Migration (Arrangements for subclass 417 visa applications) Instrument (LIN 22/051) 2022

Administered by Department of Home Affairs

Legislation au F2022L00830 Not in force Legislative Instrument

Legislation content

LIN 22/051

Migration (Arrangements for subclass 417 visa applications) Instrument (LIN 22/051) 2022

made under the Migration Regulations 1994

Compilation no. 1

 

Compilation date 1 July 2023

 

This compilation was prepared by the Department of Home Affairs on 1 July 2023 taking into account amendments up to Migration (Arrangements for subclass 417 visa applications) Amendment Instrument (LIN 23/047) 2023.

1 Name

  This instrument is the Migration (Arrangements for subclass 417 visa applications) Instrument (LIN 22/051) 2022.

3 Definitions

  In this instrument:

ImmiAccount means the interactive portal for online services available through the Department’s website at https://immi.homeaffairs.gov.au.

written notice means an email from the Department authorising an applicant for a Working Holiday (Subclass 417) visa to submit Form 1150 to WHM.invited.applications@homeaffairs.gov.au.

Form, place and manner of making application

 (1) For subitem 1225(3) of Schedule 1 to the Regulations, an applicant:

(a) must hold a passport that:

 (i) is issued by a country or region mentioned in an item of Schedule 1; and

 (ii) satisfies the conditions mentioned in the item; or

(b) must:

 (i) be in Australia; and

 (ii) have held a passport that:

(A) was issued by a country or region mentioned in an item of Schedule 1, when the applicant entered Australia; and

(B) satisfied the conditions mentioned in the item, when the applicant entered Australia; and

(C) expired after the applicant entered Australia.

Note See Regulations, Schedule 2, paragraph 417.211(1A)(a).

 (2) For subitems 1225(1) and (3) of Schedule 1 to the Regulations, an application for a Working Holiday (Subclass 417) visa must be made using Form 1150 (Internet) in ImmiAccount as an Internet application.

Note  Regulation 2.10C of the Regulations provides for the time of making an Internet application.

 (3) However, if the application cannot be made in accordance with subsection (2), it may be made using Form 1150 by email to WHM.invited.applications@
homeaffairs.gov.au if:

(a) the Department has given a written notice to the applicant authorising the applicant to make the visa application using Form 1150; and

(b) the written notice is attached to the application; and

(c) the application is submitted within 7 calendar days after which the written notice was sent (AEST or AEDST as applicable to the date on which the written notice was sent).

Working holiday eligible passport and younger age

 (1) For paragraph 417.211(2)(a) of Schedule 2 to the Regulations, a working holiday eligible passport must be:

(a) a valid passport; and

(b) held by an applicant mentioned in subsection 5(1).

Note A passport is not a working holiday eligible passport if it is not issued by a country or region mentioned in an item of Schedule 1.

 (3) For subparagraph 417.211(2)(b)(ii) of Schedule 2 to the Regulations, a younger age mentioned in an item of Schedule 1 is specified for a working holiday eligible passport issued by the country or region mentioned in the item.

Schedule 1 Country or region, conditions and younger age

(section 6)

Item

Country or region

Conditions

Younger age

1

Belgium

Passport must indicate that the applicant is a national of Belgium.

30

2

Canada

Passport must indicate that the applicant is a national of Canada.

3

Cyprus

Passport must indicate that the applicant is a national of Cyprus.

30

4

Denmark

Passport must indicate that the applicant is a national of Denmark.

5

Estonia

Passport must indicate that the applicant is a national of Estonia.

30

6

Finland

Passport must indicate that the applicant is a national of Finland.

30

7

France

Passport must indicate that the applicant is a national of France.

8

Germany

Passport must indicate that the applicant is a national of Germany.

30

9

Hong Kong Special Administrative Region of the People’s Republic of China

30

10

Ireland

Passport must indicate that the applicant is a national of Ireland.

11

Italy

Passport must indicate that the applicant is a national of Italy.

12

Japan

Passport must indicate that the applicant is a national of Japan.

30

13

Malta

Passport must indicate that the applicant is a national of Malta.

30

14

Netherlands

Passport must indicate that the applicant is a national of the Netherlands.

30

15

Norway

Passport must indicate that the applicant is a national of Norway.

30

16

Republic of Korea

Passport must indicate that the applicant is a national of the Republic of Korea.

30

17

Sweden

Passport must indicate that the applicant is a national of Sweden.

30

18

Taiwan

Passport must not purport to be an official or diplomatic passport.

30

19

United Kingdom

Passport must indicate that the applicant’s nationality is British Citizen or British National (Overseas).

 


Notes

This compilation comprises Migration (Arrangements for subclass 417 visa applications) Instrument (LIN 22/051) 2022 amended as indicated in the following tables.

Table of instruments

Name

Registration

Number

Commencement

Application, saving or transitional provisions

Migration (Arrangements for subclass 417 visa applications) Instrument (LIN 22/051) 2022

24 June 2022

F2022L00830

1 July 2022

Migration (Arrangements for subclass 417 visa applications) Amendment Instrument (LIN 23/047) 2023

29 June 2023

F2023L00888

1 July 2023

 

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

Schedule 1............

am. F2023L00888

 

Overview

The Migration (Arrangements for subclass 417 visa applications) Instrument (LIN 22/051) 2022, enacted on 24 June 2022, was introduced to provide streamlined arrangements for applicants seeking a Working Holiday (Subclass 417) visa. This legislative instrument was made under the Migration Regulations 1994 by the Department of Home Affairs. The primary objective of the instrument is to simplify the application process for eligible passport holders from specific countries or regions by establishing clear guidelines and conditions for the application submission, particularly through online platforms and authorised email channels. This instrument aims to enhance the efficiency and accessibility of the visa application process, ensuring that eligible applicants can conveniently and effectively apply for the Working Holiday visa. This legislative instrument also addresses the need to ensure that applicants meet specific criteria, such as holding a passport issued by an eligible country or region and meeting any specified age requirements. By providing detailed specifications for eligible passports and conditions, the instrument helps maintain the integrity and purpose of the Working Holiday visa scheme, which is designed to facilitate temporary work and travel opportunities for eligible foreign nationals in Australia. The policy objective is to support the Australian economy and cultural exchange by attracting young, skilled workers from partner countries for a limited period.

Scope and Application

The Migration (Arrangements for subclass 417 visa applications) Instrument (LIN 22/051) 2022 applies to applicants for a Working Holiday (Subclass 417) visa, requiring them to meet specific eligibility criteria, including holding a passport from a specified country or region and satisfying certain conditions. This legislative instrument, made under the Migration Regulations 1994, specifies that eligible applicants must either hold a passport from one of the listed countries or regions or have held such a passport upon entering Australia. The instrument outlines the process for making an application, mandating that it be submitted using Form 1150 either through the ImmiAccount portal or via email to WHM.invited.applications@homeaffairs.gov.au, contingent on receiving a written notice from the Department. Additionally, the instrument delineates the acceptable forms of identification and age requirements for eligible applicants, ensuring compliance with the regulations. This instrument has a national jurisdictional reach within Australia, governing the application process for the subclass 417 visa across the country.

Key Provisions

The Migration (Arrangements for subclass 417 visa applications) Instrument (LIN 22/051) 2022 sets forth the requirements and procedures for applicants seeking a Working Holiday (Subclass 417) visa. According to section 5(1), applicants must hold a passport issued by a country or region listed in Schedule 1 of the Regulations, which must satisfy the conditions specified in the relevant item of Schedule 1. Alternatively, if the applicant is in Australia, they must have held such a passport when they entered Australia, and the passport must have expired after their entry. Section 5(2) mandates that the application for a Working Holiday (Subclass 417) visa must be made using Form 1150 (Internet) in ImmiAccount. However, if an applicant cannot make the application online, they may submit Form 1150 by email to WHM.invited.applications@homeaffairs.gov.au, provided they have received a written notice from the Department authorising this method, attached the written notice to the application, and submitted the application within seven calendar days of receiving the notice. The obligations imposed on applicants and the Department are clearly delineated in the instrument. Applicants must ensure their passports meet the specified criteria, and they must submit their applications through the designated methods and within the stipulated timeframes. The Department, in turn, must provide written notice to applicants authorising alternative application methods when necessary and must ensure that all applications are processed in accordance with the Regulations. Section 6(1) further clarifies that a working holiday eligible passport must be valid and held by an applicant who meets the conditions outlined in section 5(1). Additionally, section 6(3) specifies that certain countries or regions have a younger age limit for applicants holding eligible passports, as detailed in Schedule 1. There are no explicit offences, penalties, or consequences for breach detailed within the instrument itself. However, any breaches of the Migration Regulations 1994, which this instrument is made under, could result in civil or criminal penalties. These penalties can include fines, imprisonment, or both, depending on the nature and severity of the breach. The maximum penalties are set out in the Migration Act 1958 and vary according to the specific provision contravened. For example, knowingly making a false or misleading statement in a visa application can lead to penalties of up to five years' imprisonment or substantial fines. Therefore, while the instrument does not specify penalties, applicants and the Department must comply with the broader legislative framework to avoid potential legal repercussions.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.