Migration (Arrangements for Work and Holiday (Subclass 462) Visa Applications) Instrument (LIN 21/019) 2021

Administered by Department of Home Affairs

Legislation au F2021L00152 Not in force Legislative Instrument

Legislation content

Migration (Arrangements for Work and Holiday (Subclass 462) Visa Applications) Instrument (LIN 21/019) 2021

made under subregulation 2.07(5); paragraph 1224A(3)(a) of Schedule 1; subparagraph 1224A(3)(b)(iii) of Schedule 1; and paragraph 462.221(c) of Schedule 2 to the

Migration Regulations 1994.

Compilation No. 7 

Compilation date: 03 June 2026

Includes amendments: Migration Legislation Amendment (Arrangements for Work and Holiday Visas – Luxembourg) Instrument 2026 (F2026L00637)

About this compilation

This compilation

This is a compilation of the Migration (Arrangements for Work and Holiday (Subclass 462) Visa Applications) Instrument (LIN 21/019) 2021 that shows the text of the law as amended and in force on 03/06/2026 (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. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

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. Any modifications affecting the law are accessible on the Register.

Selfrepealing 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

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

3  Definitions.............................................2

4  Arrangements for Work and Holiday visas.......................2

5  Educational qualifications...................................4

Schedule 1—Approved form, place and manner 5

Schedule 2—Educational qualifications 7

 

Endnotes  9

Endnote 1—About the endnotes       

Endnote 2—Abbreviation key 

Endnote 3—Legislation history 

Endnote 4—Amendment history 

1  Name

  This instrument is the Migration (Arrangements for Work and Holiday (Subclass 462) Visa Applications) Instrument (LIN 21/019) 2021.

Definitions

  In this instrument:

Written notice means an email from the Department authorising an applicant for a Work and Holiday (Subclass 462) visa to submit Form 1208 to WHM.invited.applications@homeaffairs.gov.au.

4  Arrangements for Work and Holiday visas

 (1) For subregulation 2.07(5) of the Regulations, an application by an applicant mentioned in an item of the table in Schedule 1 must be made:

(a) for subitem 1224A(1) of Schedule 1 to the Regulations, using the form mentioned for the item; and

(b) for paragraph 1224A(3)(aa) of Schedule 1 to the Regulations, in the place and manner mentioned for the item.

 (2) For paragraph 1224A(3)(a) of Schedule 1 to the Regulations:

(a) the applicant must hold a valid passport issued by any of the following foreign countries; and

 (b) for each foreign country, the applicant must be aged no more than 30.

 

Foreign country

Argentina

Austria

Brazil

Chile

China, People’s Republic of

Czech Republic

Ecuador

Greece

Hungary

India

Indonesia

Israel

Luxembourg

Malaysia

Mongolia

Papua New Guinea

Peru

Philippines, Republic of the

Poland

Portugal

San Marino

Singapore

Slovak Republic

Slovenia

Spain

Switzerland

Thailand

Turkey

United States of America

Uruguay

Vietnam

 

 (3) For subparagraph 1224A(3)(b)(iii) of Schedule 1 to the Regulations, applicants who hold a valid passport issued by any of the following countries are specified:

Foreign country

Argentina

Austria

Brazil

Chile

China, People’s Republic of

Czech Republic

Hungary

India

Israel

Luxembourg

Papua New Guinea

Portugal

Singapore

Slovak Republic

Spain

Switzerland

United States of America

Uruguay

Vietnam

Note If an applicant falls within the class specified by subsection (3), they are not required under subparagraph 1224A(3)(b)(iii) to provide evidence that the applicant has government support for the grant of the visa. 

5  Educational qualifications

  For paragraph 462.221(c) of Schedule 2 to the Regulations, the educational qualification mentioned in an item of the table in Schedule 2 is specified for applicants from the foreign country mentioned for the item.

 

 

 

 

 

 

 

 

 

Schedule 1 Approved form, place and manner

Item

Applicant

Approved form

Place and manner

1

Applicant who:

(a) is, or has previously been, in Australia as the holder of a Work and Holiday (Temporary) (Class US) visa; and

(b) holds a valid passport issued by a foreign country mentioned in paragraph 4(2)(a)

(a) Form 1208 (Internet); or

(b) if the applicant has received a written notice—Form 1208

(a) internet application; or

(b) for applicants who have received a written notice, by:

 (i) attaching a copy of the written notice to Form 1208; and

 (ii) submitting the application and written notice to WHM.invited.applications
@homeaffairs.gov.au within 7 calendar days after the written notice was sent

2

Applicant who:

(a) is not, and has not previously been, in Australia as the holder of a Work and Holiday (Temporary) (Class US) visa; and

(b) holds a valid passport issued by a foreign country mentioned in paragraph 4(2)(a) other than a valid passport issued by the People’s Republic of China

3

Applicant who:

(a) is not, and has not previously been, in Australia as the holder of a Work and Holiday (Temporary) (Class US) visa; and

(b) holds a valid passport issued by the People’s Republic of China; and

(c) has received a written invitation from the Department inviting the applicant to apply for a Work and Holiday (Temporary) (Class US) visa

(a) Form 1208 (Internet); or

(b) if the applicant has received a written notice —Form 1208

(a) internet application; or

(b) for applicants who have received a written notice, by:

 (i) attaching a copy of the written notice to Form 1208; and

 (ii) submitting the application and written notice to WHM.invited.applications
@homeaffairs.gov.au within 7 calendar days after the written notice was sent

Schedule 2 Educational qualifications

Item

Applicant

Educational qualifications

1

Argentina

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

2

Austria

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of higher education

2A

Brazil

(a) successful completion of at least 2 years of post-secondary study

3

Chile

(a) tertiary qualifications; or

(b) satisfactory completion of, or approval to undertake, a third year of undergraduate university study

4

China, People’s Republic of

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

5

Czech Republic

(a) successful completion of at least 2 years of tertiary education

6

Ecuador

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of higher education study

7

Greece

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

8

Hungary

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

8A

India

(a) successful completion of at least 2 years of post-secondary study

9

Indonesia

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

10

Israel

(a) secondary school qualifications; and

(b) completion of military service or a legal exemption from completing military service

11

Luxembourg

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

12

Malaysia

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

12A

Mongolia

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

12B

Papua New Guinea

(a)   successful completion of at least 2 years of undergraduate university study

13

Peru

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

13A

Philippines, Republic of the

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate study or post-secondary education

14

Poland

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

15

Portugal

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

16

San Marino

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

17

Singapore

(a) qualifications considered to be at tertiary level in Singapore; or

(b) successful completion of the equivalent of 2 years full-time tertiary study

18

Slovak Republic

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

19

Slovenia

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

20

Spain

(a) successful completion of at least 2 years higher education

20A

Switzerland

(a) successful completion of at least 2 years of study following compulsory schooling.

21

Thailand

(a) tertiary qualifications

22

Turkey

(a) tertiary qualifications; or

(b) satisfactory completion of at least 2 years of undergraduate university study

23

United States of America

(a) secondary school qualifications

24

Uruguay

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

25

Vietnam

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

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

p = page(s)

amdt = amendment

para = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/subsubparagraph(s)

ch = Chapter(s)

pres = present

cl = clause(s)

prev = previous

cont. = continued

(prev…) = previously

def = definition(s)

pt = Part(s)

Dict = Dictionary

r = regulation(s)/Court 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

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

/rule(s)/subrule(s)/order(s)/suborder(s)

LIA = Legislative Instruments Act 2003

sch = Schedule(s)

(md not incorp) = misdescribed amendment

SLI = Select Legislative Instrument

cannot be given effect

SR = Statutory Rules

mod = modified/modification

sub ch = SubChapter(s)

No. = Number(s)

sub div = Subdivision(s)

Ord = Ordinance

sub pt = Subpart(s)

 

underlining = whole or part not

 

commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Migration (Arrangements for Work and Holiday (Subclass 462) Visa Applications) Instrument (LIN 21/019) 2021

25 February 2021

(F2021L00152)

1 March 2021

-

Migration (Arrangements for Work and Holiday (Subclass 462) Visa Applications) Amendment Instrument (LIN 21/085) 2021

17 December 2021

(F2021L01830)

1 January 2022

 

-

Migration (Arrangements for subclass 462 visa applications) Amendment Instrument (LIN 22/052) 2022

27 June 2022

(F2022L00840)

 

1 July 2022

 

-

Migration (Arrangements for Work and Holiday (Subclass 462) Visa Applications) Amendment (Papua New Guinea) Instrument (LIN 23/034) 2023

30 June 2023

(F2023L00904)

1 July 2023

 

-

Migration (Arrangements for Work and Holiday (Subclass 462) Visa Applications) Amendment Instrument (Papua New Guinea) (LIN 23/062) 2023 (No. 2)

14 August 2023

(F2023L01080)

1 August 2023

-

Migration (Arrangements for Work and Holiday (Subclass 462) Visa Applications) Amendment (The Philippines) Instrument (LIN 24/041) 2024

24 June 2024

(F2024L00768)

1 July 2024

-

Migration (Arrangements for Work and Holiday (Subclass 462) Visa Applications) (India) Amendment Instrument (LIN 24/059) 2024

12 September 2024

(F2024L01139)

16 September 2024

-

Migration Legislation Amendment (Arrangements for Work and Holiday Visas – Luxembourg) Instrument 2026

29 May 2026

(F2026L00637)

3 June 2026

-

 

 

Endnote 4—Amendment history

 

Provision affected

How affected

section 2.................

rep. Legislation Act 2003, s. 48D

section 3.................

am. F2021L01830

 

am. F2022L00840

section 4.................

am. F2021L01830

 

am. F2022L00840

 

am. F2023L00904

 

am. F2023L01080

 

am. F2024L00768

 

am. F2024L01139

am. F2026L00637

Section 6.................

rep. Legislation Act 2003, s. 48C

Schedule 1................

am. F2021L01830

 

am. F2022L00840

Schedule 2................

am. F2021L01830

 

am. F2022L00840

 

am. F2023L00904

 

am. F2024L00768

 

am. F2024L01139

 

Interactions

Authorises

All Versions

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.