Migration (Arrangements for Certain Skilled and Temporary Graduate Visa Applications) Instrument (LIN 20/162) 2020 (Cth)

LIN 20/162

Migration (Arrangements for Certain Skilled and Temporary Graduate Visa Applications) Instrument (LIN 20/162) 2020

made under the Migration Regulations 1994

Compilation no. 2

Compilation date 5 March 2022

This compilation was prepared by the Department of Home Affairs on 5 March 2022 taking into account amendments up to Migration (Arrangements for Certain Skilled and Temporary Graduate Visa Applications) Amendment Instrument (LIN 22/035) 2022.

Contents

Part 1Preliminary

1. Name

1. Authority

1. Definitions

1. Application

Part 2           Arrangements for certain skilled and temporary visas

1. Form, place and manner for a Skilled (Provisional) (Class VF) visa application

1. Form, place and manner for a Skilled (Provisional) (Class VC) visa application

1. Form, place and manner for other skilled visa applications

Part 1             Preliminary

1          Name

(1)     This instrument is the Migration (Arrangements for Certain Skilled and Temporary Graduate Visa Applications) Instrument (LIN 20/162) 2020.

(2)     This instrument may be cited as LIN 20/162.

1. Authority

This instrument is made under subregulation 2.07(5) of the Regulations.

1. Definitions

In this instrument:

authorising email means an email sent by an officer of the Department, authorising an applicant to make an application in an alternative place, or an alternative manner.

Regulations means Migration Regulations 1994.

5          Application

This instrument applies to applications for a visa made on or after the commencement of the instrument.

Part 2            Arrangements for certain skilled and temporary visas

7          Form, place and manner for a Skilled (Provisional) (Class VF) visa application

(1)     Subject to subsections (2) and (3), for the purposes of item 1228 of Schedule 1 to the Regulations, an application for a Skilled (Provisional) (Class VF) visa must be made using form 1276 (internet) as an internet application.

(2)     If an applicant cannot make an application in the manner specified in subsection (1), an application may be made using paper form 1276 if the Department has provided approval by an authorising email.

(3)     An application referred to in subsection (2) must:

(a)   be lodged according to the directions in the authorising email;

(b)   attach a copy of the authorising email to the application;

(c)   be submitted before 11:59pm (AEST or AEDT when applicable) on the day after the day on which the authorising email was sent.        

8          Form, place and manner for a Skilled (Provisional) (Class VC) visa application

(1)     Subject to subsections (2) and (3), for the purposes of item 1229 of Schedule 1 to the Regulations, an application for a Skilled (Provisional) (Class VC) visa must be made using form 1276 (internet) as an internet application.

(2)     If an applicant cannot make an application in the manner specified in subsection (1), an application may be made using paper form 1409 if the Department has provided approval by an authorising email.

(3)     An application referred to in subsection (2) must:

(a)   be lodged according to the directions in the authorising email;

(b)   attach a copy of the authorising email to the application;

(c)   be submitted before 11:59pm (AEST or AEDT when applicable) on the day after the day on which the authorising email was sent.

9          Form, place and manner for other skilled visa applications

Under the item of Schedule 1 to the Regulations mentioned in column 1 of the following table, for a class of visa mentioned in column 2 for the item, an application must be made, using the form mentioned in column 3 for the item, as an internet application.

Item No.	Column 1 Item of Schedule 1	Column 2 Class of visa	Column 3 Form
1	Item 1136	Skilled (Residence) (Class VB)	1276 (internet)
2	Item 1137	Skilled Independent (Permanent) (Class SI)	1393 (internet)
3	Item 1138	Skilled—Nominated (Permanent) (Class SN)
3A	Item 1139	Permanent Residence (Skilled Regional) (Class PR)
4	Item 1230	Skilled—Regional Sponsored (Provisional) (Class SP)
5	Item 1241	Skilled Work Regional (Provisional) (Class PS)

Notes

This compilation comprises Migration (Arrangements for Certain Skilled and Temporary Graduate Visa Applications) Instrument (LIN 20/162) 2020 amended as indicated in the following tables.

Table of instruments

Name	Registration	Number	Commencement	Application, saving or transitional provisions
Migration (Arrangements for Certain Skilled and Temporary Graduate Visa Applications) Instrument (LIN 20/162) 2020 (LIN 20/162)	11 November 2020	F2020L01415	13 November 2020	-
Migration (Arrangements for Certain Skilled and Temporary Graduate Visa Applications) Amendment Instrument (LIN 20/297) 2020 (LIN 20/297)	23 December 2020	F2020L01703	24 December 2020	-
Migration (Arrangements for Certain Skilled and Temporary Graduate Visa Applications) Amendment Instrument (LIN 22/035) 2022 (LIN 22/035)	5 March 2022	F2022L00274	5 March 2022	section 4

Table of amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted
Provision affected	How affected
section 1.................	rs. F2020L01703
section 2.................	rep. Legislation Act 2003, s 48D
section 3.................	rs. F2022L00274
section 6.................	rep. Legislation Act 2003, s 48C
part 2 heading ......	rs. F2020L01703
section 8.................	am. F2020L01703
section 9.................	ad. F2022L00274