Overview

The Migration (IMMI 17/127: Arrangements for Temporary Work and Temporary Activity Visa Applications) Instrument 2017 was enacted to refine the application processes for several temporary work and activity visas, including the Investor Retirement, Retirement (Temporary), Temporary Work (Short Stay Specialist), Temporary Work (International Relations), Temporary Activity, and Training visas. This instrument was created under the authority of the Migration Regulations 1994 and serves to replace the previous arrangements specified in the Migration (IMMI 17/039: Arrangements for Temporary Work and Temporary Activity Visa Applications) Instrument 2017. The policy objective behind this instrument is to streamline and modernise the visa application process, particularly for the Temporary Work (International Relations) visa, by mandating online application submissions except in cases where the Department of Home Affairs authorises the use of paper forms due to system errors. This legislative change aims to enhance efficiency and reduce administrative burden for both applicants and the department. The instrument was developed following consultations with relevant departments and was deemed not to require a Regulatory Impact Statement.

Scope and Application

The Migration (IMMI 17/127: Arrangements for Temporary Work and Temporary Activity Visa Applications) Instrument 2017 applies to individuals and entities seeking to apply for specified temporary work and temporary activity visas under the Migration Regulations 1994. It sets out the approved forms, locations, and methods for making applications for six specific visa classes: Investor Retirement (Class UY), Retirement (Temporary) (Class TQ), Temporary Work (Short Stay Specialist) (Class GA), Temporary Work (International Relations) (Class GD), Temporary Activity (Class GG), and Training (Class GF) visas. The instrument's jurisdictional reach is within the Commonwealth of Australia and it repeals the previous Instrument (F2017L00538) that governed similar arrangements. Notably, the instrument mandates that applications for the Temporary Work (International Relations) (Class GD) visa must be made online, unless expressly permitted by the Department of Home Affairs due to a systems error. The instrument exempts itself from disallowance and does not require a Regulatory Impact Statement or a Statement of Compatibility with Human Rights. It came into effect on 18 November 2017, superseding the prior arrangements for these visa applications.

Key Provisions

The Migration (IMMI 17/127: Arrangements for Temporary Work and Temporary Activity Visa Applications) Instrument 2017 (Item 1212B, 1217, 1231, 1234, 1237 and 1238) specifies the approved forms, places, and methods for making visa applications for various temporary work and activity visas, including the Investor Retirement (Class UY) visa, Retirement (Temporary) (Class TQ) visa, Temporary Work (Short Stay Specialist) (Class GA) visa, Temporary Work (International Relations) (Class GD) visa, Temporary Activity (Class GG) visa, and Training (Class GF) visa. The instrument repeals the previous corresponding instrument (F2017L00538) in accordance with the Acts Interpretation Act 1901. A significant change introduced by this instrument is the removal of the paper lodgement form for the Temporary Work (International Relations) (Class GD) visa, with only online lodgement permitted, unless authorised by the Department in the case of a systems error preventing online lodgement (Item 4). The obligations imposed by the instrument include the requirement for applicants to submit their visa applications using the specified forms and methods. For the Temporary Work (International Relations) (Class GD) visa, this means all applications must be submitted online, with the exception of those cases where the Department explicitly authorises the use of a paper form due to a systems error (Item 4). Furthermore, applicants must ensure that they are using the most recent and approved forms for their specific visa type, as detailed in the instrument. Additionally, the instrument mandates that consultations have been conducted with relevant departments, such as the Department of Foreign Affairs and Trade (DFAT) and the Department of Employment, to ensure the changes align with international and domestic policies (Item 5). Failure to comply with the requirements set out in the instrument may result in various consequences. While the specific penalties are not detailed in the explanatory statement, breaches of migration regulations generally can lead to significant civil and criminal penalties under the Migration Act 1958. For instance, providing false or misleading information in a visa application can result in fines of up to $27,500 and/or imprisonment for up to two years under section 231D of the Act. Additionally, non-compliance with the specified application procedures may lead to visa applications being refused or delayed, which can have serious implications for the applicants and their intended activities in Australia.