Migration (Arrangements for Subclass 462 (Work and Holiday) Visa) Instrument 2026

EXPLANATORY STATEMENT

Issued by authority of the Minister for Home Affairs

Migration Regulations 1994

Migration (Arrangements for Subclass 462 (Work and Holiday) Visa) Instrument 2026

1.          The Migration (Arrangements for Subclass 462 (Work and Holiday) Visa) Instrument 2026 (departmental reference LIN 26/072) is made under the Migration Regulations 1994 (the Migration Regulations), under and for the purposes of the following provisions:
   •          subregulation 2.07(5) of the Regulations;
   •          paragraph 1224A(3)(a) of Schedule 1 to the Regulations;
   •          subparagraph 1224A(3)(b)(iii) of Schedule 1 to the Regulations;
   •          paragraph 462.221(c) of Schedule 2 to the Regulations.
2.                 The instrument repeals Migration (Arrangements for Work and Holiday (Subclass 462) Visa Applications) Instrument (LIN 21/019) 2021 (F2021L00152) (LIN 21/019) in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (the Acts Interpretation Act). That subsection provides that where an Act confers a power to make a legislative instrument, the power includes a power to amend or repeal that instrument, subject to any conditions that apply to the initial instrument-making power. 
3.                 Paragraph 13(1)(a) of the Legislation Act 2003 (the Legislation Act) applies subsection 33(3) of the Acts Interpretation Act to an instrument-making power in the Migration Regulations as if the Migration Regulations were an Act. This means that the provisions of the Migration Regulations to make the instrument also include a power to amend or repeal the instrument.
4.                 The instrument commences immediately after the commencement of the Migration Amendment (Working Holiday Maker Age Criteria) Regulations 2026 (the Amendment Regulations). The Amendment Regulations commence on 1 July 2026.
5.                 It is a legislative instrument for the Legislation Act. 

Purpose

1.                 This instrument repeals and replaces LIN 21/019, which specified matters in relation to applying for a Work and Holiday (Temporary) (Class US) visa, and relevant to the criteria for the Subclass 462 (Work and Holiday) visa (Subclass 462 visa).
2.                 This instrument is consequential to the Amendment Regulations, which made technical amendments to the Schedule 1 requirements and Schedule 2 criteria for the Work and Holiday visa. Specifically, the age limit to be eligible to apply for a Work and Holiday visa has been relocated from Schedule 2 to Schedule 1 to the Migration Regulations.
3.                 This instrument (LIN 26/072), which is made under the amended instrument making powers, otherwise continues the following matters that had been specified in LIN 21/019:
   •          the form to be used when making an application for a Work and Holiday visa;
   •          the place and manner in which a visa application is to be made;
   •          the foreign countries that may issue a passport that must be held by the applicant;
   •          the age limit for applicants (being 35 years or a younger age if specified in the instrument);
   •          the class of persons for whom evidence of support from the government of the foreign country that issued their passport is not required; and
   •          the educational qualifications, if any, that must be held by an applicant.

Consultation

1.                 The Department did not undertake external consultation in relation to the instrument. The instrument continues matters previously specified in LIN 21/019 and is necessary to support amendments made by the Amendment Regulations, which relocate age-related requirements for the Work and Holiday visa from Schedule 2 to Schedule 1 to the Migration Regulations.

Details and operation

1.             Further details of the instrument are set out in the Attachment.

Parliamentary scrutiny and other matters

1.             The instrument is exempt from disallowance under section 42 of the Legislation Act. This is because in accordance with paragraph 44(2)(b) of the Legislation Act and item 20(b) in regulation 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, instruments made under Part 2 and Schedules 1 and 2 of the Regulations are prescribed as being exempt from disallowance. Given the instrument is exempt from disallowance, a statement of compatibility in accordance with section 9 of the Human Rights (Parliamentary Scrutiny) Act 2011 is not required.
   

Attachment

Details of the instrument

1.             Section 1 sets out the name of the instrument.
2.             Section 2 provides that the instrument commences immediately after the commencement of the Migration Amendment (Working Holiday Maker Age Criteria) Regulations 2026 (the Amendment Regulations). The Amendment Regulations commence on 1 July 2026.
3.             Section 3 provides that the instrument is made under the Migration Regulations 1994, including under and for the purposes of several provisions of the Migration Regulations, including:
   •          subregulation 2.07(5) of the Regulations;
   •          paragraph 1224A(3)(a) of Schedule 1 to the Regulations;
   •          subparagraph 1224A(3)(b)(iii) of Schedule 1 to the Regulations;
   •          paragraph 462.221(c) of Schedule 2 to the Regulations.
4.             Section 4 provides that 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. Any other item in a Schedule to this instrument has effect according to its terms.
5.             Section 5 sets out the definitions of several terms used in the instrument.
6.             Subsection 6(1) specifies the approved forms for making an application for a Work and Holiday (Temporary) (Class US) visa.
7.             Subsection 6(2) specifies the manner in which an application for a Work and Holiday (Temporary) (Class US) visa must be made.
8.             Subsection 7(1) specifies, for paragraph 1224A(3)(a) of Schedule 1 to the Regulations, the foreign countries that may issue a passport that an applicant for a Work and Holiday (Temporary) (Class US) visa is to hold. The countries are specified in column 1 of the table in Schedule 1 to the instrument. Subsection 7(1) also operates for the purposes of clauses 462.212, 462.214, 462.216, 462.221 and 462.221A of Schedule 2 to the Regulations, to the extent those provisions refer to paragraph 1224A(3)(a) of Schedule 1 or to matters specified in the instrument made for that paragraph.
9.             Subsection 7(2) specifies, for subparagraph 1224A(3)(aab)(ii) of Schedule 1 to the Regulations, the younger age, if any, that applies to an applicant for a Work and Holiday (Temporary) (Class US) visa in relation to a foreign country. The younger age (if any) is set out in column 3 of the table in Schedule 1 to the instrument.
10.             Section 8 provides that applicants who hold a valid passport issued by any of the countries mentioned in the table under that section are specified to be in a class of persons for the purposes of subparagraph 1224A(3)(b)(iii) of Schedule 1 to the Regulations. If the applicant holds a passport issued by one of those countries, they are exempt from the requirement to provide evidence that the government supports the grant of the visa to the applicant. Section 8 also operates for the purposes of clauses 462.211 and 462.211A of Schedule 2 to the Regulations, where those clauses refer to the instrument made for subparagraph 1224A(3)(b)(iii) of Schedule 1 to the Regulations.
11.             Section 9 specifies, for paragraph 462.221(c) of Schedule 2 to the Regulations, the educational qualifications that an applicant must hold in relation to the foreign country mentioned in column 1 of the relevant table item. The educational qualifications are specified in column 2 of the same table item.
12.             Schedule 1 to the instrument sets out a table that operates to specify the foreign countries, educational qualifications and age requirements for the purposes of the instrument. Column 1 of the table specifies the foreign countries that may issue an applicant’s passport, column 2 specifies the educational qualifications in relation to the country that issued the applicant’s passport, and column 3 specifies the younger age limit (if any) applicable to applicants who hold a passport issued by the relevant country.
13.             Schedule 2 operates with section 4 of the instrument to repeal Migration (Arrangements for Work and Holiday (Subclass 462) Visa Applications) Instrument (LIN 21/019) 2021 (F2021L00152).