Migration (IMMI 18/085: Arrangements for Temporary Work and Temporary Activity Visa Applications) Instrument 2018

Administered by Department of Home Affairs

Legislation au F2018L00863 In force Legislative Instrument

Legislation content

IMMI 18/085

Migration (IMMI 18/085: Arrangements for Temporary Work and Temporary Activity Visa Applications) Instrument 2018

made under the Migration Regulations 1994

Compilation no. 1

 

Compilation date 5 March 2022

 

This compilation was prepared by the Department of Home Affairs on 5 March 2022 taking into account amendments up to Migration (Arrangements for Temporary Work (International Relations) (Class GD) visa applications) (LIN 22/009) Instrument 2022.

Contents

Part 1 – Preliminary 3

1 Name 3

3 Authority 3

4 Definitions 3

5 Schedules 3

Part 2 – Arrangements for Temporary Work and Temporary Activity Visa Applications              3

6 Investor Retirement (Class UY) visa 3

7 Retirement (Temporary) (Class TQ) visa 3

8 Temporary Work (Short Stay Specialist) (Class GA) visa 3

10 Temporary Activity (Class GG) visa 4

11 Training (Class GF) visa 4

Schedule 1—Arrangements for Investor Retirement (Class UY) visa 5

Schedule 2—Arrangements for Retirement (Temporary) (Class TQ) visa 6

Schedule 3—Arrangements for Temporary Work (Short Stay Specialist) (Class GA) visa              7

Schedule 5—Arrangements for Temporary Activity (Class GG) visa 8

Schedule 6—Arrangements for Training (Class GF) visa 9


Part 1 – Preliminary

1 Name

 (1) This instrument is the Migration (IMMI 18/085: Arrangements for Temporary Work and Temporary Activity Visa Applications) Instrument 2018.

 (2) This instrument may be cited as IMMI 18/085.

3 Authority

  This instrument is made under subregulation 2.07(5) of the Regulations.

4 Definitions

Note: Member of the family unit is defined in Regulation 1.12 of the Regulations.

In this instrument:

Officer has the meaning given by subsection 5(1) of the Migration Act 1958.

Primary Applicant means a visa applicant who is seeking to satisfy the primary criteria for the grant of the visa.

Regulations means the Migration Regulations 1994.

Secondary Applicant means a visa applicant who is seeking to satisfy the secondary criteria for the grant of the visa.

Visa applicant has the meaning given by subsection 5(1) of the Migration Act 1958.

5 Schedules

  Each instrument that is specified in a Schedule to this instrument is repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Part 2 – Arrangements for Temporary Work and Temporary Activity Visa Applications

6 Investor Retirement (Class UY) visa

  For the purposes of subitem 1212B(1) and paragraph 1212B(3)(a) of Schedule 1 to the Regulations, the table in Schedule 1 specifies:

(a) in Column B, the approved form; and

(b) in Column C, the place and manner for making an application.

7 Retirement (Temporary) (Class TQ) visa

  For the purposes of subitem 1217(1) and paragraph 1217(3)(a) of Schedule 1 to the Regulations, the table in Schedule 2 specifies:

(a) in Column B, the approved form; and

(b) in Column C, the place and manner for making an application.

8 Temporary Work (Short Stay Specialist) (Class GA) visa

  For the purposes of subitem 1231(1) and paragraph 1231(3)(a) of Schedule 1 to the Regulations, the table in Schedule 3 specifies:

(a) in Column B, the approved form; and

(b) in Column C, the place and manner for making an application.

10 Temporary Activity (Class GG) visa

  For the purposes of subitem 1237(1) and item 1 of the table in subitem 1237(3) of Schedule 1 to the Regulations, for the corresponding kind of applicant in Column A, the table in Schedule 5 specifies:

(a) in Column B, the approved form; and

(b) in Column C, the place and manner for making an application.

11 Training (Class GF) visa

  For the purposes of subitem 1238(1) and item 1 of the table in subitem 1238(3) of Schedule 1 to the Regulations, for the corresponding kind of applicant in Column A, the table in Schedule 6 specifies:

(a) in Column B, the approved form; and

(b) in Column C, the place and manner for making an application. 


Schedule 1—Arrangements for Investor Retirement (Class UY) visa

 

Item No.

Column A

Kind of Applicant

Column B

Approved Form

Column C

Place and Manner

1

All visa applicants for an Investor Retirement (Class UY) visa.

1383

An application must be:

(a) posted with correct prepaid postage to:

Specialist Temporary Entry Centre (TAS)

Department of Home Affairs

GPO Box 794

HOBART TAS 7001; or

(b) delivered by courier service to:

Specialist Temporary Entry Centre (TAS)

Department of Home Affairs

Level 14, 188 Collins Street

HOBART TAS 7000.

 


Schedule 2—Arrangements for Retirement (Temporary) (Class TQ) visa

 

Item No.

Column A

Kind of Applicant

Column B

Approved Form

Column C

Place and Manner

1

All visa applicants for a Retirement (Temporary)

(Class TQ) visa.

1383

An application must be:

(a) posted with correct prepaid postage to:

Specialist Temporary Entry Centre (TAS)

Department of Home Affairs

GPO Box 794

HOBART TAS 7001; or

(b) delivered by courier service to:

Specialist Temporary Entry Centre (TAS)

Department of Home Affairs

Level 14, 188 Collins Street

HOBART TAS 7000.

 


Schedule 3—Arrangements for Temporary Work (Short Stay Specialist) (Class GA) visa

 

Item No.

Column A

Kind of Applicant

Column B

Approved Form

Column C

Place and Manner

1

All visa applicants for a Temporary Work (Short Stay Specialist) (Class GA) visa.

1400 (Internet); or

if authorised by the Department, 1400.

The applicant must be outside Australia and an application must be made:

(a) as an internet application; or

(b) in accordance with the directions set out in an email sent by an officer, from an official departmental email address, authorising the use of approved form 1400, by the end of the next day after which the authorising email was sent (AEST or AEDST as applicable to the date on which the authorisation was given); or

(c)  if an officer has authorised the use of approved form 1400, an application may also be made at a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth outside Australia.

 


Schedule 5—Arrangements for Temporary Activity (Class GG) visa

 

Item No.

Column A

Kind of Applicant

Column B

Approved Form

Column C

Place and Manner

1

A Primary Applicant for a Temporary Activity

(Class GG) visa and a Secondary Applicant for a Temporary Activity

(Class GG) visa, who is making a combined application with the Primary Applicant.

1480 (Internet); or

if authorised by the Department, 1480.

An application must be made:

(a) as an internet application; or

(b) in accordance with the directions set out in an email sent by an officer, from an official departmental email address, authorising the use of form 1480 or 1481, by the end of the next day after which the authorising email was sent (AEST or AEDST as applicable to the date on which the authorisation was given); or

(c)  if the applicant is outside Australia, and an officer has authorised the use of approved form 1480 or 1481,an application may also be made at a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth outside Australia.

2

A Secondary Applicant for a Temporary Activity (Class GG) visa who is not making a combined application with the Primary Applicant. 

1481 (Internet); or

if authorised by the Department, 1481.

 


Schedule 6—Arrangements for Training (Class GF) visa

 

Item No.

Column A

Kind of Applicant

Column B

Approved Form

Column C

Place and Manner

1

A Primary Applicant for a Training (Class GF) visa and a Secondary Applicant for a Training (Class GF) visa, who is making a combined application with the Primary Applicant. 

1479 (Internet); or

if authorised by the Department, 1479.

An application must be made:

(a) as an internet application; or

(b) in accordance with the directions set out in an email sent by an officer, from an official departmental email address, authorising the use of form 1479 or 1481 by the end of the next day after which the authorising email was sent (AEST or AEDST as applicable to the date on which the authorisation was given); or

(c) if the applicant is outside Australia, and an officer has authorised the use of approved form 1479 or  approved form 1481, at a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth outside Australia.

2

A Secondary Applicant for a Training (Class GF) visa who is not making a combined application with the Primary Applicant.

1481 (Internet); or

if authorised by the Department, 1481.


Notes

This compilation comprises Migration (IMMI 18/085: Arrangements for Temporary Work and Temporary Activity Visa Applications) Instrument 2018 amended as indicated in the following tables.

Table of instruments

Name

Registration

Number

Commencement

Application, saving or transitional provisions

Migration (IMMI 18/085: Arrangements for Temporary Work and Temporary Activity Visa Applications) Instrument 2018 (IMMI 18/085)

25 June 2018

F2018L00863

1 July 2018

-

Migration (Arrangements for Temporary Work (International Relations) (Class GD) visa applications) (LIN 22/009) Instrument 2022 (LIN 22/009)

4 March 2022

F2022L00245

5 March 2022

-

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 9..............

rep. F2022L00245

schedule 4............

rep. F2022L00245

schedule 7............

rep. Legislation Act 2003, s 48C

 

Overview

The Migration (IMMI 18/085: Arrangements for Temporary Work and Temporary Activity Visa Applications) Instrument 2018 was enacted to provide specific arrangements for the application process of certain temporary work and activity visas under the Migration Regulations 1994. This legislative instrument, made under subregulation 2.07(5) of the Regulations, aims to streamline and clarify the application procedures for visas such as the Investor Retirement (Class UY) visa, Retirement (Temporary) (Class TQ) visa, Temporary Work (Short Stay Specialist) (Class GA) visa, Temporary Activity (Class GG) visa, and Training (Class GF) visa. The enacting body responsible for this instrument is the Australian Parliament, and the policy objective is to ensure that the application processes for these temporary visas are efficient, clear, and accessible to applicants both within and outside Australia. This legislative instrument sets out the approved forms, places, and methods for submitting applications, thereby facilitating the visa application process for individuals seeking to enter Australia temporarily for work or activity purposes.

Scope and Application

The Migration (IMMI 18/085: Arrangements for Temporary Work and Temporary Activity Visa Applications) Instrument 2018 applies to specific visa applicants seeking temporary work and temporary activity visas in Australia. This instrument provides detailed procedural arrangements for the submission of visa applications for Investor Retirement (Class UY), Retirement (Temporary) (Class TQ), Temporary Work (Short Stay Specialist) (Class GA), Temporary Activity (Class GG), and Training (Class GF) visas. The regulations specify the approved forms and the approved places and methods for submitting these applications, which are primarily directed to be submitted through designated centres in Hobart, Tasmania. In some cases, applications can be made by internet, by post, or at diplomatic or consular offices overseas, depending on the applicant's location and the authorisation granted by the Department of Home Affairs. The instrument is made under the Migration Regulations 1994 and applies to all Commonwealth areas and territories, providing a comprehensive framework for the submission of these particular visa applications. The instrument does not specify exclusions or exemptions, but its application can be further extended or restricted through subordinate instruments.

Key Provisions

The Migration (IMMI 18/085: Arrangements for Temporary Work and Temporary Activity Visa Applications) Instrument 2018 provides detailed instructions for the application process for various temporary work and activity visas. Section 6 of the instrument outlines the requirements for an Investor Retirement (Class UY) visa, including the approved form and the specific manner and place for submitting an application. Similarly, Section 7 specifies the requirements for a Retirement (Temporary) (Class TQ) visa, while Section 8 details the conditions for a Temporary Work (Short Stay Specialist) (Class GA) visa. Section 10 and 11 cover the application process for Temporary Activity (Class GG) visas and Training (Class GF) visas, respectively. The instrument imposes several obligations on applicants seeking these visas. For instance, applicants for an Investor Retirement (Class UY) visa must submit their application using the approved form 1383 and send it either by post or courier to the Specialist Temporary Entry Centre in Hobart. The same requirements apply for applicants of a Retirement (Temporary) (Class TQ) visa, with applications also needing to be sent to the same address. For Temporary Work (Short Stay Specialist) (Class GA) visa applicants, the instrument stipulates that applications can be made online or via specific forms approved by the Department of Home Affairs, depending on the location of the applicant. Additionally, applicants for Temporary Activity (Class GG) and Training (Class GF) visas must also adhere to specific forms and application procedures, including the possibility of applying at designated offices outside Australia if authorised. Violations of the provisions outlined in this instrument can lead to significant consequences. While the instrument does not explicitly detail penalties for non-compliance, breaches of visa application requirements can result in the refusal of a visa application, deportation, or other immigration-related penalties under the Migration Act 1958. These penalties can include fines and imprisonment, depending on the nature and severity of the breach. It is crucial for applicants to strictly adhere to the application processes and requirements specified in this instrument to avoid any adverse consequences.

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