Migration (Arrangements for Work and Holiday (Subclass 462) Visa Applications) Instrument (LIN 21/019) 2021 (Cth)

Case

LIN 21/019

Migration (Arrangements for Work and Holiday (Subclass 462) Visa Applications) Instrument (LIN 21/019) 2021

made under the Migration Regulations 1994

Compilation no. 3

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 Work and Holiday (Subclass 462) Visa Applications) Amendment (Papua New Guinea) Instrument (LIN23/034) 2023.

1          Name

This instrument is the Migration (Arrangements for Work and Holiday (Subclass 462) Visa Applications) Instrument (LIN 21/019) 2021.

  1. Definitions

In this instrument:

written notice means an email from the Department authorising an applicant for a Work and Holiday (Subclass 462) visa to submit Form 1208 to [email protected].

  1. Arrangements for Work and Holiday visas

(1)     For subregulation 2.07(5) of the Regulations, an application by an applicant mentioned in an item of the table in Schedule 1 must be made:

(a)   for subitem 1224A(1) of Schedule 1 to the Regulations, using the form mentioned for the item; and

(b)   for paragraph 1224A(3)(aa) of Schedule 1 to the Regulations, in the place and manner mentioned for the item.

(2)     For paragraph 1224A(3)(a) of Schedule 1 to the Regulations:

(a)   the applicant must hold a valid passport issued by any of the following foreign countries; and

(b)   for each foreign country, the applicant must be aged no more than 30.

Foreign country

Argentina
Austria
Brazil
Chile
China, People’s Republic of
Czech Republic
Ecuador
Greece
Hungary
Indonesia
Israel
Luxembourg
Malaysia
Mongolia
Papua New Guinea
Peru
Poland
Portugal
San Marino
Singapore
Slovak Republic
Slovenia
Spain
Switzerland
Thailand
Turkey
United States of America
Uruguay
Vietnam

(3)     For subparagraph 1224A(3)(b)(iii) of Schedule 1 to the Regulations, applicants who hold a valid passport issued by any of the following countries are specified:

Foreign country

Argentina
Austria
Brazil
Chile
China, People’s Republic of
Czech Republic
Hungary
Israel
Portugal
Singapore
Slovak Republic
Spain
Switzerland
United States of America
Uruguay
Vietnam

Note          If an applicant falls within the class specified by subsection (3), they are not required under subparagraph 1224A(3)(b)(iii) to provide evidence that the applicant has government support for the grant of the visa. 

  1. Educational qualifications

For paragraph 462.221(c) of Schedule 2 to the Regulations, the educational qualification mentioned in an item of the table in Schedule 2 is specified for applicants from the foreign country mentioned for the item.

Schedule 1        Approved form, place and manner

Item

Applicant

Approved form

Place and manner

1

Applicant who:

(a)  is, or has previously been, in Australia as the holder of a Work and Holiday (Temporary) (Class US) visa; and

(b) holds a valid passport issued by a foreign country mentioned in paragraph 4(2)(a)

(a)  Form 1208 (Internet); or

(b) if the applicant has received a written notice—Form 1208

(a)  internet application; or

(b) for applicants who have received a written notice, by:

     (i)  attaching a copy of the written notice to Form 1208; and

    (ii)  submitting the application and written notice to WHM.invited.applications
@homeaffairs.gov.au
within 7 calendar days after the written notice was sent

2

Applicant who:

(a)  is not, and has not previously been, in Australia as the holder of a Work and Holiday (Temporary) (Class US) visa; and

(b) holds a valid passport issued by a foreign country mentioned in paragraph 4(2)(a) other than a valid passport issued by the People’s Republic of China

3

Applicant who:

(a)  is not, and has not previously been, in Australia as the holder of a Work and Holiday (Temporary) (Class US) visa; and

(b) holds a valid passport issued by the People’s Republic of China; and

(c)  has received a written invitation from the Department inviting the applicant to apply for a Work and Holiday (Temporary) (Class US) visa

(a)  Form 1208 (Internet); or

(b) if the applicant has received a written notice —Form 1208

(a)  internet application; or

(b) for applicants who have received a written notice, by:

     (i)  attaching a copy of the written notice to Form 1208; and

    (ii)  submitting the application and written notice to WHM.invited.applications
@homeaffairs.gov.au
within 7 calendar days after the written notice was sent

Schedule 2        Educational qualifications

Item

Applicant

Educational qualifications

1 Argentina

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

2 Austria

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of higher education

2A Brazil (a)  successful completion of at least 2 years of post-secondary study
3 Chile

(a) tertiary qualifications; or

(b) satisfactory completion of, or approval to undertake, a third year of undergraduate university study

4 China, People’s Republic of

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

5 Czech Republic (a) successful completion of at least 2 years of tertiary education
6 Ecuador

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of higher education study

7 Greece

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

8 Hungary

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

9 Indonesia

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

10 Israel

(a) secondary school qualifications; and

(b) completion of military service or a legal exemption from completing military service

11 Luxembourg

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

12 Malaysia

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

12A Mongolia

(a)  tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

12B Papua New Guinea (a)  successful completion of at least 2 years of post-secondary study
13 Peru

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

14 Poland

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

15 Portugal

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

16 San Marino

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

17 Singapore

(a) qualifications considered to be at tertiary level in Singapore; or

(b) successful completion of the equivalent of 2 years full-time tertiary study

18 Slovak Republic

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

19 Slovenia

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

20 Spain (a) successful completion of at least 2 years higher education
20A Switzerland (a) successful completion of at least 2 years of study following compulsory schooling.
21 Thailand (a) tertiary qualifications
22 Turkey

(a) tertiary qualifications; or

(b) satisfactory completion of at least 2 years of undergraduate university study

23 United States of America (a) secondary school qualifications
24 Uruguay

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

25 Vietnam

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

Notes

This compilation comprises Migration (Arrangements for Work and Holiday (Subclass 462) Visa Applications) Instrument (LIN 21/019) 2021 amended as indicated in the following tables.

Table of instruments

Name

Registration

Number

Commencement

Application, saving or transitional provisions

Migration (Arrangements for Work and Holiday (Subclass 462) Visa Applications) Instrument (LIN 21/019) 2021 25 February 2021 F2021L00152 1 March 2021 -
Migration (Arrangements for Work and Holiday (Subclass 462) Visa Applications) Amendment Instrument (LIN 21/085) 2021 17 December 2021 F2021L01830 1 January 2022 -
Migration (Arrangements for subclass 462 visa applications) Amendment Instrument (LIN 22/052) 2022 27 June 2022 F2022L00840 1 July 2022 -
Migration (Arrangements for Work and Holiday (Subclass 462) Visa Applications) Amendment (Papua New Guinea) Instrument (LIN 23/034) 2023 30 June 2023 F2023L00904 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 3.................

am. F2021L01830

am. F2022L00840

section 4.................

am. F2021L01830

am. F2022L00840

am. F2023L00904

section 6................. rep. Legislation Act 2003, s 48C
Schedule 1.............

am. F2021L01830

am. F2022L00840

Schedule 2.............

am. F2021L01830

am. F2022L00840

am. F2023L00904

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