Migration Regulations 1994 - Specification of Arrangements for Business Skills Visa Applications 2016/077 - IMMI 16/077 (Cth)

Commonwealth of Australia

Migration Regulations 1994

ARRANGEMENTS FOR BUSINESS SKILLS VISA APPLICATIONS 2016/077

(Items 1104AA, 1104BA, 1104B, 1112, 1113, 1202A, 1202B)

I, PETER DUTTON, Minister for Immigration and Border Protection, acting under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations), for items 1104AA, 1104BA, 1104B, 1112, 1113, 1202A and 1202B of Schedule 1 to the Regulations:

1. REVOKE Instrument IMMI 15/029 (F2015L00546) signed on 16 April 2015; and

2. SPECIFY in the Schedule to this Instrument the approved forms for subitems 1104AA(1), 1104BA(1), 1104B(1), 1112(1), 1113(1), 1202A(1) and 1202B(1) of Schedule 1 to the Regulations; and

3. SPECIFY in the Schedule to this Instrument the place and manner for making an application for paragraphs 1104AA(3)(a), 1104BA(3)(a), 1104B(3)(a), 1112(3)(a), 1113(3)(a), 1202A(3)(a) and 1202B(3)(a) of Schedule 1 to the Regulations.

This Instrument, Arrangements for Business Skills Visa Applications 2016/077, IMMI 16/077, commences immediately after the commencement of the Migration Amendment (Entrepreneur Visa and Other Measures) Regulation 2016.

Dated: 7 September 2016

Peter Dutton

THE HON PETER DUTTON MP

Minister for Immigration and Border Protection

SCHEDULE

Item and Visa	Approved Forms	Place and manner
1	Item 1104AA Business Skills – Business Talent (Permanent) (Class EA) Subclass 132	1396 (Internet)	Applications using 1396 (Internet), 1398 (Internet) or 1397 (Internet) must be made as an Internet application. Applications using form 1487 must be made by: (a) posting the application (with correct prepaid postage) to: Adelaide Business Skills Processing Centre Department of Immigration and Border Protection GPO Box 2399 ADELAIDE SA 5001 AUSTRALIA; or (b) having the application delivered by courier service to: Adelaide Business Skills Processing Centre Department of Immigration and Border Protection Level 4 70 Franklin Street ADELAIDE SA 5001 AUSTRALIA.
2	Item 1104BA Business Skills – (Permanent) (Class EC) Subclass 888	1398 (Internet)
3	Item 1202B Business Skills – (Provisional) (Class EB) Subclass 188 For applicants seeking to satisfy the criteria for the grant of a Subclass 188 – Business Innovation and Investment (Provisional) visa excluding the Entrepreneur Stream.	1397 (Internet)
4	Item 1202B Business Skills – (Provisional) (Class EB) Subclass 188 For applicants seeking to satisfy the criteria for the grant of a Subclass 188 – Business Innovation and Investment (Provisional) visa in the Entrepreneur Stream	1487
5	Item 1104B Business Skills – (Residence) (Class DF) Subclasses: 890 891 892 893	(a) For applicants seeking to satisfy the criteria for the grant of a Subclass 890 (Business Owner) visa: 47BU and 1217 (b) For applicants seeking to satisfy the criteria for the grant of a Subclass 891 (Investor) visa: 47BU (c) For applicants seeking to satisfy the criteria for the grant of a Subclass 892 (State/Territory Sponsored Business Owner) visa: 47BU, 1217 and 949 (d) For applicants seeking to satisfy the criteria for the grant of a Subclass 893 (State/Territory Sponsored Investor) visa: 47BU and 949	Application must be made in Australia but not in immigration clearance.
6	Item 1112 Distinguished Talent (Migrant) (Class AL) Subclass 124 and Item 1113 Distinguished Talent (Residence) (Class BX) Subclass 858	47SV	Applications must be made by: (a) posting the application (with correct prepaid postage) to: Distinguished Talent Application Department of Immigration and Border Protection GPO Box 2399 ADELAIDE SA 5001 AUSTRALIA; or (b) having the application delivered by courier service to: Distinguished Talent Application Department of Immigration and Border Protection Level 4 70 Franklin Street ADELAIDE SA 5000.
7	Item 1202A Business Skills – (Provisional) (Class UR) Subclasses: 160 161 162 163 164 165	(a) 47BT and: (i) 1136; or (ii) 1137; or (iii) 1139.	If the applicants residential address, given using form 47BT, is in Taiwan or the People’s Republic of China, including Hong Kong or Macau, to the following address: Australian Consulate General 24th Floor, Harbour Centre 25 Harbour Road Wanchai HONG KONG In any other case applications must be made by: (a) posting the application (with correct prepaid postage) to: Adelaide Business Skills Processing Centre Department of Immigration and Border Protection GPO Box 2399 ADELAIDE SA 5001 AUSTRALIA; or (b) having the application delivered by courier service to: Adelaide Business Skills Processing Centre Department of Immigration and Boarder Protection Level 4 70 Franklin Street ADELAIDE SA.

Note 1: Subregulation 2.10(2A) provides that if  an application is made in Australia  - and there are no requirements  in Part 2 or Schedule 1to the Regulations about where to apply -  the  application must be made at an office of Immigration in Australia.