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

I, Gaye Lalor, Delegate of the Minister for Immigration, Citizenship and Multicultural Affairs, make the following instrument.

Dated   14 November 2018

Gaye Lalor

Gaye Lalor

Acting Senior Executive Service, Band 1, Immigration and Visa Services Division and Delegate of the Minister for Immigration, Citizenship and Multicultural Affairs

Contents

Part 1—Preliminary  2

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

2  Commencement........................................................................................................................ 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

Schedule 1—Work and Holiday (Temporary) (Class US) visa—place, manner and form for making an application  5

Schedule 2—Work and Holiday (Temporary) (Class US) and Subclass 462 (Work and Holiday) visa—specified countries, educational qualifications and age requirements 7

Schedule 3—Repeals  14

Migration (IMMI 18/102: Arrangements for Work and Holiday and Working Holiday Visa Applications) Instrument 2018 (F2018L00773)  14

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.

2  Commencement

This instrument commences 17 November 2018.

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)    China, People’s Republic of;

(c)    Israel, State of;

(d)    Singapore;

(e)    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.

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) Peru;

(ix) Poland;

(x) Portugal;

(xi) San Marino;

(xii) Slovak Republic;

(xiii) Slovenia;

(xiv) Spain;

(xv) United States of America;

(xvi) 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
Column 3
Postal address 		Column 4
Street address
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, 21st 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
2nd 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.

 Australian High Commission
PO Box 10921
Kuala Lumpur
MALAYSIA 50730

Australian High Commission
6 Jalan Yap Kwan Seng
Kuala Lumpur
MALAYSIA 50450

OR

Australia VFS Visa Application Centre
Suite 19.06 19th floor
Wisma MCA
163 Jalan Ampang
Kuala Lumpur
MALAYSIA 50450

 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, 7th 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
3rd Floor
52 Le Dai Hanh Street,
Le Dai Hanh Ward,
Hai Ba Trung District,
Ha Noi,
VIETNAM

OR

AVAC Visa Application Centre
5th Floor
Resco Tower
94-96 Nguyen Du Street
Ben Nghe Ward, District 1,
Ho Chi Minh City,
VIETNAM

OR

AVAC Visa Application Centre
6th 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

Schedule 3—Repeals

Migration (IMMI 18/102: Arrangements for Work and Holiday and Working Holiday Visa Applications) Instrument 2018 (F2018L00773)

  1. The whole of the instrument

Repeal the instrument.

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