Migration (LIN 18/174: Arrangements for Work and Holiday Visa Applications) Instrument 2018 (Cth)

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Migration (LIN 18/174: Arrangements for Work and Holiday Visa Applications) Instrument 2018

made under the

Migration Regulations 1994

Compilation No. 2

Compilation date: 4 March 2019

Includes amendments up to: Migration (LIN 19/088: Arrangements for Work and Holiday Visa Applications) Amendment Instrument 2019 (F2019L00140)

Prepared by the Department of Home Affairs

About this compilation

This compilation

This is a compilation of the Migration (LIN 18/174: Arrangements for Work and Holiday Visa Applications) Instrument 2018 that shows the text of the law as amended and in force on 4/03/2019 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 2

1 Name........................................................................................................................................ 2

3 Authority.................................................................................................................................. 2

4 Definitions................................................................................................................................ 2

5 Schedules................................................................................................................................. 2

Part 2—Arrangements for Work and Holiday Visa Applications 3

6 Work and Holiday (Temporary) (Class US) visa..................................................................... 3

7 Subclass 462 (Work and Holiday) visa.................................................................................... 4

Part 3—Application provisions 5

8 Application of amendments by Schedule 1 of LIN 19/088....................................................... 5

9 Application of amendments by Schedule 2 of LIN 19/088....................................................... 5

Schedule 1—Work and Holiday (Temporary) (Class US) visa—place, manner and form for making an application 6

Schedule 2—Work and Holiday (Temporary) (Class US) and Subclass 462 (Work and Holiday) visa—specified countries, educational qualifications and age requirements 8

Endnotes14

Endnote 1—About the endnotes 14

Endnote 2—Abbreviation key 15

Endnote 3—Legislation history 16

Endnote 4—Amendment history 17

Part 1—Preliminary

1 Name

(1) This instrument is the Migration (LIN 18/174: Arrangements for Work and Holiday Visa Applications) Instrument 2018.

(2) This instrument may be cited as LIN 18/174.

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) paragraph 462.212(b) of Schedule 2;

(e) paragraph 462.221(c) of Schedule 2.

4 Definitions

In this instrument:

authorising email means an email authorising the applicant to make an application in a different place or a different manner.

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 Visa Applications

6 Work and Holiday (Temporary) (Class US) visa

(1) For the purposes of subitem 1224A(1) of Schedule 1 to the Regulations, the approved forms are specified in Column 2 of the table in Schedule 1, corresponding with the applicant’s circumstances set out in Column 1 of that table.

(2) For the purposes of paragraph 1224A(3)(a) of Schedule 1 to the Regulations, the foreign countries are specified in Column 1 of the table in Schedule 2.

(3) For the purposes of paragraph 1224A(3)(aa) of Schedule 1 to the Regulations, the place and manner for making an application are specified:

(a) in Column 3 of the table in Schedule 1, corresponding with the applicant’s circumstances set out in Column 1 of the table in Schedule 1; and

(b) if Column 3 of the table in Schedule 1 makes reference to Column 4 of the table in Schedule 2—in Column 4 of the table in Schedule 2; and

(c) if Column 3 of the table in Schedule 1 makes reference to both Column 3 and Column 4 of the table in Schedule 2—in either Column 3 or Column 4 of the table in Schedule 2, as applicable; and

(d) if Column 3 of the table in Schedule 1 allows an officer of the Department to send an authorising email—in subsection (4).

(4) If an officer of the Department has sent an authorising email to the applicant, the applicant may make an application by:

(a) using approved form 1208; and

(b) attaching a copy of the authorising email; and

(c) by the end of the next day after which the authorising email was sent (AEST or AEDST as applicable to the date on which the authorising email was sent)—submitting the application in accordance with the directions in the authorising email.

(5) For the purposes of subparagraph 1224A(3)(b)(iii) of Schedule 1 to the Regulations, a person who holds a valid passport issued by one of the following foreign countries is a member of a class of persons who are not required to provide evidence of government support for the grant of their visa:

(a) Argentina;

(b) Chile;

(c) China, People’s Republic of;

(d) Israel, State of;

(e) Singapore;

(f) United States of America.

7 Subclass 462 (Work and Holiday) visa

(1) For the purposes of paragraph 462.212(b) of Schedule 2 to the Regulations, the table in Schedule 2 specifies:

(a) in Column 1, the foreign country that issued the passport; and

(b) in Column 5, the corresponding age that the applicant must be no more than.

(2) For the purposes of paragraph 462.221(c) of Schedule 2 to the Regulations, the table in Schedule 2 specifies:

(a) in Column 1, the foreign country that issued the passport; and

(b) in Column 2, the corresponding educational qualification the applicant must hold.

Part 3—Application provisions

8 Application of amendments by Schedule 1 of LIN 19/088

The amendments to this instrument by Schedule 1 of the Migration (LIN 19/088: Arrangements for Work and Holiday Visa Applications) Amendment Instrument 2019 apply in relation to an application made on or after the commencement of that Schedule.

9 Application of amendments by Schedule 2 of LIN 19/088

The amendments to this instrument by Schedule 2 of the Migration (LIN 19/088: Arrangements for Work and Holiday Visa Applications) Amendment Instrument 2019 apply in relation to an application made on or after the commencement of that Schedule.

Schedule 1—Work and Holiday (Temporary) (Class US) visa—place, manner and form for making an application

Item	Column 1 Applicant’s circumstances	Column 2 Approved form	Column 3 Place and manner
1	An applicant who: (a) is, or has previously been, in Australia as the holder of a Class US (Work and Holiday (Temporary)) visa; and (b) holds a valid passport issued by a foreign country specified in Column 1 of the table in Schedule 2.	1208 (Internet); or If authorised by an officer of the Department: 1208	Application must be made: (a) as an internet application; or (b) if an officer of the Department has sent an authorising email to the applicant—in accordance with subsection 6(4).
2	An applicant who: (a) is not, and has not previously been, in Australia as the holder of a Class US (Work and Holiday (Temporary)) visa; and (b) holds a valid passport issued by any of the following foreign countries: (i) Argentina; (ii) Austria; (iii) Chile; (iv) Czech Republic; (v) Hungary; (vi) Israel, State of; (vii) Luxembourg; (viii) Malaysia; (ix) Peru; (x) Poland; (xi) Portugal; (xii) San Marino; (xiii) Slovak Republic; (xiv) Slovenia; (xv) Spain; (xvi) United States of America; (xvii) Uruguay.	1208 (Internet); or If authorised by an officer of the Department: 1208	Application must be made: (a) as an internet application; or (b) if an officer of the Department has sent an authorising email to the applicant—in accordance subsection 6(4).
3	An applicant who: (a) is not, and has not previously been, in Australia as the holder of a Class US (Work and Holiday (Temporary)) visa; and (b) holds a valid passport issued by either of the following foreign countries: (i) China, People’s Republic of; (ii) Singapore.	1208	Application must be made by appointment and in person at an address specified in Column 4 of the table in Schedule 2 for the corresponding country.
4	An applicant: (a) who is not, and has not previously been, in Australia as the holder of a Class US (Work and Holiday (Temporary)) visa; and (b) who holds a valid passport issued by a foreign country specified in Column 1 of the table in Schedule 2; and (c) to whom item 2 of this table does not apply.	1208	Application must be made at an address specified in either Column 3 or Column 4 of the table in Schedule 2 for the corresponding foreign country.

Item

Column 1

Applicant’s circumstances

Column 2

Approved form

Column 3

Place and manner

1

An applicant who:

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

(b) holds a valid passport issued by a foreign country specified in Column 1 of the table in Schedule 2.

1208 (Internet);

or

If authorised by an officer of the Department: 1208

Application must be made:

(a) as an internet application; or

(b) if an officer of the Department has sent an authorising email to the applicant—in accordance with subsection 6(4).

2

An applicant who:

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

(b) holds a valid passport issued by any of the following foreign countries:

(i) Argentina;

(ii) Austria;

(iii) Chile;

(iv) Czech Republic;

(v) Hungary;

(vi) Israel, State of;

(vii) Luxembourg;

(viii) Malaysia;

(ix) Peru;

(x) Poland;

(xi) Portugal;

(xii) San Marino;

(xiii) Slovak Republic;

(xiv) Slovenia;

(xv) Spain;

(xvi) United States of America;

(xvii) Uruguay.

1208 (Internet);

or

If authorised by an officer of the Department: 1208

Application must be made:

(a) as an internet application; or

(b) if an officer of the Department has sent an authorising email to the applicant—in accordance subsection 6(4).

3

An applicant who:

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

(b) holds a valid passport issued by either of the following foreign countries:

(i) China, People’s Republic of;

(ii) Singapore.

1208

Application must be made by appointment and in person at an address specified in Column 4 of the table in Schedule 2 for the corresponding country.

4

An applicant:

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

(b) who holds a valid passport issued by a foreign country specified in Column 1 of the table in Schedule 2; and

(c) to whom item 2 of this table does not apply.

1208

Application must be made at an address specified in either Column 3 or Column 4 of the table in Schedule 2 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 country	Column 2 Educational qualification the applicant must hold	Place and manner		Column 5 Maximum age
Item	Column 1 Foreign country	Column 2 Educational qualification the applicant must hold	Column 3 Postal address	Column 4 Street address	Column 5 Maximum age
1	Argentina	1. tertiary qualifications; or 2. has successfully completed two years of undergraduate university study.	Not applicable	Not applicable	30
2	Austria	1. tertiary qualifications; or 2. has successfully completed at least two years of undergraduate university study.	Not applicable	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.	Not applicable	Not applicable	30
4	China, People’s Republic of	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 one of the following addresses: Australian Visa Application Centre Beijing Room D, E, F, G, H, I, 21^st Floor, Oriental Kenzo Plaza No. 48 Dongzhimenwai Street Dongcheng District, Beijing, CHINA 100027 OR Australian Visa Application Centre Guangzhou Unit 02, 29/F, HM Tower No. 3, Jinsui Road Zhujiang New Town Tianhe District, Guangzhou, CHINA 510623 OR Australian Visa Application Centre Shanghai 2^nd Floor, Jiushi Business Building No. 213 Sichuan Middle Road Huangpu District, Shanghai, CHINA 200002 OR Australian Visa Application Centre Chengdu Room 2-2, 2/F, No. 11-15, Section 4, South Renmin Road Wuhou District, Chengdu City, Sichuan Province, CHINA 610041	30
5	Czech Republic	1. tertiary qualifications; or 2. has successfully completed at least two years of undergraduate university study.	Not applicable	Not applicable	30
6	Hungary	1. tertiary qualifications; or 2. has successfully completed at least two years of undergraduate university study.	Not applicable	Not applicable	30
7	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
8	Israel, State of	1. secondary school qualifications; and 2. have completed military service or are legally exempt from military service.	Not applicable	Not applicable	30
9	Luxembourg	1. tertiary qualifications; or 2. has successfully completed at least two years of undergraduate university study.	Not applicable	Not applicable	30
10	Malaysia	1. tertiary qualifications; or 2. has successfully completed at least two years of undergraduate university study.	Not applicable	Not applicable	30
11	Peru	1. tertiary qualifications; or 2. has successfully completed at least two years of undergraduate university study.	Not applicable	Not applicable	30
12	Poland	1. tertiary qualifications; or 2. has successfully completed at least two years of undergraduate university study.	Not applicable	Not applicable	30
13	Portugal	1. tertiary qualifications; or 2. has successfully completed at least two years of undergraduate university study.	Not applicable	Not applicable	30
14	San Marino	1. tertiary qualifications; or 2. has successfully completed at least two years of undergraduate university study.	Not applicable	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 135 Cecil Street, #08-01 MYP Plaza Singapore 069536	30
16	Slovak Republic	1. tertiary qualifications; or 2. has satisfactorily completed at least two years of undergraduate university study.	Not applicable	Not applicable	30
17	Slovenia	1. tertiary qualifications; or 2. has successfully completed at least two years of undergraduate university study.	Not applicable	Not applicable	30
18	Spain	1. tertiary qualifications; or 2. has satisfactorily completed at least two years of undergraduate university study.	Not applicable	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, PK 32, Cankaya, Ankara TURKEY 06552	Australian Embassy, MNG Building Ugur Mumcu Caddesi 88, 7^th Floor Gaziosmanpasa Ankara TURKEY 06700	30
21	United States of America	Secondary school qualifications.	Not applicable	Not applicable	30
22	Uruguay	1. tertiary qualifications; or 2. has successfully completed at least two years of undergraduate university study.	Not applicable	Not applicable	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 Gelex Tower 3^rd Floor 52 Le Dai Hanh Street, Le Dai Hanh Ward, Hai Ba Trung District, Ha Noi, VIETNAM OR AVAC Visa Application Centre 5^th Floor Resco Tower 94-96 Nguyen Du Street Ben Nghe Ward, District 1, Ho Chi Minh City, VIETNAM OR AVAC Visa Application Centre 6^th ACB Building, 218 Bach Dang Street Phuoc Ninh Ward, Hai Chau District, Danang City, VIETNAM OR Australian Embassy, Visa & Immigration Section Level 1 Australian Embassy 8 Dao Tan Street, Ba Dinh District, Ha Noi, VIETNAM	30

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 (LIN 18/174: Arrangements for Work and Holiday Visa Applications) Instrument 2018	15 Nov 2018 (F2018L01576)	17 Nov 2018 (s 2)
Migration (LIN 19/088: Arrangements for Work and Holiday Visa Applications) Amendment Instrument 2019	14 Feb 2019 (F2019L00140)	Sch 1: 18 Feb 2019 (s 2(1) item 2) Sch 2: 4 Mar 2019 (s 2(1) item 3)	—

Endnote 4—Amendment history

Provision affected	How affected
Part 1
s 2........................................	rep LA s 48D
Part 2
s 6........................................	am F2019L00140
Part 3
Part 3...................................	ad F2019L00140
s 8........................................	ad F2019L00140
s 9........................................	ad F2019L00140
Schedule 1
Schedule 1...........................	am F2019L00140
Schedule 3...........................	rep LA s 48C

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Migration (Lin 18/174: Arrangements for Work and Holiday Visa Applications) Instrument 2018 (Cth)

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