Migration Amendment Regulations 2002 (No. 6) (Cth)
Migration Amendment Regulations 2002 (No. 6) 1
Statutory Rules 2002 No. 230 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 19 September 2002
PETER HOLLINGWORTH
Governor-General
By His Excellency’s Command
PHILIP RUDDOCK
Minister for Immigration and Multicultural and
Indigenous Affairs
These Regulations are the
Migration Amendment Regulations 2002 (No. 6) .
These Regulations commence on 1 November 2002.
Schedule 1 amends the
Migration Regulations 1994 .
(1) The amendments made by items [1301],[1302], [1308], [1309] and [1310] 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 November 2002; or(b) made on or after 1 November 2002.
(2) The amendments made by items [1101], [1102], [1303], [1304], [1305], [1306] and [1307] apply in relation to an application for a visa made on or after 1 November 2002.
(regulation 3)
substitute
(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:
(i) if the applicant is in Australia — for the 2 years immediately after the visa is granted; or
(ii) if the applicant is outside Australia — for the 2 years immediately after the applicant’s first entry into Australia after the visa is granted.
substitute
(b) the Minister receives, in writing in accordance with Division 2.3, a request from the original applicant to have a dependent child of the original applicant (the
dependent child ) added to the original applicant’s application; and(ba) the request is received:
(i) for a request in relation to an application other than an application for a Resolution of Status (Temporary) (Class UH) visa — after the application is made but before it is decided; or
(ii) for a request in relation to an application for a Resolution of Status (Temporary) (Class UH) visa — at any time after the application is made; and
substitute
(a) Application must be made in Australia but not in immigration clearance.
(aa) Application must be made by:
(i) posting the application (with the correct pre-paid postage) to the post office box address specified in a Gazette Notice for this subparagraph; or
(ii) having the application delivered by a courier service to the address specified in a Gazette Notice for this subparagraph.
omit must be made outside Australia.
insert may be made in or outside Australia, but not in immigration clearance.
insert
(1) Form: 1208.
(2) Visa application charge:
(a) First instalment (payable at the time application is made): $160
(b) Second instalment (payable before grant of visa): Nil.
(3) Other:
(a) Application must be made outside Australia.
(b) Applicant must be outside Australia.
(4) Subclasses:
462 (Work and Holiday)
substitute
100.321 The applicant:
(a) is the holder of a Subclass 309 (Spouse (Provisional)) visa that was granted on the basis that the applicant was a member of the family unit of another person who was the holder of a Subclass 309 visa, and that other person has been granted a Subclass 100 visa; or
(b) was the holder of a Subclass 309 (Spouse (Provisional)) visa granted before 1 November 1999 that:
(i) has ceased to be in effect because the applicant:
(A) was outside Australia at the end of the 30 month period specified in the Subclass 309 visa for travelling to and entering Australia; or
(B) left Australia after the end of the 30 month period specified in that visa for travelling to and entering Australia; and
(ii) was granted on the basis that the applicant was a member of the family unit of another person who was the holder of a Subclass 309 visa, and that other person has been granted a Subclass 100 visa; or
(c) is the holder of a Subclass 445 (Dependent Child) visa that was granted on the basis that the applicant was the dependent child of a parent who was the holder of a Subclass 309 or 445 visa and who has been granted a Subclass 100 visa.
substitute
110.321 The applicant:
(a) is the holder of a Subclass 310 (Interdependency (Provisional)) visa that was granted on the basis that the applicant was a member of the family unit of another person who was the holder of a Subclass 310 visa, and that other person has been granted a Subclass 110 visa; or
(b) was the holder of a Subclass 310 (Interdependency (Provisional)) visa granted before 1 November 1999 that:
(i) has ceased to be in effect because the applicant:
(A) was outside Australia at the end of the 30 month period specified in the Subclass 310 visa for travelling to and entering Australia; or
(B) left Australia after the end of the 30 month period specified in that visa for travelling to and entering Australia; and
(ii) was granted on the basis that the applicant was a member of the family unit of another person who was the holder of a Subclass 310 visa, and that other person has been granted a Subclass 110 visa; or
(c) is the holder of a Subclass 445 (Dependent Child) visa that was granted on the basis that the applicant was the dependent child of a parent who was the holder of a Subclass 310 or 445 visa and who has been granted a Subclass 110 visa.
omit For this Part,
insert 445.111 For this Part,
substitute
445.211 The applicant:
(a) is a dependent child of a visa-holding parent; and
(b) is sponsored by the nominator or sponsor of the visa‑holding parent.
substitute 445.411 If the application is made outside Australia, the applicant must be outside Australia when the visa is granted.
insert 445.412 If the application is made in Australia, the applicant must be in Australia when the visa is granted.
insert
462.111 In this Part:
degree means:
(a) a degree within the meaning of subregulation 2.26A (6); or
(b) a formal educational qualification that is of an equivalent standard to a degree within the meaning of subregulation 2.26A (6), awarded by an educational institution outside Australia.
diploma means:
(a) a diploma within the meaning of subregulation 2.26A (6); or
(b) a formal educational qualification that is of an equivalent standard to a diploma within the meaning of subregulation 2.26A (6), awarded by an educational institution outside Australia.
usual occupation means an occupation that the applicant has engaged in for gain or reward for a continuous period of at least 6 months during the 2 years immediately before the application for the visa.
Note AusAID recipient andAusAID student are defined in regulation 1.03.
Note All applicants must satisfy the primary criteria.
462.21 Criteria to be satisfied at time of application
462.211 The applicant:
(a) has no dependent children; and
(b) is at least 18 but has not turned 31; and
(c) holds a valid passport issued by a foreign country mentioned in a Gazette Notice made under paragraph 462.212 (a) or (b).
Note foreign country is defined in paragraph 22 (1) (f) of theActs Interpretation Act 1901 .
462.212 The application is made:
(a) if the applicant holds a valid passport issued by a foreign country specified in a Gazette Notice for this paragraph ¾ in any foreign country; or
(b) if the applicant holds a valid passport issued by a foreign country specified in a Gazette Notice for this paragraph ¾ in the foreign country specified in the Notice for that kind of passport.
462.213 (1) The applicant has provided with the application a letter:
(a) from the government of a foreign country with which the Australian Government has an arrangement mentioned in clause 462.216; and
(b) that includes a statement to the effect that the government of the foreign country has agreed to the applicant’s stay in Australia under the arrangement.
(2) The applicant holds a valid passport issued by the foreign country mentioned in subclause (1).
462.214 The applicant has not previously entered Australia as the holder of a visa of this class or subclass.
462.215 The Minister is satisfied that the applicant has at least functional English.
Note functional English is defined in subsection 5 (2) of the Act.462.216 The Minister is satisfied that the application meets the requirements of an arrangement between the Australian Government and the government of a foreign country specified in a Gazette Notice made under paragraph 462.212 (a) or (b).
462.217 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.
462.22 Criteria to be satisfied at time of decision
462.221 The applicant:
(a) continues to satisfy the criteria in paragraphs 462.211 (a) and (c) and clauses 462.215, 462.216 and 462.217; and
(b) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4011, 4013 and 4014; and
(c) is the holder of a diploma or a degree; and
(d) has been employed in an occupation:
(i) that is the applicant’s usual occupation; and
(ii) that is an occupation for which, in Australia, a diploma or degree is required; and
(e) is not an AusAID student or an AusAID recipient.
462.222 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
462.223 The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.
Note All applicants must meet the primary criteria.
462.411 The applicant must be outside Australia at the time of grant.
462.511 Temporary visa permitting the holder:
(a) to travel to and enter Australia within 3 months after the date of the 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.
462.611 Conditions 8108, 8201 and 8503.
462.612 Any 1 or more of conditions 8303, 8501 and 8516 may be imposed.
462.711 Visa label affixed to a valid passport.
omit Subclass 820 visa; or
insert Subclass 445 or 820 visa; or
[1309] Subdivision 814.31, second occurring, heading
substitute
814.32 Criteria to be satisfied at time of decision
omit Subclass 826 visa; or
insert Subclass 445 or 826 visa; or
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 and 2002 No. 213), 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 Nos. 10, 86, 121, 129 (disallowed by the Senate on 19 June 2002) and 213.
2. Notified in the
Commonwealth of Australia Gazette
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