Migration (Arrangements for subclass 417 visa applications) Instrument (LIN 22/051) 2022 (Cth)

LIN 22/051

Migration (Arrangements for subclass 417 visa applications) Instrument (LIN 22/051) 2022

made under the Migration Regulations 1994

Compilation no. 1

Compilation date 1 July 2023

This compilation was prepared by the Department of Home Affairs on 1 July 2023 taking into account amendments up to Migration (Arrangements for subclass 417 visa applications) Amendment Instrument (LIN23/047) 2023.

1          Name

This instrument is the Migration (Arrangements for subclass 417 visa applications) Instrument (LIN 22/051) 2022.

3          Definitions

     In this instrument:

ImmiAccount means the interactive portal for online services available through the Department’s website at notice means an email from the Department authorising an applicant for a Working Holiday (Subclass 417) visa to submit Form 1150 to [email protected].

5          Form, place and manner of making application

(1)     For subitem 1225(3) of Schedule 1 to the Regulations, an applicant:

(a)   must hold a passport that:

(i)  is issued by a country or region mentioned in an item of Schedule 1; and

(ii)  satisfies the conditions mentioned in the item; or

(b)   must:

(i)  be in Australia; and

(ii)  have held a passport that:

(A)  was issued by a country or region mentioned in an item of Schedule 1, when the applicant entered Australia; and

(B)  satisfied the conditions mentioned in the item, when the applicant entered Australia; and

(C)  expired after the applicant entered Australia.

Note          See Regulations, Schedule 2, paragraph 417.211(1A)(a).

(2)     For subitems 1225(1) and (3) of Schedule 1 to the Regulations, an application for a Working Holiday (Subclass 417) visa must be made using Form 1150 (Internet) in ImmiAccount as an Internet application.

Note          Regulation 2.10C of the Regulations provides for the time of making an Internet application.

(3)     However, if the application cannot be made in accordance with subsection (2), it may be made using Form 1150 by email to WHM.invited.applications@
homeaffairs.gov.au if:

(a)   the Department has given a written notice to the applicant authorising the applicant to make the visa application using Form 1150; and

(b)   the written notice is attached to the application; and

(c)   the application is submitted within 7 calendar days after which the written notice was sent (AEST or AEDST as applicable to the date on which the written notice was sent).

6          Working holiday eligible passport and younger age

(1)     For paragraph 417.211(2)(a) of Schedule 2 to the Regulations, a working holiday eligible passport must be:

(a)   a valid passport; and

(b)   held by an applicant mentioned in subsection 5(1).

Note          A passport is not a working holiday eligible passport if it is not issued by a country or region mentioned in an item of Schedule 1.

(3)     For subparagraph 417.211(2)(b)(ii) of Schedule 2 to the Regulations, a younger age mentioned in an item of Schedule 1 is specified for a working holiday eligible passport issued by the country or region mentioned in the item.

Schedule 1        Country or region, conditions and younger age

(section 6)

Item	Country or region	Conditions	Younger age
1	Belgium	Passport must indicate that the applicant is a national of Belgium.	30
2	Canada	Passport must indicate that the applicant is a national of Canada.	–
3	Cyprus	Passport must indicate that the applicant is a national of Cyprus.	30
4	Denmark	Passport must indicate that the applicant is a national of Denmark.	–
5	Estonia	Passport must indicate that the applicant is a national of Estonia.	30
6	Finland	Passport must indicate that the applicant is a national of Finland.	30
7	France	Passport must indicate that the applicant is a national of France.	–
8	Germany	Passport must indicate that the applicant is a national of Germany.	30
9	Hong Kong Special Administrative Region of the People’s Republic of China	–	30
10	Ireland	Passport must indicate that the applicant is a national of Ireland.	–
11	Italy	Passport must indicate that the applicant is a national of Italy.	–
12	Japan	Passport must indicate that the applicant is a national of Japan.	30
13	Malta	Passport must indicate that the applicant is a national of Malta.	30
14	Netherlands	Passport must indicate that the applicant is a national of the Netherlands.	30
15	Norway	Passport must indicate that the applicant is a national of Norway.	30
16	Republic of Korea	Passport must indicate that the applicant is a national of the Republic of Korea.	30
17	Sweden	Passport must indicate that the applicant is a national of Sweden.	30
18	Taiwan	Passport must not purport to be an official or diplomatic passport.	30
19	United Kingdom	Passport must indicate that the applicant’s nationality is British Citizen or British National (Overseas).	–

Notes

This compilation comprises Migration (Arrangements for subclass 417 visa applications) Instrument (LIN 22/051) 2022 amended as indicated in the following tables.

Table of instruments

Name	Registration	Number	Commencement	Application, saving or transitional provisions
Migration (Arrangements for subclass 417 visa applications) Instrument (LIN 22/051) 2022	24 June 2022	F2022L00830	1 July 2022	–
Migration (Arrangements for subclass 417 visa applications) Amendment Instrument (LIN 23/047) 2023	29 June 2023	F2023L00888	1 July 2023	–

Table of amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted
Provision affected	How affected
section 2.................	rep. Legislation Act 2003, s 48D
section 4.................	rep. Legislation Act 2003, s 48C
Schedule 1.............	am. F2023L00888