Migration (LIN 19/184: Arrangements for Work and Holiday Visa Applications) Instrument 2019 (Cth)
Migration (LIN 19/184: Arrangements for Work and Holiday Visa Applications) Instrument 2019
I, Gaye Lalor, Delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, make the following instrument.
Dated 26 June 2019
Gaye Lalor
Gaye Lalor
Acting Senior Executive Service, Band 1, Immigration and Visa Services Division and Delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs
Contents
Part 1—Preliminary 1
1 Name........................................................................................................................................ 1
2 Commencement........................................................................................................................ 1
3 Authority.................................................................................................................................. 1
4 Definitions................................................................................................................................ 1
5 Schedules................................................................................................................................. 1
Part 2—Arrangements for Work and Holiday Visa Applications 2
6 Work and Holiday (Temporary) (Class US) visa applications................................................. 2
7 Subclass 462 (Work and Holiday) visa applications................................................................ 3
Part 3—Application provision 4
8 Application of this instrument.................................................................................................. 4
Schedule 1—Approved form 5
Schedule 2—Place and manner 6
Schedule 3—Educational qualifications 7
Schedule 4—Repeals 9
Migration (LIN 18/174: Arrangements for Work and Holiday Visa Applications) Instrument 2018 (F2019C00170) 9
Part 1—Preliminary
1 Name
(1)This instrument is the Migration (LIN 19/184: Arrangements for Work and Holiday Visa Applications) Instrument 2019.
(2)This instrument may be cited as LIN 19/184.
2 Commencement
This instrument commences on 1 July 2019.
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 an applicant to make an application in a different place or a different manner.
Regulations means the Migration Regulations 1994.
5 Schedules
The instrument specified in Schedule 4 to this instrument is repealed as set out in that Schedule, and any item in any other 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 applications
Approved form
(1) For the purposes of subitem 1224A(1) of Schedule 1 to the Regulations, the approved forms for making an application for a Work and Holiday (Temporary) (Class US) visa for an applicant in the circumstances specified in an item in Column 1 of the table in Schedule 1 are the forms specified in Column 2 for that item.
Specified foreign countries
(2) For the purposes of paragraph 1224A(3)(a) of Schedule 1 to the Regulations, the following foreign countries are specified:
(a) Argentina;
(b) Austria;
(c) Chile;
(d) China, People’s Republic of;
(e) Czech Republic;
(f) Ecuador;
(g) Greece;
(h) Hungary;
(i) Indonesia;
(j) Israel;
(k) Luxembourg;
(l) Malaysia;
(m) Peru;
(n) Poland;
(o) Portugal;
(p) San Marino;
(q) Singapore;
(r) Slovak Republic;
(s) Slovenia;
(t) Spain;
(u) Thailand;
(v) Turkey;
(w) United States of America;
(x) Uruguay;
(y) Vietnam.
Place and manner
(3) For the purposes of paragraph 1224A(3)(aa) of Schedule 1 to the Regulations, the place and manner for making an application for a Work and Holiday (Temporary) (Class US) visa for an applicant in the circumstances specified in an item in Column 1 of the table in Schedule 2 are the place and manner specified in Column 2 for that item.
Exempt classes of persons
(4) 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 the visa:
(a) Argentina;
(b) Austria;
(c) Chile;
(d) China, the People’s Republic of;
(e) Israel;
(f) Portugal;
(g) Singapore;
(h) Spain;
(i) United States of America.
7 Subclass 462 (Work and Holiday) visa applications
(1) For the purposes of paragraph 462.212(b) of Schedule 2 to the Regulations, for each foreign country specified in subsection 6(2), the applicant is aged at least 18 and no more than 30.
(2) For the purposes of paragraph 462.221(c) of Schedule 2 to the Regulations, the educational qualification mentioned in an item in the table in Schedule 3 is specified for the foreign country mentioned in Column 2 of the table for that item.
Part 3—Application provision
8 Application of this instrument
(1) This instrument applies in relation to an application for a Work and Holiday (Temporary) (Class US) visa that is made on or after 1 July 2019.
(2) Despite the repeal of Migration (LIN 18/174: Arrangements for Work and Holiday Visa Applications) Instrument 2018 (F2019C00170) in Schedule 4, that instrument continues to apply in relation to an application for a Work and Holiday (Temporary) (Class US) visa that is made but not finally determined before 1 July 2019.
Schedule 1—Approved form
| Item | Column 1 Applicant’s circumstances | Column 2 Approved form |
| 1 | If an applicant: (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 specified in subsection 6(2) | (a) 1208 (Internet); or (b) if an officer of the Department has sent an authorising email to the applicant—1208 |
| 2 | If an applicant: (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 country specified in subsection 6(2), except for the People’s Republic of China | (a) 1208 (Internet); or (b) if an officer of the Department has sent an authorising email to the applicant—1208 |
| 3 | If an applicant: (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 | 1208 |
Schedule 2—Place and manner
| Item | Column 1 Applicant’s circumstances | Column 2 Place and manner |
| 1 | The applicant uses approved form 1208 (Internet) | As an internet application |
| 2 | An officer of the Department has sent an authorising email to the applicant | (a) the applicant must attach a copy of the authorising email to the approved form 1208; and (b) the applicant must submit the application in accordance with the directions in the authorising email 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) |
| 3 | The applicant: (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 | By appointment and in person at any of the following addresses: (a) Australian Visa Application Centre Beijing (b) Australian Visa Application Centre Guangzhou (c) Australian Visa Application Centre Shanghai (d) Australian Visa Application Centre Chengdu |
Schedule 3—Educational qualifications
| Item | Column 1 Foreign country | Column 2 Educational qualifications |
| 1 | Argentina | (a) tertiary qualifications; or (b) successful completion of two years of undergraduate university study |
| 2 | Austria | (a) tertiary qualifications; or (b) successful completion of at least two years of undergraduate university 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 two years of undergraduate university study |
| 5 | Czech Republic | (a) tertiary qualifications; or (b) successful completion of at least two years of undergraduate university study |
| 6 | Ecuador | (a) tertiary qualifications; or (b) successful completion of at least two years of undergraduate university study |
| 7 | Greece | (a) tertiary qualifications; or (b) successful completion of at least two years of undergraduate university study |
| 8 | Hungary | (a) tertiary qualifications; or (b) successful completion of at least two years of undergraduate university study |
| 9 | Indonesia | (a) tertiary qualifications; or (b) successful completion of at least two 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 two years of undergraduate university study |
| 12 | Malaysia | (a) tertiary qualifications; or (b) successful completion of at least two years of undergraduate university study |
| 13 | Peru | (a) tertiary qualifications; or (b) successful completion of at least two years of undergraduate university study |
| 14 | Poland | (a) tertiary qualifications; or (b) successful completion of at least two years of undergraduate university study |
| 15 | Portugal | (a) tertiary qualifications; or (b) successful completion of at least two years of undergraduate university study |
| 16 | San Marino | (a) tertiary qualifications; or (b) successful completion of at least two years of undergraduate university study |
| 17 | Singapore | (a) tertiary qualifications; or (b) successful completion of at least two years of undergraduate university study |
| 18 | Slovak Republic | (a) tertiary qualifications; or (b) satisfactory completion of at least two years of undergraduate university study |
| 19 | Slovenia | (a) tertiary qualifications; or (b) successful completion of at least two years of undergraduate university study |
| 20 | Spain | (a) tertiary qualifications; or (b) satisfactory completion of at least two years of undergraduate university study |
| 21 | Thailand | Diploma or degree |
| 22 | Turkey | (a) tertiary qualifications; or (b) satisfactory completion of at least two years of undergraduate university study |
| 23 | United States of America | Secondary school qualifications |
| 24 | Uruguay | (a) tertiary qualifications; or (b) successful completion of at least two years of undergraduate university study |
| 25 | Vietnam | (a) tertiary qualifications; or (b) successful completion of at least two years of undergraduate university study |
Schedule 4—Repeals
Migration (LIN 18/174: Arrangements for Work and Holiday Visa Applications) Instrument 2018 (F2019C00170)
1 The whole of the instrument
Repeal the instrument.
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