Migration (Arrangements for Certain Skilled and Temporary Graduate Visa Applications) Instrument (LIN 20/162) 2020
made under subregulation 2.07(5) of the
Migration Regulations 1994
Compilation No. 03
Compilation date: 1 July 2024
Includes amendments: Migration Legislation Amendment (Graduate Visas) Instrument (LIN 24/044) 2024
About this compilation
This compilation
This is a compilation of the Migration (Arrangements for Certain Skilled and Temporary Graduate Visa Applications) Instrument (LIN 20/162) 2020 that shows the text of the law as amended and in force on 1 July 2024 (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 Register (www.legislation.gov.au). 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 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 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
1 Name
3 Authority
4 Definitions
5 Application
Part 2 Arrangements for certain skilled and temporary visas
8 Form, place and manner for a Skilled (Provisional) (Class VC) visa application
9 Form, place and manner for other skilled visa applications
Endnotes
Endnote 1—About the endnotes
Endnote 3—Legislation history
Endnote 4—Amendment history
Part 1 Preliminary
1 Name
(1) This instrument is the Migration (Arrangements for Certain Skilled and Temporary Graduate Visa Applications) Instrument (LIN 20/162) 2020.
(2) This instrument may be cited as LIN 20/162.
3 Authority
This instrument is made under subregulation 2.07(5) of the Regulations.
4 Definitions
In this instrument:
authorising email means an email sent by an officer of the Department, authorising an applicant to make an application in an alternative place, or an alternative manner.
Regulations means Migration Regulations 1994.
5 Application
This instrument applies to applications for a visa made on or after the commencement of the instrument.
Part 2 Arrangements for certain skilled and temporary visas
8 Form, place and manner for a Skilled (Provisional) (Class VC) visa application
(1) Subject to subsections (2) and (3), for the purposes of item 1229 of Schedule 1 to the Regulations, an application for a Skilled (Provisional) (Class VC) visa must be made using form 1276 (internet) as an internet application.
(2) If an applicant cannot make an application in the manner specified in subsection (1), an application may be made using paper form 1409 if the Department has provided approval by an authorising email.
(3) An application referred to in subsection (2) must:
(a) be lodged according to the directions in the authorising email;
(b) attach a copy of the authorising email to the application;
(c) be submitted before 11:59pm (AEST or AEDT when applicable) on the day after the day on which the authorising email was sent.
9 Form, place and manner for other skilled visa applications
Under the item of Schedule 1 to the Regulations mentioned in column 1 of the following table, for a class of visa mentioned in column 2 for the item, an application must be made, using the form mentioned in column 3 for the item, as an internet application.
Item No. | Column 1 Item of Schedule 1 | Column 2 Class of visa | Column 3 Form |
1 | Item 1136 | Skilled (Residence) (Class VB) | 1276 (internet) |
2 | Item 1137 | Skilled Independent (Permanent) (Class SI) | 1393 (internet) |
3 | Item 1138 | Skilled—Nominated (Permanent) (Class SN) | |
3A | Item 1139 | Permanent Residence (Skilled Regional) (Class PR) | |
4 | Item 1230 | Skilled—Regional Sponsored (Provisional) (Class SP) | |
5 | Item 1241 | Skilled Work Regional (Provisional) (Class PS) |
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 how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
Endnote 2—Abbreviation key
ad = added or inserted | orig = original |
am = amended | par = paragraph(s)/subparagraph(s) |
amdt = amendment | /sub‑subparagraph(s) |
c = clause(s) | pres = present |
C[x] = Compilation No. x | prev = previous |
Ch = Chapter(s) | (prev…) = previously |
def = definition(s) | Pt = Part(s) |
Dict = Dictionary | r = regulation(s)/rule(s) |
disallowed = disallowed by Parliament | reloc = relocated |
Div = Division(s) | renum = renumbered |
exp = expires/expired or ceases/ceased to have | rep = repealed |
effect | rs = repealed and substituted |
F = Federal Register of Legislation | s = section(s)/subsection(s) |
gaz = gazette | Sch = Schedule(s) |
LA = Legislation Act 2003 | Sdiv = Subdivision(s) |
LIA = Legislative Instruments Act 2003 | 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 |
o = order(s) | commenced or to be commenced |
Ord = Ordinance |
|
Endnote 3—Legislation history
Name | Registration | Commencement | Application, saving and transitional provisions |
Migration (Arrangements for Certain Skilled and Temporary Graduate Visa Applications) Instrument (LIN 20/162) 2020 (LIN 20/162) | 11 November 2020 | 13 November 2020 | - |
Migration (Arrangements for Certain Skilled and Temporary Graduate Visa Applications) Amendment Instrument (LIN 20/297) 2020 (LIN 20/297) | 23 December 2020 | 24 December 2020 | - |
Migration (Arrangements for Certain Skilled and Temporary Graduate Visa Applications) Amendment Instrument (LIN 22/035) 2022 (LIN 22/035) | 5 March 2022 | 5 March 2022 | section 4
|
Migration Legislation Amendment (Graduate Visas) Instrument (LIN 24/044) 2024 (LIN 24/044) | 25 June 2024 | 1 July 2024 | - |
Endnote 4—Amendment history
Provision affected | How affected |
section 1 | rs. F2020L01703 |
section 2 | rep. Legislation Act 2003, s 48D |
section 3 | rs. F2022L00274 |
section 6 | rep. Legislation Act 2003, s 48C |
part 2 heading | rs. F2020L01703 |
section 7 | rep. F2024L00698 |
section 8 | am. F2020L01703 |
section 9 | ad. F2022L00274 |