LIN 21/013
Immigration (Education) (Specification of temporary visas) Instrument (LIN 21/013) 2021
made under the Immigration (Education) Act 1971 (the Act)
Compilation no. 1
Compilation date 16 September 2021
This compilation was prepared by the Department of Home Affairs on 16 September 2021 taking into account amendments up to Immigration (Education) (Specification of temporary visas) Amendment Instrument (LIN 21/070) 2021.
1 Name
This instrument is the Immigration (Education) (Specification of temporary visas) Instrument (LIN 21/013) 2021.
3 Definitions
In this instrument:
class, in relation to a visa, has the meaning given by regulation 2.01 of the Migration Regulations.
Migration Regulations means the Migration Regulations 1994.
temporary visa has the meaning given by subsection 30(2) of the Migration Act 1958.
subclass, in relation to a visa, has the meaning given by regulation 2.02 of the Migration Regulations.
5 Temporary visa classes
For subparagraphs 4(1)(b)(ii) and 4A(1)(a)(ii) of the Act, a subclass of visa in an item in column 2 of the table, of the class of temporary visa in column 1 of the table for that item, is specified.
Item | Column 1 Class of temporary visa | Column 2 Subclass |
1 | Business Skills (Provisional) (Class UR) | 160 Business Owner (Provisional) 161 Senior Executive (Provisional) 162 Investor (Provisional) 163 State/Territory Sponsored Business Owner (Provisional) 164 State/Territory Sponsored Senior Executive (Provisional) 165 State/Territory Sponsored Investor (Provisional) |
2 | Business Skills (Provisional) (Class EB) | 188 Business Innovation and Investment (Provisional) |
3 | Dependent Child (Class TK) | 445 Dependent Child |
4 | Partner (Temporary) (Class UK) | 820 Partner |
5 | Partner (Provisional) (Class UF) | 309 Partner (Provisional) |
5A | Temporary Safe Haven (Class UJ) | 449 Humanitarian Stay (Temporary) |
6 | Temporary (Humanitarian Concern) (Class UO) | 786 Temporary (Humanitarian Concern) |
7 | Skilled–Regional Sponsored (Provisional) (Class SP) | 489 Skilled Regional (Provisional) |
8 | Skilled Work Regional (Provisional) (Class PS) | 491 Skilled Work Regional (Provisional) |
9 | Skilled Employer Sponsored Regional (Provisional) (Class PE) | 494 Skilled Employer Sponsored Regional (Provisional) |
10 | Bridging F (Class WF) | 060 Bridging F |
11 | Temporary Protection (Class XD) | 785 Temporary Protection |
12 | Safe Haven Enterprise (Class XE) | 790 Safe Haven Enterprise |
6 Repealed classes of visas
(1)This section applies to a subclass of visa specified in column 2 of the table, of a class of visa specified in column 1 for that item, despite the repeal of the subclass of visa from the Migration Regulations.
(2)For subparagraphs 4(1)(b)(ii) and 4A(1)(a)(ii) of the Act, each subclass of visa is specified for visas that were granted before the commencement of this instrument.
Item | Column 1 Class of visa | Column 2 Subclass |
1 | Interdependency (Provisional) (Class UG) | 310 Interdependency (Provisional) |
2 | Skilled–Regional Sponsored (Class VF) | 475 Skilled Regional Sponsored |
3 | Skilled Regional Sponsored (Class VC) | 487 Skilled Regional Sponsored |
4 | Skilled–Independent Regional (Provisional) (Class UX) | 495 Skilled Independent Regional (Provisional) |
5 | Resolution of Status (Temporary) (Class UH) | 850 Resolution of Status |
Notes
This compilation comprises Immigration (Education) (Specification of temporary visas) Instrument (LIN 21/013) 2021 amended as indicated in the following tables.
Table of instruments
Name | Registration | Number | Commencement | Application, saving or transitional provisions |
Immigration (Education) (Specification of temporary visas) Instrument (LIN 21/013) 2021 | 19 April 2021 | F2021L00465 | 20 April 2021 | ‑ |
Immigration (Education) (Specification of temporary visas) Amendment Instrument (LIN 21/070) 2021 | 15 September 2021 | F2021L01267 | 16 September 2021 | ‑ |
Table of amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
section 2.............. | rep. Legislation Act 2003, s. 48D |
section 4.............. | rep. Legislation Act 2003, s. 48C |
section 5.............. | am LIN 21/070 |
Overview
The Immigration (Education) (Specification of temporary visas) Instrument (LIN 21/013) 2021 was enacted to specify certain subclasses of temporary visas that fall under the provisions of the Immigration (Education) Act 1971. This legislative instrument was created by the Department of Home Affairs to provide clarity and detail in the classification of temporary visas, addressing a gap in the specificity of visa subclasses within the Act. The instrument aims to ensure that the subclasses of visas listed are clearly defined for the purposes of the Act. This was achieved by specifying subclasses for various classes of temporary visas and including repealed subclasses for visas granted before the instrument's commencement, ensuring continuity in visa status for those already in Australia under these visas. The objective of this instrument is to facilitate the administration of the Immigration (Education) Act by clearly delineating which temporary visa subclasses are applicable.
The Immigration (Education) (Specification of temporary visas) Instrument (LIN 21/013) 2021 was made under the authority granted by the Immigration (Education) Act 1971 and was registered under the Legislation Act 2003. The instrument was designed to provide a comprehensive and updated list of temporary visa subclasses, thereby supporting the effective implementation and enforcement of the Act. By specifying these subclasses, the instrument ensures that the temporary visas are correctly identified and managed within the framework of Australian immigration law, contributing to the orderly processing of visa applications and the maintenance of visa holder statuses.
Scope and Application
The Immigration (Education) (Specification of temporary visas) Instrument (LIN 21/013) 2021, made under the Immigration (Education) Act 1971, pertains to the classification and specification of temporary visas for individuals involved in education-related activities in Australia. This legislative instrument applies to various subclasses of temporary visas, including Business Skills, Partner, Humanitarian, and Bridging visas, as detailed in the accompanying table. These subclasses cover a range of visa categories such as Business Skills (Provisional), Partner (Temporary), Temporary (Humanitarian Concern), and Bridging F. The instrument also addresses subclasses that have been repealed but remain relevant for those who were granted visas prior to the commencement of this legislation. Geographically, the scope of this instrument is national, aligning with the broader legislative framework under the Migration Act 1958. While the primary focus is on education-related temporary visas, the instrument does not explicitly state exclusions or exemptions beyond the specified subclasses and their respective categories. Subordinate instruments may further extend or refine the application of this legislation, ensuring it remains adaptable to changing educational and immigration policies.
Key Provisions
The Immigration (Education) (Specification of temporary visas) Instrument (LIN 21/013) 2021 specifies subclasses of temporary visas under the Immigration (Education) Act 1971, primarily for educational purposes. This legislative instrument identifies specific subclasses of temporary visas, such as the Business Skills (Provisional) visa subclass 160 and the Partner (Temporary) visa subclass 820, among others (sections 5 and 6). It also includes subclasses that have been repealed but are still recognised for certain existing visas (section 6).
The obligations and requirements imposed by this instrument are primarily on the Department of Home Affairs and visa applicants. The Department must ensure that the subclasses of visas specified align with the provisions of the Immigration (Education) Act 1971. Visa applicants must meet the specific criteria for the subclass they are applying for, which includes fulfilling educational requirements as outlined in the Act and associated regulations. This involves submitting necessary documentation and meeting any conditions that may be attached to their visa (section 5).
There are no explicit offences, penalties, or civil/criminal consequences detailed in this instrument itself. However, breaches of the conditions attached to a visa, or failure to comply with the requirements of the Immigration (Education) Act 1971, could lead to the cancellation of a visa, deportation, and potential bans from re-entering Australia. These outcomes are governed by the broader provisions of the Migration Act 1958 and the Migration Regulations 1994, which include provisions for penalties and enforcement actions (sections 5 and 6).