
(b) that is made on the day that the visa application is remitted to the Minister.
substitute
2.12A Safe third country and prescribed connection (Act s 91D)
(1) For paragraph 91D (1) (a) of the Act, PRC is a safe third country in relation to a person who:
(a) either:
(i) is, or has been, a Vietnamese refugee settled in PRC; or
(ii) is a close relative of, or is dependent on, a person who is, or has been, a Vietnamese refugee settled in PRC;
as covered by the agreement between Australia and PRC; and
(b) entered Australia without lawful authority on or after 1 January 1996.
(2) For paragraph 91D (1) (b) of the Act, a person mentioned in subregulation (1) has a prescribed connection with PRC if the person, or a parent of the person, resided in PRC at any time before the person entered Australia.
(3) In this regulation:
(a)
agreement between Australia and PRC means the agreement constituted by the Memorandum of Understanding the English text of which is set out in Schedule 11, together with the exchange of letters between representatives of Australia and PRC dated 4 April 2002 and 5 April 2002 the text of which is set out in Schedule 12;(b) the use of the word
Vietnamese is a reference to nationality or country of origin and is not an ethnic description.
Note 1 PRC is defined in regulation 1.03.
Note 2 This regulation ceases to be in force at the end of 30 June 2004 — see subsection 91D (4) of the Act.
[2 126 ] Subregulation 2.26A (6), definition of degree
omit educational qualification
insert educational qualification, under the Australian Qualifications Framework,
omit The Minister may,
insert
(1) The Minister may,
insert
(2) The standards against which the skills of a person are assessed by a relevant assessing authority for a skilled occupation must be the standards set by the relevant assessing authority for the skilled occupation.
substitute
In determining whether an applicant satisfies a criterion that the applicant has been employed in a skilled occupation for a certain period, a period of employment in Australia must not be counted unless the applicant:
(a) held a substantive visa authorising him or her to work during that period; and
(b) complied with the conditions of that visa.
omit a permissible direction
insert subject to subregulation (4), a permissible direction
[2 131 ] After subregulation 4.15 (3), including the notes
insert
(4) If, under subregulation 2.08E (2B), the MRT remits a prescribed matter mentioned in paragraph (1) (a) to the Minister for reconsideration, the MRT must not make a direction in relation to that matter other than the direction mentioned in subregulation 2.08E (2B).
omit subregulation 2.26 (5))
insert subregulation 2.26A (6))
insert
5.35AA Decisions that are not privative clause decisions For subsection 474 (5) of the Act, a decision, or a decision included in a class of decisions, made under a provision of the Act set out in the following table is not a privative clause decision.
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omit
substitute
(b) Application by a person who is usually resident in a foreign country specified in a Gazette Notice must be made to an address that is specified in the Gazette Notice for that country.
(c) Application by a person claiming to be a member of the family unit of a person who is an applicant for a Business Skills (Migrant) (Class AD) visa may be made at the same time and place as, and combined with, the application by that person.
substitute
(b) Second instalment (payable before grant of visa): Nil.
omit
omit everything before subparagraph (i), insert
(p) If the applicant is, or was at any time, the holder of an AusAID student visa within the meaning of regulation 1.04A or of a Subclass 560, 562, 563, 570, 571, 572, 573, 574, 575 or 576 visa granted to the applicant for a course of study or training for which the applicant is or was provided financial support by the Commonwealth, the government of a State or Territory, the government of a foreign country or a multilateral agency:
insert
(pa) An applicant who is, or was at any time, a member of the family unit of a person who was the holder of a visa of a kind mentioned in paragraph (p) must have spent at least 2 years outside Australia since that person ceased, completed, withdrew from or was excluded from the course of study or training to which the visa related.
omit everything before subparagraph (i), insert
(m) If the applicant is, or was at any time, the holder of an AusAID student visa within the meaning of regulation 1.04A or of a Subclass 560, 562, 563, 570, 571, 572, 573, 574, 575 or 576 visa granted to the applicant for a course of study or training for which the applicant is or was provided financial support by the Commonwealth, the government of a State or Territory, the government of a foreign country or a multilateral agency:
insert
(ma) An applicant who is, or was at any time, a member of the family unit of a person who was the holder of a visa of a kind mentioned in paragraph (m) must have spent at least 2 years outside Australia since that person ceased, completed, withdrew from or was excluded from the course of study or training to which the visa related.
[2 2 0 8 ] Sub-subparagraphs 1211 (2) (a) (i) (A) and (B)
omit Subclass 309, 310, 820 or 826
insert Subclass 309, 310, 445, 820 or 826
omit Subclass 309, 310, 820 or 826
insert Subclass 309, 310, 445, 820 or 826
substitute
(j) Application must be made by:
(i) posting the application (with the correct pre-paid postage) to the post office box address specified by the Minister; or
(ii) having the application delivered by a courier service to the address specified by the Minister.
omit everything before subparagraph (i), insert
(k) If the applicant is, or was at any time, the holder of an AusAID student visa within the meaning of regulation 1.04A or of a Subclass 560, 562, 563, 570, 571, 572, 573, 574, 575 or 576 visa granted to the applicant for a course of study or training for which the applicant is or was provided financial support by the Commonwealth, the government of a State or Territory, the government of a foreign country or a multilateral agency:
insert
(ka) An applicant who is, or was at any time, a member of the family unit of a person who was the holder of a visa of a kind mentioned in paragraph (k) must have spent at least 2 years outside Australia since that person ceased, completed, withdrew from or was excluded from the course of study or training to which the visa related.
omit
omit 48R
insert 48S
omit usually resident
omit country for usual residence, is usually resident
insert country, is
substitute
(1) Form:
(a) If the applicant had not applied for, and was not granted, a Subclass 417 (Working Holiday) visa in the period between 1 July 2000 and 30 June 2002 (inclusive):
(i) if the application is an Internet application: 1150E
(ii) if the application is not an Internet application: 1150.
(b) If the applicant had applied for, and was granted, a Subclass 417 (Working Holiday) visa in the period between 1 July 2000 and 30 June 2002 (inclusive): 1150.
(2) Visa application charge:
(a) For an applicant who applied for, and was granted, a Subclass 417 (Working Holiday) visa in the period between 1 July 2000 and 30 June 2002 (inclusive): Nil.
(b) In any other case:
(i) First instalment (payable at the time application is made): $155
(ii) Second instalment (payable before grant of visa): Nil.
(3) Other:
(a) For an applicant who applied for, and was granted, a Subclass 417 (Working Holiday) visa in the period between 1 July 2000 and 30 June 2002 (inclusive):
(i) applicant must not be in immigration clearance; and
(ii) application must not be made in immigration clearance.
(b) In any other case:
(i) application must be made outside Australia; and
(ii) applicant must be outside Australia.
(c) An Internet application made on form 1150E is taken to have been made outside Australia.
substitute
(i) is:
(A) the natural child; or
(B) the step-child within the meaning of paragraph (b) of the definition of
step-child ;of the Australian citizen, Australian permanent resident or eligible New Zealand citizen mentioned in paragraph (a); or
insert
105.613 Condition 8515 may be imposed.
insert
106.613 Condition 8515 may be imposed.
substitute
117.111 In this Part:
Australian relative means a relative of the applicant who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.
Note dependent child ,eligible New Zealand citizen ,relative andsettled are defined in regulation 1.03,orphan relative is defined in regulation 1.14, andspouse is defined in regulation 1.15A.
substitute
117.211 The applicant:
(a) is an orphan relative of an Australian relative of the applicant; or
(b) is not an orphan relative only because the applicant has been adopted by the Australian relative mentioned in paragraph (a).
117.212 The applicant is sponsored:
(a) by the Australian relative, if the relative:
(i) has turned 18; and
(ii) is a settled Australian citizen, a settled Australian permanent resident, or a settled eligible New Zealand citizen; or
(b) by the spouse of the Australian relative, if the spouse:
(i) has turned 18; and
(ii) is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; and
(iii) cohabits with the Australian relative.
omit subregulation 2.26 (5)),
insert subregulation 2.26A (6)),
insert
126.613 Condition 8515 may be imposed.
substitute (2) Subclause (1) does not apply to an applicant if:
(a) the applicant has, in the 6 months immediately before the day when the application was made, completed a degree, diploma or trade qualification for award by an Australian educational institution as a result of at least 1 year of full-time study at that institution while the applicant was present in Australia; and
(b) all instruction for the award was conducted in English.
insert 134.222A (1) The applicant has been employed in a skilled occupation for at least 6 months in the 12 months immediately before the day when the application was made.
(2) Subclause (1) does not apply to an applicant if:
(a) the applicant has, in the 6 months immediately before the day when the application was made, completed a degree, diploma or trade qualification for award by an Australian educational institution as a result of at least 1 year of full-time study at that institution while the applicant was present in Australia; and
(b) all instruction for the award was conducted in English.
134.222B (3) In determining whether the applicant satisfies a criterion that he or she has been employed in a skilled occupation for a certain period, a period of employment in Australia must not be counted unless the applicant:
(a) held a substantive visa authorising him or her to work during that period; and
(b) complied with the conditions of that visa.
insert
135.613 Condition 8515 may be imposed.
substitute (2) Subclause (1) does not apply to an applicant if:
(a) the applicant has, in the 6 months immediately before the day when the application was made, completed a degree, diploma or trade qualification for award by an Australian educational institution as a result of at least 1 year of full-time study at that institution while the applicant was present in Australia; and
(b) all instruction for the award was conducted in English.
insert 136.223A (1) The applicant has been employed in a skilled occupation:
(a) if 60 points are specified by Gazette Notice as available for the skilled occupation nominated in the application — for at least 12 months in the 18 months immediately before the day when the application was made; or
(b) if 40 or 50 points are specified by Gazette Notice as available for the skilled occupation nominated in the application — for at least 24 months in the 36 months immediately before the day when the application was made.
(2) Subclause (1) does not apply to an applicant if:
(a) the applicant has, in the 6 months immediately before the day when the application was made, completed a degree, diploma or trade qualification for award by an Australian educational institution as a result of at least 1 year of full-time study at that institution while the applicant was present in Australia; and
(b) all instruction for the award was conducted in English.
136.223B In determining whether the applicant satisfies a criterion that he or she has been employed in a skilled occupation for a certain period, a period of employment in Australia must not be counted unless the applicant:
(a) held a substantive visa authorising him or her to work during that period; and
(b) complied with the conditions of that visa.
substitute (2) Subclause (1) does not apply to an applicant if:
(a) the applicant has, in the 6 months immediately before the day when the application was made, completed a degree, diploma or trade qualification for award by an Australian educational institution as a result of at least 1 year of full-time study at that institution while the applicant was present in Australia; and
(b) all instruction for the award was conducted in English.
insert 137.221A (1) The applicant has been employed in a skilled occupation:
(a) if 60 points are specified by Gazette Notice as available for the skilled occupation nominated in the application — for at least 12 months in the 18 months immediately before the day when the application was made; or
(b) if 40 or 50 points are specified by Gazette Notice as available for the skilled occupation nominated in the application — for at least 24 months in the 36 months immediately before the day when the application was made.
(2) Subclause (1) does not apply to an applicant if:
(a) the applicant has, in the 6 months immediately before the day when the application was made, completed a degree, diploma or trade qualification for award by an Australian educational institution as a result of at least 1 year of full-time study at that institution while the applicant was present in Australia; and
(b) all instruction for the award was conducted in English.
137.221B In determining whether the applicant satisfies a criterion that he or she has been employed in a skilled occupation for a certain period, a period of employment in Australia must not be counted unless the applicant:
(a) held a substantive visa authorising him or her to work during that period; and
(b) complied with the conditions of that visa.
substitute (2) Subclause (1) does not apply to an applicant if:
(a) the applicant has, in the 6 months immediately before the day when the application was made, completed a degree, diploma or trade qualification for award by an Australian educational institution as a result of at least 1 year of full-time study at that institution while the applicant was present in Australia; and
(b) all instruction for the award was conducted in English.
insert 138.225A (1) The applicant has been employed in a skilled occupation:
(a) if 60 points are specified by Gazette Notice as available for the skilled occupation nominated in the application — for at least 12 months in the 18 months immediately before the day when the application was made; or
(b) if 40 or 50 points are specified by Gazette Notice as available for the skilled occupation nominated in the application — for at least 24 months in the 36 months immediately before the day when the application was made.
(2) Subclause (1) does not apply to an applicant if:
(a) the applicant has, in the 6 months immediately before the day when the application was made, completed a degree, diploma or trade qualification for award by an Australian educational institution as a result of at least 1 year of full-time study at that institution while the applicant was present in Australia; and
(b) all instruction for the award was conducted in English.
138.225B In determining whether the applicant satisfies a criterion that he or she has been employed in a skilled occupation for a certain period, a period of employment in Australia must not be counted unless the applicant:
(a) held a substantive visa authorising him or her to work during that period; and
(b) complied with the conditions of that visa.
after 138.224,
insert 138.225A, 138.225B,
substitute (2) Subclause (1) does not apply to an applicant if:
(a) the applicant has, in the 6 months immediately before the day when the application was made, completed a degree, diploma or trade qualification for award by an Australian educational institution as a result of at least 1 year of full-time study at that institution while the applicant was present in Australia; and
(b) all instruction for the award was conducted in English.
insert 139.225A (1) The applicant has been employed in a skilled occupation:
(a) if 60 points are specified by Gazette Notice as available for the skilled occupation nominated in the application — for at least 6 months in the 12 months immediately before the day when the application was made; or
(b) if 40 or 50 points are specified by Gazette Notice as available for the skilled occupation nominated in the application — for at least 12 months in the 18 months immediately before the day when the application was made.
(2) Subclause (1) does not apply to an applicant if:
(a) the applicant has, in the 6 months immediately before the day when the application was made, completed a degree, diploma or trade qualification for award by an Australian educational institution as a result of at least 1 year of full-time study at that institution while the applicant was present in Australia; and
(b) all instruction for that award was conducted in English.
139.225B In determining whether the applicant satisfies a criterion that he or she has been employed in a skilled occupation for a certain period, a period of employment in Australia must not be counted unless the applicant:
(a) held a substantive visa authorising him or her to work during that period; and
(b) complied with the conditions of that visa.
after 139.225,
insert 139.225A, 139.225B,
after 139.225,
insert 139.225A, 139.225B,
substitute
(b) was not the holder of:
(i) a temporary visa (other than a Subclass 773 Border visa, Subclass 956 Electronic Travel Authority (Business Entrant — Long Validity) visa, Subclass 976 Electronic Travel Authority (Visitor) visa or Subclass 977 Electronic Travel Authority (Business Entrant — Short Validity) visa held concurrently with the permanent visa or the permanent entry permit); or
(ii) a bridging visa.
substitute
(ii) was not the holder of:
(A) a temporary visa (other than a Subclass 773 Border visa, Subclass 956 Electronic Travel Authority (Business Entrant — Long Validity) visa, Subclass 976 Electronic Travel Authority (Visitor) visa or Subclass 977 Electronic Travel Authority (Business Entrant — Short Validity) visa held concurrently with the permanent visa or the permanent entry permit); or
(B) a bridging visa; and
insert
Note Internet application is defined in regulation 1.03.
substitute
417.21 Criteria to be satisfied at time of application 417.211 (1) If the application is not an Internet application, and the applicant had not applied for, and was not granted, a Subclass 417 (Working Holiday) visa in the period between 1 July 2000 and 30 June 2002 (inclusive), the applicant meets the requirements of subclauses (2) to (5).
(2) The applicant:
(a) has no dependent children; and
(b) has turned 18 but has not turned 31; and
(c) holds a valid passport of a kind specified in a Gazette Notice made under paragraph (3) (a) or (b).
(3) The application is made:
(a) if the applicant holds a valid passport of a kind specified in a Gazette Notice for the purposes of this paragraph ¾ in any foreign country; or
(b) if the applicant holds a valid passport of a kind specified in a Gazette Notice for the purposes of this paragraph ¾ in the foreign country specified in the Notice for that kind of passport.
Note foreign country is defined in paragraph 22 (1) (f) of theActs Interpretation Act 1901 .(4) The Minister is satisfied that the applicant:
(a) seeks to enter or remain in Australia as a genuine visitor whose principal purpose is to spend a holiday in Australia; and
(b) has sufficient money for:
(i) the fare to the applicant’s intended overseas destination on leaving Australia; and
(ii) personal support for the purposes of a working holiday; and
(c) has a reasonable prospect of obtaining employment in Australia.
(5) The applicant has not previously entered Australia as the holder of a working holiday visa.
Note There are no criteria to be satisfied at time of application for an applicant who had applied for, and was granted, a Subclass 417 (Working Holiday) visa in the period between 1 July 2000 and 30 June 2002 (inclusive).417.212 (1) If the application is an Internet application, the applicant meets the requirements of subclauses (2) and (3), unless subclause (4) applies.
(2) The applicant states in the application that the applicant:
(a) has no dependent children; and
(b) has turned 18 but has not turned 31; and
(c) holds a valid passport of a kind specified in a Gazette Notice made under paragraph 417.211 (3) (a) or (b); and
(d) if the applicant holds a valid passport of a kind specified in a Gazette Notice for the purposes of paragraph 417.211 (3) (b) ¾ is making the application in a foreign country specified in the Notice for that kind of passport; and
(e) seeks to enter or remain in Australia as a genuine visitor whose principal purpose is to spend a holiday in Australia; and
(f) has sufficient money for:
(i) the fare to the applicant’s intended overseas destination on leaving Australia; and
(ii) personal support for the purposes of a working holiday.
(3) The applicant has not previously entered Australia as the holder of a working holiday visa.
(4) If the applicant does not satisfy the criteria in subclauses (2) and (3), the applicant meets the requirements of subclauses 417.211 (2) to (5).
substitute
417.22 Criteria to be satisfied at time of decision 417.221 (1) If the application is not an Internet application and the applicant had not applied for, and was not granted, a Subclass 417 (Working Holiday) visa in the period between 1 July 2000 and 30 June 2002 (inclusive), the applicant meets the requirements of subclauses (2) to (7).
(2) The applicant:
(a) continues to satisfy the criteria in paragraph 417.211 (2) (a) and subclauses 417.211 (3) to (5); and
(b) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4013 and 4014.
(3) If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
(4) The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.
(5) Approval of the application would not result in either:
(a) the number of Subclass 417 visas granted in a financial year exceeding the maximum number of Subclass 417 visas, as determined by Gazette Notice, that may be granted in that financial year; or
(b) the number of visas of particular classes, including Subclass 417, granted in a financial year exceeding the maximum number of visas of those classes, as determined by Gazette Notice, that may be granted in that financial year.
(6) If the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.
(7) The Minister may waive the requirements of subclause (6) if the Minister is satisfied that, in the particular case, waiver is justified by:
(a) compelling circumstances that affect the interests of Australia; or
(b) compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.
Note There are no criteria to be satisfied at time of decision for an applicant who had applied for, and was granted, a Subclass 417 (Working Holiday) visa in the period between 1 July 2000 and 30 June 2002 (inclusive).417.222 (1) If the application is an Internet application, the applicant meets the requirements of subclauses (2) to (7), unless subclause (8) applies.
(2) The applicant continues to satisfy the criteria in paragraphs 417.212 (2) (a), (d), (e) and (f) and subclause 417.212 (3).
(3) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4013 and 4014.
(4) If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002 (a).
(5) The applicant meets the requirements of subclause 417.221 (5).
(6) The applicant is not an AusAID student or an AusAID recipient.
(7) The applicant states in the application that the applicant intends to comply with any conditions subject to which the visa is granted.
(8) If the applicant does not satisfy the criteria in subclauses (2) to (7), the applicant meets the requirements of subclauses 417.221 (2) to (7).
substitute 417.411 If the applicant had not applied for, and was not granted, a Subclass 417 (Working Holiday) visa in the period between 1 July 2000 and 30 June 2002 (inclusive), the applicant must be outside Australia at the time of grant.
417.412 An applicant who applied for, and was granted, a Subclass 417 (Working Holiday) visa in the period between 1 July 2000 and 30 June 2002 (inclusive):
(a) if the applicant is outside Australia ¾ must be outside Australia at the time of grant; or
(b) if the applicant is in Australia ¾ must be in Australia at the time of grant.
substitute 417.511 (1) If the applicant applied for, and was granted, a Subclass 417 (Working Holiday) visa in the period between 1 July 2000 and 30 June 2002 (inclusive) (
first visa ) ¾ temporary visa permitting the holder:
(a) to travel to and enter Australia on multiple occasions for 12 months from the date of first entry on the first visa; and
(b) to remain in Australia until 12 months after the date of first entry on the first visa.
(2) In any other case ¾ temporary visa permitting the holder:
(a) to travel to and enter Australia within 12 months after the date of grant of the visa; and
(b) to travel to, enter and remain in Australia until 12 months after the date of first entry to Australia.
substitute 417.611 In the case of a visa granted to an applicant who meets the requirements of subclauses 417.212 (2) and (3), and subclauses 417.222 (2) to (7), conditions 8108, 8201 and 8403.
417.612 In any other case:
(a) conditions 8108 and 8201; and
(b) any 1 or more of conditions 8106, 8107, 8301, 8303, 8501, 8502, 8503, 8516, 8522, 8525 and 8526 may be imposed.
omit an associate diploma
insert a diploma (within the meaning of subregulation 2.26A (6))
omit Associate Diploma level
insert diploma level (within the meaning of subregulation 2.26A (6))
substitute
For this Part, the parent of an applicant is a
visa-holding parent if he or she holds any of the following visas:
(a) Subclass 309 (Spouse (Provisional));
(b) Subclass 310 (Interdependency (Provisional));
(c) Subclass 445 (Dependent Child);
(d) Subclass 820 (Spouse);
(e) Subclass 826 (Interdependency).
Note Fordependent child , see regulation 1.03.
substitute
(b) is a dependent child of a visa-holding parent; and
(c) is sponsored by the nominator or sponsor of the visa‑holding parent.
substitute
445.22 Criteria to be satisfied at time of decision 445.221 The parent of the applicant continues to be a visa-holding parent.
445.222 The applicant continues to be a dependent child of the visa-holding parent.
445.223 (1) The applicant meets the requirements of subclause (2), (3) or (4).
(2) The applicant meets the requirements of this subclause if he or she continues to be sponsored by the nominator or sponsor of the visa-holding parent.
(3) The applicant meets the requirements of this subclause if:
(a) either:
(i) the nominator or sponsor of the visa-holding parent has died; or
(ii) the relationship between the visa-holding parent and his or her nominator or sponsor has ceased, and either:
(A) the visa-holding parent has requested consideration under provisions relating to domestic violence in Subclass 100, 110, 801 or 814; or
(B) the visa-holding parent has requested consideration under provisions relating to parental arrangements for a child in Subclass 100 or 801; and
(b) the applicant is sponsored by the visa-holding parent.
(4) The applicant meets the requirements of this subclause if:
(a) the applicant is a dependent child of a parent holding a Subclass 445 visa; and
(b) the circumstances mentioned in subparagraph (3) (a) (i), or sub-subparagraph (3) (a) (ii) (A) or (B) apply; and
(c) the applicant is sponsored by the person who is required to satisfy the primary criteria in Subclass 100, 110, 801 or 814.
Note For special provisions relating to domestic violence, see Division 1.5.445.224 The sponsorship mentioned in clause 445.223 has been approved by the Minister and is still in force.
445.225 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009.
445.226 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
445.227 (1) Each member of the family unit of the applicant who is an applicant for a Subclass 445 visa is a person who satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009.
(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 445 visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and
(b) satisfies public interest criteria 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.
445.228 If a person
(the
(a) is a member of the family unit of the applicant; and
(b) has not turned 18; and
(c) made a combined application with the applicant —
public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.
substitute
Note These criteria must be satisfied by applicants who are dependent children of, and who have made a combined application with, the person who satisfies the primary criteria.
445.31 Criteria to be satisfied at time of application 445.311 The applicant is a dependent child of, and made a combined application with, the person who satisfies the primary criteria for a Subclass 445 visa.
445.312 The sponsorship mentioned in paragraph 445.211 (c) for the person who satisfies the primary criteria also includes sponsorship of the applicant.
445.32 Criteria to be satisfied at time of decision 445.321 The applicant continues to be a dependent child of the person who, having satisfied the primary criteria, is the holder of a Subclass 445 visa.
445.322 The sponsorship mentioned in clause 445.223 for the person who satisfies the primary criteria also includes sponsorship of the applicant.
445.323 The sponsorship mentioned in clause 445.322 has been approved by the Minister and is still in force.
445.324 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009.
445.325 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied, in relation to the applicant.
omit (3).
insert (4).
substitute
(a) to travel to, and enter, Australia on 1 or more occasions, as specified by the Minister, until a date, not later than 10 years after the date of grant of the visa, specified by the Minister; and
(b) to remain in Australia after each entry for a period, not longer than 3 months, specified by the Minister.
substitute 457.212 (1) If the applicant is the holder of a Student (Temporary) (Class TU) visa and is a fully funded student within the meaning given by clause 5A103, the Minister is satisfied that it would not be detrimental to Australia’s policies in relation to overseas students to grant the visa.
(2) Subclause (1) does not apply to an applicant who meets the requirements of subclause 457.223 (3).
omit
substitute
773.511 Temporary visa:
(a) either:
(i) coming into effect on grant; or
(ii) providing that if:
(A) the applicant holds another substantive visa (other than a Special Purpose visa) that is in effect at the date of grant; and
(B) the other substantive visa ceases during the period beginning at the grant of this visa and ending at the end of the period specified in this visa;
this visa comes into effect when the other substantive visa ceases; and
(b) permitting the holder to remain in Australia for a period specified by the Minister, not exceeding 30 days from the date of grant.
Note If, when the other substantive visa ceases, the period from the grant of this visa to the time the other substantive visa ceases exceeds the period specified in this visa, this visa will not come into effect.773.512 If the visa holder holds another substantive visa at the date of grant and that substantive visa is cancelled, this visa is in effect for a period that ends when the other substantive visa is cancelled.
[2 341 ] Clause 801.111, definition of nominating spouse
omit
[2 342 ] Clause 801.111, after definition of prospective marriage (temporary) visa
insert
sponsoring spouse means the Australian citizen, Australian permanent resident or eligible New Zealand citizen who was specified in the application for the Subclass 820 (Spouse) visa as the spouse of the applicant.
substitute
(b) the applicant continues to be sponsored for the grant of the Subclass 820 (Spouse) visa by:
(i) the sponsoring spouse; or
(ii) the Australian citizen, Australian permanent resident or eligible New Zealand citizen who sponsored the applicant for that visa; and
omit has not turned 25; and
insert has not turned 25.
omit
insert (1A) If the applicant is a step-child of the person mentioned in paragraph (1) (a), the applicant is a step-child within the meaning of paragraph (b) of the definition of
step-child .
omit everything before paragraph (a), insert (1) If the Australian citizen, Australian permanent resident or eligible New Zealand citizen mentioned in subclause 802.212 (1) is an adoptive parent of the applicant, the applicant:
insert 802.215 The applicant is sponsored by a person who:
(a) has turned 18; and
(b) is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and
(c) is:
(i) the Australian citizen, Australian permanent resident or eligible New Zealand citizen mentioned in paragraph 802.212 (1) (a); or
(ii) the cohabiting spouse of the Australian citizen, Australian permanent resident or eligible New Zealand citizen mentioned in paragraph 802.212 (1) (a).
insert 802.226 The sponsorship mentioned in clause 802.215 has been approved by the Minister and is still in force.
insert 802.312 The sponsorship mentioned in clause 802.215 of the person who satisfies the primary criteria includes sponsorship of the applicant.
insert 802.325 The sponsorship mentioned in clause 802.312 has been approved by the Minister and is still in force.
substitute
804.212 (1) The applicant:
(a) is the parent of a person (the
child ) who is a settled Australian citizen, settled Australian permanent resident or settled eligible New Zealand citizen; and(b) is sponsored in accordance with subclause (2) or (3).
(2) If the child has turned 18, the applicant is sponsored by:
(a) the child; or
(b) the child’s cohabiting spouse, if the spouse:
(i) has turned 18; and
(ii) is a settled Australian citizen, settled Australian permanent resident, or settled eligible New Zealand citizen.
(3) If the child has not turned 18, the applicant is sponsored by:
(a) the child’s cohabiting spouse, if that spouse:
(i) has turned 18; and
(ii) is a settled Australian citizen, settled Australian permanent resident or settled eligible New Zealand citizen; or
(b) a person who:
(i) is a close relative or guardian of the child; and
(ii) has turned 18; and
(iii) is a settled Australian citizen, settled Australian permanent resident, or settled eligible New Zealand citizen; or
(c) if the child has a cohabiting spouse but the spouse has not turned 18 — a person who:
(i) is a close relative or guardian of the child’s spouse; and
(ii) has turned 18; and
(iii) is a settled Australian citizen, or settled Australian permanent resident, or settled eligible New Zealand citizen; or
(d) a community organisation.
omit clause 804.212.
insert paragraph 804.212 (1) (a).
substitute 804.222 The sponsorship mentioned in clause 804.212 has been approved by the Minister and is still in force.
insert 804.312 The sponsorship mentioned in clause 804.212 of the person who satisfies the primary criteria includes sponsorship of the applicant.
insert 804.325 The sponsorship mentioned in clause 804.312 has been approved by the Minister and is still in force.
substitute
814.111 In this Part:
sponsor means the Australian citizen, Australian permanent resident or eligible New Zealand citizen who sponsored the applicant for a Subclass 826 (Interdependency) visa.
[2 358 ] Clause 820.111, definition of nominating spouse
omit
[2 359 ] Clause 820.111, after definition of prospective marriage (temporary) visa
insert
sponsoring spouse means:
(a) for an applicant who is, or was, the holder of a prospective marriage (temporary) visa — the Australian citizen, Australian permanent resident or eligible New Zealand citizen who was specified in the application for that visa as the person whom the applicant intended to marry after entry into Australia; or
(b) for any other applicant — the Australian citizen, Australian permanent resident or eligible New Zealand citizen who was specified in the application as the spouse of the applicant.
substitute
(c) the applicant is sponsored:
(i) if the applicant’s spouse has turned 18 — by the spouse; or
(ii) if the applicant’s spouse has not turned 18 — by a parent or guardian of the spouse who:
(A) has turned 18; and
(B) is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and
substitute
(f) the applicant is sponsored:
(i) if the applicant’s spouse has turned 18 — by the spouse; or
(ii) if the applicant’s spouse has not turned 18 — by a parent or guardian of the spouse who:
(A) has turned 18; and
(B) is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.
substitute
(f) the applicant is sponsored:
(i) if the applicant’s spouse has turned 18 — by the spouse; or
(ii) if the applicant’s spouse has not turned 18 — by a parent or guardian of the spouse who:
(A) has turned 18; and
(B) is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.
substitute
(f) the applicant is sponsored:
(i) if the applicant’s spouse has turned 18 — by the spouse; or
(ii) if the applicant’s spouse has not turned 18 — by a parent or guardian of the spouse who:
(A) has turned 18; and
(B) is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.
substitute
(c) the applicant is sponsored:
(i) if the applicant’s spouse has turned 18 — by the spouse; or
(ii) if the applicant’s spouse has not turned 18 — by a parent or guardian of the spouse who:
(A) has turned 18; and
(B) is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and
[2 365 ] After subclause 820.221 (3), including the note
insert (4) The sponsorship mentioned in paragraph 820.211 (2) (c), (3) (f), (4) (f), (5) (f) or (6) (c) has been approved by the Minister and is still in force.
insert 820.325 The sponsorship mentioned in paragraph 820.311 (b) has been approved by the Minister and is still in force.
insert 826.326 The sponsorship mentioned in paragraph 826.311 (a) has been approved by the Minister and is still in force.
substitute
835.111 In this Part:
Australian relative means a relative of the applicant who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.
Note dependent child ,eligible New Zealand citizen andsettled are defined in regulation 1.03, andremaining relative is defined in regulation 1.15.
substitute 835.212 The applicant is a remaining relative of an Australian relative.
insert
835.213 The applicant is sponsored:
(a) by the Australian relative, if the Australian relative:
(i) has turned 18; and
(ii) is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; and
(iii) is usually resident in Australia; or
(b) by the spouse of the Australian relative, if the spouse:
(i) has turned 18; and
(ii) is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; and
(iii) is usually resident in Australia; and
(iv) cohabits with the Australian relative.
insert 835.227 The sponsorship mentioned in clause 835.213 has been approved by the Minister and is still in force.
insert 835.312 The sponsorship mentioned in clause 835.213 of the person who satisfies the primary criteria includes sponsorship of the applicant.
insert 835.325 The sponsorship mentioned in clause 835.312 has been approved by the Minister and is still in force.
substitute
836.111 In this Part:
Australian relative means a relative of the applicant who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.
Note dependent child ,eligible New Zealand citizen andsettled are defined in regulation 1.03, andcarer is defined in regulation 1.15AA.
substitute 836.212 The applicant claims to be the carer of an Australian relative.
insert
836.213 The applicant is sponsored
(a) by the Australian relative, if the Australian relative:
(i) has turned 18; and
(ii) is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; and
(iii) is usually resident in Australia; or
(b) by the spouse of the Australian relative, if the spouse:
(i) has turned 18; and
(ii) is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; and
(iii) is usually resident in Australia; and
(iv) cohabits with the Australian relative.
insert 836.227 The sponsorship mentioned in clause 836.213 has been approved by the Minister and is still in force.
insert 836.312 The sponsorship mentioned in clause 836.213 of the person who satisfies the primary criteria includes sponsorship of the applicant.
insert 836.325 The sponsorship mentioned in clause 836.312 has been approved by the Minister and is still in force.
substitute
837.111 In this Part:
Australian relative means a relative of the applicant who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.
Note dependent child ,eligible New Zealand citizen ,relative andsettled are defined in regulation 1.03,orphan relative is defined in regulation 1.14, andspouse is defined in regulation 1.15A.
substitute
(b) since last applying for an entry permit or substantive visa:
(i) has become an orphan relative of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; or
(ii) became an orphan relative of the person mentioned in subparagraph (i) and is no longer an orphan relative only because the applicant has been adopted by that person.
substitute
837.213 The applicant:
(a) is an orphan relative of an Australian relative of the applicant; or
(b) is not an orphan relative only because the applicant has been adopted by the Australian relative mentioned in paragraph (a).
837.214 The applicant is sponsored:
(a) by the Australian relative, if the relative:
(i) has turned 18; and
(ii) is a settled Australian citizen, a settled Australian permanent resident, or a settled eligible New Zealand citizen; or
(b) by the spouse of the Australian relative, if the spouse:
(i) has turned 18; and
(ii) is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; and
(iii) cohabits with the Australian relative.
insert 837.226 The sponsorship mentioned in clause 837.214 has been approved by the Minister and is still in force.
insert 837.312 The sponsorship mentioned in clause 837.214 of the person who satisfies the primary criteria includes sponsorship of the applicant.
insert 837.325 The sponsorship mentioned in clause 837.312 has been approved by the Minister and is still in force.
substitute
838.111 In this Part:
Australian relative means a relative of the applicant who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.
Note aged dependent relative ,dependent child ,eligible New Zealand citizen andsettled are defined in regulation 1.03.
substitute 838.212 The applicant is an aged dependent relative of an Australian relative.
insert
838.213 The applicant is sponsored:
(a) by the Australian relative, if the Australian relative:
(i) has turned 18; and
(ii) is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; and
(iii) is usually resident in Australia; or
(b) by the spouse of the Australian relative, if the spouse:
(i) has turned 18; and
(ii) is a settled Australian citizen, a settled Australian permanent resident or a settled New Zealand citizen; and
(iii) is usually resident in Australia; and
(iv) cohabits with the Australian relative.
insert 838.227 The sponsorship mentioned in clause 838.213 has been approved by the Minister and is still in force.
insert 838.312 The sponsorship mentioned in clause 838.213 of the person who satisfies the primary criteria includes sponsorship of the applicant.
insert 838.325 The sponsorship mentioned in clause 838.312 has been approved by the Minister and is still in force.
omit
associate
omit subregulation 2.26 (5).
insert subregulation 2.26A (6).
substitute
(a) he or she is the holder of a Student (Temporary) (Class TU) visa granted in relation to an award course at diploma level or above completed by the applicant while he or she was the holder of that visa; or
omit Regulations or, subject to subclause (8), an assisted student.
insert Regulations.
omit
omit
associate
omit subregulation 2.26 (5),
insert subregulation 2.26A (6),
substitute
(a) he or she is the holder of a Student (Temporary) (Class TU) visa granted in relation to an award course at diploma level or above completed by the applicant while he or she was the holder of that visa; or
omit Regulations or, subject to subclause (8), an assisted student.
insert Regulations.
omit
omit
associate
omit subregulation 2.26 (5),
insert subregulation 2.26A (6),
substitute
(a) he or she is the holder of a Student (Temporary) (Class TU) visa granted in relation to an award course at diploma level or above completed by the applicant while he or she was the holder of that visa; or
omit Regulations or, subject to subclause (8), an assisted student.
insert Regulations.
omit
insert 880.222A In determining whether the applicant satisfies a criterion that he or she has been employed in a skilled occupation for a certain period, a period of employment in Australia must not be counted unless the applicant:
(a) held a substantive visa authorising him or her to work during that period; and
(b) complied with the conditions of that visa.
insert 881.224A In determining whether the applicant satisfies a criterion that he or she has been employed in a skilled occupation for a certain period, a period of employment in Australia must not be counted unless the applicant:
(a) held a substantive visa authorising him or her to work during that period; and
(b) complied with the conditions of that visa.
substitute
956.511 Temporary visa:
(a) either:
(i) coming into effect on grant; or
(ii) providing that if:
(A) the applicant holds another substantive visa (other than a Special Purpose visa, Subclass 676 Tourist (Short Stay) visa, Subclass 686 Tourist (Long Stay) visa, Subclass 976 Electronic Travel Authority (Visitor) visa or Subclass 977 Electronic Travel Authority (Business Entrant — Short Validity) visa) that is in effect at the date of grant; and
(B) the other substantive visa ceases during the period beginning at the grant of this visa and ending at the end of the period specified in this visa;
this visa comes into effect when the other substantive visa ceases; and
(b) permitting the holder:
(i) to travel to, and enter, Australia on multiple occasions for the life of the holder’s passport; and
(ii) on each occasion, to remain in Australia for a period not exceeding 3 months from the date of entry into Australia.
Note If, when the other substantive visa ceases, the period from the grant of this visa to the time the substantive visa ceases exceeds the period in this visa, this visa will not come into effect.956.512 If the visa holder holds another substantive visa at the time of grant and that substantive visa is cancelled, this visa is in effect for a period that ends when the other substantive visa is cancelled.
substitute
976.511 Temporary visa:
(a) either:
(i) coming into effect on grant; or
(ii) providing that if:
(A) the applicant holds another substantive visa (other than a Special Purpose visa) that is in effect at the date of grant; and
(B) the other substantive visa ceases during the period beginning at the grant of this visa and ending at the end of the period specified in this visa;
this visa comes into effect when the other substantive visa ceases; and
(b) permitting the holder:
(i) to travel to, and enter, Australia on multiple occasions within 12 months from the date of the grant of the visa, or within the life of the holder’s passport, whichever is the shorter; and
(ii) on each occasion, to remain in Australia for a period not exceeding 3 months from the date of entry into Australia.
Note If, when the other substantive visa ceases, the period from the grant of this visa to the time the substantive visa ceases exceeds the period specified in this visa, this visa will not come into effect.976.512 If the visa holder holds another substantive visa at the date of grant and that substantive visa is cancelled, this visa is in effect for a period that ends when the other substantive visa is cancelled.
substitute
977.511 Temporary visa:
(a) either:
(i) coming into effect on grant; or
(ii) providing that if:
(A) the applicant holds another substantive visa (other than a Special Purpose visa, Subclass 676 Tourist (Short Stay) visa, Subclass 686 Tourist (Long Stay) visa or Subclass 976 Electronic Travel Authority (Visitor) visa) that is in effect at the time of grant; and
(B) the other substantive visa ceases during the period beginning at the grant of this visa and ending at the end of the period specified in this visa;
this visa comes into effect when the other substantive visa ceases; and
(b) permitting the holder:
(i) to travel to, and enter, Australia on 1 or more occasions, as specified by the Minister, within 12 months from the date of the grant of the visa, or within the life of the holder’s passport, whichever is the shorter; and
(ii) on each occasion, to remain in Australia for a period not exceeding 3 months from the date of entry into Australia.
Note If, when the other substantive visa ceases, the period from the grant of this visa to the time the substantive visa ceases exceeds the period specified in this visa, this visa will not come into effect.977.512 If the visa holder holds another substantive visa at the time of grant and that substantive visa is cancelled, this visa is in effect for a period that ends when the other substantive visa is cancelled.
substitute 4012A In the case of an applicant who has not turned 18 and who is not an AusAID student or a Defence student:
(a) the application expresses a genuine intention to reside in Australia with a person who:
(i) is a parent of the applicant or a person who has custody of the applicant; or
(ii) is:
(A) a relative of the applicant; and
(B) nominated by a parent of the applicant or a person who has custody of the applicant; and
(C) aged at least 21; and
(D) of good character; or
(b) a signed statement is given to the Minister by the education provider for the course in which the applicant is enrolled confirming that appropriate arrangements have been made for the applicant’s accommodation, support and general welfare during the applicant’s stay in Australia.
omit 5 consecutive years
insert the 5 years immediately
[2 5 0 2 ] Subclause 5A205 (2), definition of funds from an acceptable source , paragraph (a)
omit 6 consecutive months
insert the 6 months immediately
[2 5 0 3 ] Subclause 5A208 (2), definition of funds from an acceptable source , paragraph (a)
omit 3 consecutive months
insert the 3 months immediately
[2 5 0 4 ] Subclause 5A208 (2), definition of funds from an acceptable source , paragraph (b)
omit to
insert made to, and held in the name of,
omit 5 consecutive years
insert the 5 years immediately
[2 5 0 6 ] Subclause 5A305 (2), definition of funds from an acceptable source , paragraph (a)
omit 6 consecutive months
insert the 6 months immediately
[2 5 0 7 ] Subclause 5A305 (2), definition of funds from an acceptable source , paragraph (b)
omit to
insert made to, and held in the name of,
substitute
If the applicant is not an exchange student, the applicant:
(a) must give evidence that:
(i) either:
(A) the principal course will be of at least 16 months duration; or
(B) he or she has undertaken, outside Australia, a secondary course of at least 2 years duration with an Australian curriculum and conducted in English by an Australian provider and is recognised by the relevant State or Territory education authority as meeting the requirements for successful completion of those years; and
(ii) he or she has successfully completed secondary schooling to at least the Year 9 level (or its equivalent); and
(iii) at the time of making the application, he or she was less than 18 years old; or
(b) must:
(i) lodge his or her visa application in Australia, but not in immigration clearance; and
(ii) give evidence that he or she has successfully completed Year 11 secondary schooling in Australia; and
(iii) give evidence that he or she is enrolled in Year 12 in Australia.
[2 5 0 9 ] Subclause 5A308 (2), paragraphs (a) and (b)
substitute
(a) a money deposit or the value of an item of property held by the applicant, or by an individual who is providing support to the applicant, for at least the 3 months immediately before the date of the application;
(b) a loan from a financial institution made to, and held in the name of, the applicant or an individual who is providing support to the applicant;
substitute
If the applicant is not an exchange student, the applicant:
(a) must give evidence that:
(i) either:
(A) the principal course will be of at least 16 months duration; or
(B) he or she has undertaken, outside Australia, a secondary course of at least 2 years duration with an Australian curriculum and conducted in English by an Australian provider and is recognised by the relevant State or Territory education authority as meeting the requirements for successful completion of those years; and
(ii) he or she has successfully completed schooling to at least the Year 6 level (or its equivalent); and
(iii) at the time of making the application, he or she was less than 18 years old; or
(b) must:
(i) lodge his or her visa application in Australia, but not in immigration clearance; and
(ii) give evidence that he or she has successfully completed Year 11 secondary schooling in Australia; and
(iii) give evidence that he or she is enrolled in Year 12 in Australia.
omit 5 consecutive years
insert the 5 years immediately
[2 512 ] Subclause 5A405 (2), definition of funds from an acceptable source , paragraph (a)
omit 6 consecutive months
insert the 6 months immediately
[2 513 ] Subclause 5A408 (2), definition of funds from an acceptable source, paragraph (a)
omit 3 consecutive months
insert the 3 months immediately
[2 514 ] Subclause 5A408 (2), definition of funds from an acceptable source , paragraph (b)
omit to
insert made to, and held in the name of,
omit 5 consecutive years
insert the 5 years immediately
[2 516 ] Subclause 5A505 (2), definition of funds from an acceptable source , paragraph (a)
omit 6 consecutive months
insert the 6 months immediately
[2 517 ] Subclause 5A505 (2), definition of funds from an acceptable source , paragraph (b)
omit to
insert made to, and held in the name of,
[2 518 ] Subclause 5A508 (2), paragraphs (a) and (b)
substitute
(a) a money deposit that the applicant or an individual who is providing support to the applicant has held for at least the 3 months immediately before the date of the application;
(b) a loan from a financial institution made to, and held in the name of, the applicant or an individual who is providing support to the applicant;
omit 5 consecutive years
insert the 5 years immediately
[2 520 ] Subclause 5A605 (2), definition of funds from an acceptable source , paragraph (a)
omit 6 consecutive months
insert the 6 months immediately
[2 521 ] Subclause 5A605 (2), definition of funds from an acceptable source , paragraph (b)
omit to
insert made to, and held in the name of,
[2 522 ] Subclause 5A608 (2), paragraphs (a) and (b)
substitute
(a) a money deposit or the value of an item of property held by the applicant or by an individual who is providing support to the applicant;
(b) a loan from a financial institution made to, and held in the name of, the applicant or an individual who is providing support to the applicant;
omit 5 consecutive years
insert the 5 years immediately
[2 524 ] Subclause 5A705 (2), definition of funds from an acceptable source , paragraph (a)
omit 6 consecutive months
insert the 6 months immediately
[2 525 ] Subclause 5A708 (2), definition of funds from an acceptable source , paragraph (a)
omit 3 consecutive months
insert the 3 months immediately
[2 526 ] Subclause 5A708 (2), definition of funds from an acceptable source , paragraph (b)
omit to
insert made to, and held in the name of,
omit 5 consecutive years
insert the 5 years immediately
substitute
8107 The holder must not:
(a) if the visa was granted to enable the holder to be employed in Australia:
(i) cease to be employed by the employer in relation to which the visa was granted; or
(ii) work in a position or occupation inconsistent with the position or occupation in relation to which the visa was granted; or
(iii) engage in work for another person or on the holder’s own account while undertaking the employment in relation to which the visa was granted; or
(b) in any other case:
(i) cease to undertake the activity in relation to which the visa was granted; or
(ii) engage in an activity inconsistent with the activity in relation to which the visa was granted; or
(iii) engage in work for another person or on the holder’s own account inconsistent with the activity in relation to which the visa was granted.
substitute
8532 If the holder is a person who:
(a) has not turned 18; and
(b) is not an AusAID student or a Defence student; and
(c) is staying in Australia with a person other than:
(i) a parent of the holder or a person who has custody of the holder; or
(ii) a relative of the holder who is:
(A) nominated by a parent of the holder or a person who has custody of the holder; and
(B) aged at least 21; and
(C) of good character;
the holder must maintain arrangements, approved by the education provider for the course to which the holder’s visa relates, for the holder’s accommodation, support and general welfare.
substitute
(subregulation 2.12A (3))
Mr Jin Er Gang
Director-General
Department of International Cooperation
Ministry of Civil Affairs
Beijing
People's Republic of China
Dear Mr Jin
I am writing about the Memorandum of Understanding of 25 January 1995 between the Department of Immigration and Ethnic Affairs (now the Department of Immigration and Multicultural Affairs and Indigenous Affairs) and the Ministry of Civil Affairs relating to unauthorised arrivals in Australia of Vietnamese refugees settled in the People’s Republic of China.
I note that the Memorandum of Understanding, established with regard to Vietnamese refugees settled in China who have arrived in Australia as unauthorised arrivals after 25 January 1995, continues to operate in the future.
Upon your confirmation of this, this exchange of letters replaces the previous exchange of letters of 18 and 19 February 2002, and together with the Memorandum of Understanding constitutes the agreement between our two countries on this subject.
Yours sincerely
Lydia Morton
(Minister)
4 April 2002
Ms Lydia Morton
Minister
Ambassador to China
Australian Embassy
Beijing
5 April 2002
Dear Ms Morton
I refer to your letter of 4 April, 2002, and confirm that the Memorandum of Understanding of 25 January 1995, established with regard to Vietnamese refugees settled in China who have arrived in Australia as unauthorised arrivals after 25 January 1995, continues to operate for current arrivals and will continue to operate for future arrivals.
Yours sincerely
Jin Er Gang
Director-General
Department of Foreign Affairs
Ministry of Civil Affairs
Paragraphs 801.221 (2) (c), (5) (b) and (c) and (6) (b) | nominating | sponsoring |
Sub-subparagraph 801.221 (6) (c) (i) (B) | nominating | sponsoring |
Subparagraphs 801.221 (6) (c) (i) and (ii) | nominating | sponsoring |
Subclause 801.221 (6A) | nominating | sponsoring |
Subclause 802.213 (3) | nominating | adoptive |
Paragraphs 802.213 (4) (a) and (b) and (5) (a) | nominating | adoptive |
Subparagraph 802.213 (5) (b) (i) | nominating | adoptive |
Paragraphs 802.213 (5) (c) and (d) | nominating | adoptive |
Paragraph 814.221 (2) (c) | nominator; | sponsor; |
Paragraph 814.221 (2) (d) | nominated | sponsored |
Paragraph 814.221 (2) (d) | 814 | 826 |
Paragraph 814.221 (2) (d) | nominator. | sponsor. |
Paragraph 814.221 (3) (b) | nominated | sponsored |
Paragraph 814.221 (3) (b) | 814 | 826 |
Paragraphs 814.221 (3) (b) and (c) | nominator; | sponsor; |
Paragraphs 814.221 (5) (b) and (c) | nominator | sponsor |
Subclause 814.221 (5A) | nominator. | sponsor. |
Paragraph 814.221 (8) (b) | nominator | sponsor |
Subparagraph 814.221 (8) (c) (ii) | nominator | sponsor |
Paragraph 814.221 (8) (c) | nominator. | sponsor. |
Subparagraph 820.211 (2) (a) (ii) | nominating | sponsoring |
Subclause 820.211 (2B) | nominating | sponsoring |
Paragraphs 820.211 (3) (e), (4) (e), (5) (e), (6) (b) and (d), (7) (b), (c) and (d) and (8) (b) and (c) | nominating | sponsoring |
Subparagraph 820.211 (8) (d) (iii) | nominating | sponsoring |
Paragraphs 820.211 (8) (d) and (9) (c) and (d) | nominating | sponsoring |
Subparagraph 820.211 (9) (e) (iii) | nominating | sponsoring |
Paragraphs 820.211 (9) (e), 820.221 (2) (a) and (b) and (3) (a) | nominating | sponsoring |
Sub-subparagraph 820.221 (3) (b) (i) (B) | nominating | sponsoring |
Subparagraphs 820.221 (3) (b) (i) and (ii) | nominating | sponsoring |
Clause 820.221A | nomination | sponsorship |
Clause 820.221A, note | nominations | sponsorships |
Paragraph 820.311 (b) | nomination | sponsorship |
Subparagraph 820.312 (a) (i) | subclause 820.211 (6) | subclause 820.211 (2A) |
Paragraph 826.212 (2) (b) | nominated | sponsored |
Paragraph 826.212 (2) (b) | ||
Paragraph 826.212 (2) (c) | nominator; | sponsor; |
Paragraphs 826.221 (3) (a) and (b) and (4) (a) | nominator | sponsor |
Subparagraph 826.221 (4) (b) (ii) | nominator | sponsor |
Paragraph 826.221 (4) (b) | nominator. | sponsor. |
Clause 826.221A | nomination | sponsorship |
Clause 826.221A, note | nominations | sponsorships |
Paragraph 826.311 (a) | nomination | sponsorship |
1. These Regulations amend Statutory Rules 1994 No. 268, as amended by 1994 Nos. 280, 322, 376 and 452; 1995 Nos. 3, 38, 117, 134, 268, 302 and 411; 1996 Nos. 12, 75 (regulations 7 and 8 were disallowed by the Senate on 11 September 1996), 76, 108, 121, 135, 198, 211 (regulations 4, 10, 11, 13.3, 14-37, 47-49, 51, 53-55, 74, 77.16, 77.19, 78, 85, 119 and 114 were disallowed by the Senate on 7 November 1996) and 276; 1997 Nos. 17, 64, 91, 92, 109, 137, 184, 185, 216, 263, 279, 288, 301 and 354; 1998 Nos. 36, 37, 104 (regulation 15 was disallowed by the Senate on 2 July 1998), 139, 210, 214, 284, 285 (disallowed by the Senate on 31 March 1999), 304, 305, 306 and 322; 1999 Nos. 8, 58, 64, 68 (as amended by 1999 Nos. 81 and 132), 76 (as amended by 1999 Nos. 81 and 132), 81 (as amended by 1999 No. 132), 82, 132, 155, 198, 220 (as amended by 1999 Nos. 259 and 321), 243, 259 (as amended by 2000 No. 259), 260 (as amended by 1999 No. 321), 321 and 325; 2000 Nos. 52, 62, 108, 192, 259 (as amended by 2000 No. 284) (item [4108] of Schedule 4 was disallowed by the Senate on 1 November 2000), 284 and 335; 2001 Nos. 27, 47, 86, 142, 162, 206, 239, 246, 283, 284, 285 and 291; Act No. 128, 2001; Statutory Rules 2001 No. 344; 2002 No. 10.
2. Notified in the
Commonwealth of Australia Gazette on 9 May 2002.
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