Migration (IMMI 18/023: Arrangements for Work and Holiday and Working Holiday Visa Applications) Instrument 2018 (Cth)
Migration (IMMI 18/023: Arrangements for Work and Holiday and Working Holiday Visa Applications) Instrument 2018
made under subregulation 2.07(5), paragraph 1224A(3)(a), subparagraph 1224A(3)(b)(iii) and subitem 1225(5) of Schedule 1 and subclause 417.211(2), paragraph 462.212(b) and paragraph 462.221(c) of Schedule 2 to the Migration Regulations 1994
Compilation No. 1
Compilation date: 15 March 2018
Includes amendments up to: F2018L00249
About this compilation
This compilation
This is a compilation of the Migration (IMMI 18/023: Arrangements for Work and Holiday and Working Holiday Visa Applications) Instrument 2018 that shows the text of the law as amended and in force on 15 March 2018 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary...................................................................................................... 1
1......... Name................................................................................................................................ 1
2......... Commencement................................................................................................................ 1
3......... Authority.......................................................................................................................... 1
4......... Definitions....................................................................................................................... 1
5......... Schedules......................................................................................................................... 2
Part 2—Arrangements for Work and Holiday and Working Holiday Visa Applications 2
6......... Work and Holiday (Temporary) (Class US) visa............................................................. 2
7......... Subclass 462 - Work and Holiday................................................................................... 2
8......... Working Holiday (Temporary) (Class TZ) visa............................................................... 3
9......... Subclass 417 - Working Holiday..................................................................................... 3
Schedule 1—Work and Holiday (Temporary) (Class US) (place, manner and form for making an application) 4
Schedule 2—Work and Holiday (Temporary) (Class US) and Subclass 462 (Work and Holiday) Visa (specified countries, educational qualifications and age requirements) 6
Schedule 3—Working Holiday (Temporary) (Class TZ) (place, manner and form for making an application) 12
Schedule 4—Working Holiday (Temporary) (Class TZ) and Subclass 417 (Working Holiday) Visa (countries, conditions and age requirements) 13
Schedule 5—Repeals 15
Migration (IMMI 17/097: Arrangements for Work and Holiday and Working Holiday Visa Applications) Instrument 2017
Part 1—Preliminary
1 Name
(1) This instrument is the Migration (IMMI 18/023: Arrangements for Work and Holiday and Working Holiday Visa Applications) Instrument 2018.
(2) This instrument may be cited as IMMI 18/023.
2 Commencement
(1) Each provision of this instrument specified in Column 1 of the table commences, or is taken to have commenced, in accordance with Column 2 of the table. Any other statement in Column 2 has effect according to its terms.
| Commencement information | ||
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| The whole of this instrument except for item 5 of Schedule 2 Item 5 of Schedule 2 | 15 February 2018 1 March 2018 | |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in Column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under the following provisions of the Regulations:
(a)subregulation 2.07(5);
(b)paragraph 1224A(3)(a) of Schedule 1;
(c)subparagraph 1224A(3)(b)(iii) of Schedule 1;
(d)subitem 1225(5) of Schedule 1;
(e)subclause 417.211(2) of Schedule 2;
(f)paragraph 462.212(b) of Schedule 2;
(g)paragraph 462.221(c) of Schedule 2.
4 Definitions
In this instrument:
Regulations means the Migration Regulations 1994.
5 Schedules
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Part 2—Arrangements for Work and Holiday and Working Holiday Visa Applications
6 Work and Holiday (Temporary) (Class US) visa
(1) This section and Schedules 1 and 2 to this instrument specify requirements for making an application for a Work and Holiday (Temporary) (Class US) visa.
(2) For the purposes of paragraph 1224A(3)(a) of Schedule 1 to the Regulations, the foreign countries that have issued a valid passport the applicant currently holds, are specified in Column 1 of the table in Schedule 2 to this instrument.
(3) For the purposes of paragraph 1224A(3)(aa) of Schedule 1 to the Regulations, the addresses for lodging an application are specified in:
(a) Column C of the table in Schedule 1 to this instrument, corresponding with the applicant’s circumstances set out in Column A of the table in Schedule 1 to this instrument; and
(b) Column 3 or Column 4 of the table in Schedule 2 to this instrument, where Column C of the table in Schedule 1 to this instrument makes reference to those Columns.
(4) For the purposes of subitem 1224A(1) of Schedule 1 to the Regulations, the approved forms are specified in Column B of the table in Schedule 1 to this instrument, corresponding with the applicant’s circumstances set out in Column A of the table in Schedule 1 to this instrument.
(5) For the purposes of subparagraph 1224A(3)(b)(iii) of Schedule 1 to the Regulations, persons who hold a valid passport issued by one of the following foreign countries are a class of persons who are not required to provide evidence of government support for grant of the visa:
(a) the People’s Republic of China;
(b) the United States of America;
(c) the State of Israel;
(d) Singapore;
(e) Argentina.
7 Subclass 462 – Work and Holiday
(1) For the purposes of paragraph 462.221(c) of Schedule 2 to the Regulations, the table in Schedule 2 to this instrument specifies:
(a) the educational qualifications in Column 2; and
(b) the corresponding foreign country in Column 1.
(2) For the purposes of paragraph 462.212(b) of Schedule 2 to the Regulations and 1224A(3)(a) of Schedule 1 to the Regulations, the table in Schedule 2 to this instrument specifies:
(a) in Column 5 the younger age, if any, that the applicant must be no more than; and
(b) in Column 1 the corresponding foreign country that issued the passport.
8 Working Holiday (Temporary) (Class TZ) visa
(1) This section and Schedules 3 and 4 to this instrument specify requirements for making an application for a Working Holiday (Temporary) (Class TZ) visa.
(2) For the purposes of subitem 1225(1) of Schedule 1 to the Regulations, the approved forms are specified in Column B of the table in Schedule 3 to this instrument, corresponding with the class of persons set out in Column A.
(3) For the purposes of subitem 1225(3) of Schedule 1 to the Regulations, the place and manner in which an application must be made is specified in Column C of the table in Schedule 3 to this instrument, corresponding with the class of persons set out in Column A of the table in Schedule 3 to this instrument.
9 Subclass 417 - Working Holiday
(1)For the purposes of paragraph 417.211(2)(a) of Schedule 2 to the Regulations, the table in Schedule 4 to this instrument specifies:
(a) in Column 1, the foreign countries that may issue a working holiday eligible passport; and
(b) in Column 2, the conditions a passport must satisfy in order to be a working holiday eligible passport, for the corresponding foreign country in Column 1.
(2)For the purposes of subparagraph 417.211(2)(b)(ii) of Schedule 2 to the Regulations, the table in Schedule 4 to this instrument specifies:
(a) in Column 3, the younger age, if any, that the applicant must be no more than; and
(b) in Column 1, the corresponding foreign country.
Schedule 1— Work and Holiday (Temporary) (Class US) (place, manner and form for making an application)
| Item | COLUMN A Applicant’s circumstances | COLUMN B Form | COLUMN C Place and Manner |
| 1 | An applicant who holds a valid passport issued by a foreign country specified in Column 1 of the table in Schedule 2 to this instrument who is, or has previously been, in Australia as the holder of a Class US (Work and Holiday (Temporary)) visa. | 1208 or 1208 (Internet) | Applications may be made: 1. by Internet; OR 2. by posting the application (with the correct pre-paid postage) to: GPO Box 9984 Brisbane QLD 4001 AUSTRALIA |
| 2 | An applicant who holds a valid passport issued by the United States of America who is not, and has not previously been, in Australia as the holder of a Class US (Work and Holiday (Temporary)) visa. | 1208 or 1208 (Internet) | Applications, that are not Internet applications, may be made in any foreign country at a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth outside Australia. |
| 3 | An applicant who holds a valid passport issued by the People’s Republic of China or by Singapore who is not, and has not previously been, in Australia as the holder of a Class US (Work and Holiday (Temporary)) visa. | 1208 | Application must be made by appointment and in person at an address specified in column 4 of the table in Schedule 2 to this instrument for the corresponding country. |
| 4 | An applicant who holds a valid passport issued by a foreign country specified in Column 1 of the table in Schedule 2 to this instrument who is not, and has not previously been, in Australia as the holder of a Class US (Work and Holiday (Temporary)) visa. | 1208 | Applications must be made at the addresses, specified in Column 3 or Column 4 of the table in Schedule 2 to this instrument for the corresponding foreign country. |
Schedule 2 – Work and Holiday (Temporary) (Class US) and Subclass 462 (Work and Holiday) Visa (specified countries, educational qualifications and age requirements)
| Item | COLUMN 1 Foreign Countries | COLUMN 2 Educational Qualification the applicant must hold: | Place and manner | COLUMN 5 Maximum Age | |
| COLUMN 3 Postal address | COLUMN 4 Street address | ||||
| 1 | Argentina | 1. tertiary qualifications; or 2. has successfully completed at least two years of undergraduate university study. | Australian Embassy, Villanueva 1400 Buenos Aires C1426BMJ ARGENTINA | Australian Embassy, Villanueva 1400 Buenos Aires C1426BMJ ARGENTINA | 30 |
| 2 | Austria | 1. tertiary qualifications; or 2. has successfully completed at least two years of undergraduate university study | Australian Embassy Visa Office Wallstrasse 76-79 D-10179 Berlin GERMANY | Not applicable | 30 |
| 3 | Chile | 1. tertiary qualification; or 2. has satisfactorily completed, or have been approved to undertake a third year of undergraduate university study. | Australian Embassy, Isidora Goyenechea 3621 Torre – B, Piso 12 Las Condes SANTIAGO DE CHILE | Australian Embassy, Isidora Goyenechea 3621 Torre – B, Piso 12 Las Condes SANTIAGO DE CHILE | 30 |
| 4 | Czech Republic | 1. tertiary qualifications; or 2. has successfully completed at least two years of undergraduate university study | Australian Embassy Visa Office Wallstrasse 76-79 D-10179 Berlin GERMANY | Not applicable | 30 |
| 5 | Hungary | 1. tertiary qualifications; or 2. has successfully completed at least two years of undergraduate university study. | Australian Embassy Visa Office Wallstrasse 76-79 D-10179 Berlin GERMANY | Not applicable | 30 |
| 6 | Indonesia | 1. tertiary qualifications; or 2. has successfully completed at least two years of undergraduate university study. | Australian Embassy, Jalan H. R. Rasuna Said Kav C15-16 (Kuningan) Jakarta Selatan 12940 INDONESIA | Australian Embassy, Jalan H. R. Rasuna Said Kav C15-16 (Kuningan) Jakarta Selatan 12940 INDONESIA | 30 |
| 7 | The State of Israel | 1. secondary school qualifications; and 2. have completed military service or are legally exempt from military service. | Australian Embassy PO Box 29108 Tel Aviv 61290 Israel | Australian Embassy Discount Bank Tower Level 28 23 Yehuda Halevi St (Corner Herzl St) Tel Aviv 65136 Israel | 30 |
| 8 | Luxembourg | 1. tertiary qualifications; or 2. has successfully completed at least two years of undergraduate university study. | Australian Embassy Visa Office Wallstrasse 76-79 D-10179 Berlin GERMANY | Not applicable | 30 |
| 9 | Malaysia | 1. tertiary qualifications; or 2. has successfully completed at least two years of undergraduate university study. | Australian High Commission PO Box 10921 Kuala Lumpur, MALAYSIA, 50730 | Australian High Commission OR Australia VFS Visa Application Centre MALAYSIA | 30 |
| 10 | People’s Republic of China | 1. tertiary qualifications; or 2. has successfully completed at least two years of undergraduate university study. | Not applicable | Application must be Australian Visa OR Australian Visa OR Australian Visa OR Australian Visa | 30 |
| 11 | Peru | 1. tertiary qualifications; or 2. has successfully completed at least two years of undergraduate university study. | Australian Embassy Isidora Goyenechea 3621 Torre – B, Piso 12 Las Condes SANTIAGO DE CHILE | Australian Embassy, Isidora Goyenechea 3621 Torre – B, Piso 12 Las Condes SANTIAGO DE CHILE | 30 |
| 12 | Poland | 1. tertiary qualifications; or 2. has successfully completed at least two years of undergraduate university study. | Australian Embassy Visa Office Wallstrasse 76-79 D-10179 Berlin GERMANY | Not applicable | 30 |
| 13 | Portugal | 1. tertiary qualifications; or 2. has successfully completed at least two years of undergraduate university study. | Australian Embassy Visa Office Wallstrasse 76-79 D-10179 Berlin GERMANY | Not applicable | 30 |
| 14 | San Marino | 1. tertiary qualifications; or 2. has successfully completed at least two years of undergraduate university study | Australian Embassy Visa Office Wallstrasse 76-79 D-10179 Berlin GERMANY | Not applicable | 30 |
| 15 | Singapore | 1. tertiary qualifications; or 2. has successfully completed at least two years of undergraduate university study. | Not applicable | Application must be made by appointment and in person at the following address: Australian Visa Application Centre – Singapore | 30 |
| 16 | Slovak Republic | 1. tertiary qualifications; or 2. has satisfactorily completed at least two years of undergraduate university study | Australian Embassy Visa Office Wallstrasse 76-79 D-10179 Berlin GERMANY | Not applicable | 30 |
| 17 | Slovenia | 1. tertiary qualifications; or 2. has successfully completed at least two years of undergraduate university study | Australian Embassy Visa Office Wallstrasse 76-79 D-10179 Berlin GERMANY | Not applicable | 30 |
| 18 | Spain | 1. tertiary qualifications; or 2. has satisfactorily completed at least two years of undergraduate university study. | Australian Embassy Visa Office Wallstrasse 76-79 D-10179 Berlin GERMANY | Not applicable | 30 |
| 19 | Thailand, Kingdom of | Diploma or Degree. | Australian Embassy, 37 South Sathorn Road Bangkok, 10120, THAILAND | Australian Embassy, 37 South Sathorn Road Bangkok, 10120, THAILAND | 30 |
| 20 | Republic of Turkey | 1. tertiary qualifications; or 2. has satisfactorily completed at least two years of undergraduate university study | Australian Embassy, | Australian Embassy, MNG Building Ugur Mumcu Caddesi 88, 7th Floor Gaziosmanpasa Ankara 06700 TURKEY | 30 |
| 21 | United States of America | Secondary school qualifications. | For forms which are not Internet forms: applications may be made in any foreign country at a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth outside Australia. | For forms which are not Internet forms: applications may be made in any foreign country at a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth outside Australia. | 30 |
| 22 | Uruguay | 1. tertiary qualifications; or 2. has successfully completed at least two years of undergraduate university study. | Australian Embassy, Villanueva 1400 Buenos Aires C1426BMJ ARGENTINA | Australian Embassy, Villanueva 1400 Buenos Aires C1426BMJ ARGENTINA | 30 |
| 23 | Vietnam | 1. tertiary qualifications; or 2. has successfully completed at least two years of undergraduate university study | Not applicable | AVAC Visa Application Centre OR AVAC Visa Application Centre OR AVAC Visa Application Centre OR Australian Embassy, | 30 |
Schedule 3— Working Holiday (Temporary) (Class TZ) (place, manner and form for making an application)
| Item | COLUMN A Class of Persons | COLUMN B Form | COLUMN C Place and Manner |
| 1 | The applicant: 1. is, or has previously been, in Australia as the holder of a Class TZ (Working Holiday) (Temporary)) visa; and 2. is the holder of a valid passport issued by a foreign country specified in Column 1 of the table in Schedule 4 to this instrument; and 3. subject to the conditions, if any, specified in Column 2 of the table in Schedule 4 to this instrument for the corresponding country. | 1150; or 1150E | Applications may be made: 1. by Internet; OR 2. by posting the application (with the correct pre-paid postage) to: GPO Box 9984 Brisbane QLD 4001 |
| 2 | The applicant: 1. is not, and has not previously been, in Australia as the holder of a Class TZ (Working Holiday) (Temporary)) visa; and 2. is the holder of a valid passport which is issued by a foreign country specified in Column 1 of the table in Schedule 4 to this instrument; and 3. subject to the conditions, if any, specified in Column 2 of the table in Schedule 4 to this instrument. | 1150; or 1150E | Applications may be made: 1.by Internet; OR 2.in any foreign country at a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth outside Australia |
Schedule 4— Working Holiday (Temporary) (Class TZ) and Subclass 417 (Working Holiday) Visa (countries, conditions and age requirements)
| Item | COLUMN 1 Foreign Countries | COLUMN 2 Conditions | COLUMN 3 Maximum 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 | 30 |
| 3 | Denmark | Passport must indicate that the applicant is a national of Denmark | 30 |
| 4 | Finland | Passport must indicate that the applicant is a national of Finland | 30 |
| 5 | France | Passport must indicate that the applicant is a national of France | 30 |
| 6 | Italy | Passport must indicate that the applicant is a national of Italy | 30 |
| 7 | Norway | Passport must indicate that the applicant is a national of Norway | 30 |
| 8 | Sweden | Passport must indicate that the applicant is a national of Sweden | 30 |
| 9 | The Netherlands | Passport must indicate that the applicant is a national of The Netherlands | 30 |
| 10 | The Republic of Ireland | Passport must indicate that the applicant is a national of the Republic of Ireland | 30 |
| 11 | The United Kingdom of Great Britain and Northern Ireland | Passport must indicate that the applicant’s nationality is British Citizen or British National (Overseas) | 30 |
| 12 | Estonia | Passport must indicate that the applicant is a national of Estonia | 30 |
| 13 | Germany | Passport must indicate that the applicant is a national of Germany | 30 |
| 14 | Japan | Passport must indicate that the applicant is a national of Japan | 30 |
| 15 | Malta | Passport must indicate that the applicant is a national of Malta | 30 |
| 16 | Hong Kong Special Administrative Region, People’s Republic of China | Nil | 30 |
| 17 | The Republic of Cyprus | Passport must indicate that the applicant is a national of the Republic of Cyprus | 30 |
| 18 | The Republic of Korea | Passport must indicate that the applicant is a national of the Republic of Korea | 30 |
| 19 | Passports issued by the authorities of Taiwan | Passport must not purport to be an official or diplomatic passport | 30 |
Schedule 5 – Repeals
Migration (IMMI 17/097: Arrangements for Work and Holiday and Working Holiday Visa Applications) Instrument 2017
1 The whole of the instrument
Repeal the instrument.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
| o = order(s) | |
| ad = added or inserted | Ord = Ordinance |
| am = amended | orig = original |
| amdt = amendment | par = paragraph(s)/subparagraph(s) |
| c = clause(s) | /sub‑subparagraph(s) |
| C[x] = Compilation No. x | pres = present |
| Ch = Chapter(s) | prev = previous |
| def = definition(s) | (prev…) = previously |
| Dict = Dictionary | Pt = Part(s) |
| disallowed = disallowed by Parliament | r = regulation(s)/rule(s) |
| Div = Division(s) | |
| exp = expires/expired or ceases/ceased to have | reloc = relocated |
| effect | renum = renumbered |
| F = Federal Register of Legislation | rep = repealed |
| gaz = gazette | rs = repealed and substituted |
| LA = Legislation Act 2003 | s = section(s)/subsection(s) |
| LIA = Legislative Instruments Act 2003 | Sch = Schedule(s) |
| (md) = misdescribed amendment can be given | Sdiv = Subdivision(s) |
| effect | SLI = Select Legislative Instrument |
| (md not incorp) = misdescribed amendment | SR = Statutory Rules |
| cannot be given effect | Sub‑Ch = Sub‑Chapter(s) |
| mod = modified/modification | SubPt = Subpart(s) |
| No. = Number(s) | underlining = whole or part not |
| commenced or to be commenced |
Endnote 3—Legislation history
| Name | Registration | Commencement | Application, saving and transitional provisions |
| Migration (IMMI 18/023: Work and Holiday and Working Holiday Visa Applications) Instrument 2018 | 12 February 2018 F2018L00098 | The whole of the instrument except item 5 of Schedule 2: 15 February 2018 Item 5 of Schedule 2: 1 March 2018 (s2) | |
| Migration (IMMI 18/023: Work and Holiday and Working Holiday Visa Applications) Amendment Instrument 2018 | 14 March 2018 F2018L00249 | 15 March 2018 (s2) |
Endnote 4—Amendment history
| Provision affected | How affected |
| Sch 2 | rs (F2018L00249) |
0
0
0