IMMI 18/089
Migration (IMMI 18/089: Arrangements for Other Visas) Instrument 2018
made under the Migration Regulations 1994
Compilation no. 2
Compilation date 14 February 2023
This compilation was prepared by the Department of Home Affairs on 14 February 2023 taking into account amendments up to Migration (Arrangements for Other Visas) Amendment Instrument (LIN 23/012) 2023).
Contents
Contents
Part 1 Preliminary
1 Name
3 Authority
4 Definitions
Part 2 Arrangements for other visas
6 Confirmatory (Residence) (Class AK) visa
7 Resolution of Status (Class CD) visa
8 Border (Temporary) (Class TA) visa
9 Transit (Temporary) (Class TX) visa
Schedule 1 Arrangements for Confirmatory (Residence) (Class AK) visa
Schedule 3 Arrangements for Border (Temporary) (Class TA) visa
Schedule 4 Arrangements for Transit (Temporary) (Class TX) visa
Notes
Table of instruments
Part 1 Preliminary
1 Name
(1) This instrument is the Migration (IMMI 18/089: Arrangements for Other Visas) Instrument 2018.
(2) This instrument may be cited as IMMI 18/089.
3 Authority
This instrument is made under subregulation 2.07(5) of the Migration Regulations 1994.
4 Definitions
Note: Subsection 172(2) of the Migration Act 1958 provides for when a person is in immigration clearance.
In this instrument:
authorising email means an email sent by an officer of the Department, authorising the applicant to make an application using the form, place and manner specified in the email.
Department means the Department of Home Affairs.
ImmiAccount means the Department of Home Affairs’ interactive portal for online services available through the Department’s website at https://immi.homeaffairs.gov.au.
Regulations means the Migration Regulations 1994.
Part 2 Arrangements for other visas
6 Confirmatory (Residence) (Class AK) visa
For the purposes of item 1111 of Schedule 1 to the Regulations, the table in Schedule 1 specifies:
(a) in Column 3—the approved form; and
(b) in Column 4—the place and manner for making an application for the corresponding kind of applicant mentioned in Column 2.
7 Resolution of Status (Class CD) visa
(1) For item 1127AA of Schedule 1 to the Regulations, an application for a Resolution of Status (Class CD) visa must be made using form 1364 (Internet) through ImmiAccount.
(2) If an officer of the Department has written to the applicant authorising the applicant to make the visa application using form 1364, an application for a Resolution of Status (Class CD) visa cannot be made in accordance with subsection (1), it may be made using form 1364 and posted with sufficient prepaid postage to:
Protection Visas
Department of Home Affairs
GPO Box 9984
SYDNEY NSW 2001
8 Border (Temporary) (Class TA) visa
For the purposes of item 1201 of Schedule 1 to the Regulations, the table in Schedule 3 specifies:
(a) in Column 3—the approved form; and
(b) in Column 4—the place and manner for making an application for the corresponding kind of applicant mentioned in Column 2.
9 Transit (Temporary) (Class TX) visa
(1) For the purposes of item 1224 of Schedule 1 to the Regulations, the table in Schedule 4 specifies:
(a) in Column 3—the approved form for the corresponding kind of applicant mentioned in Column 2; and
(b) in Column 4—the place and manner for making an application for the corresponding kind of applicant mentioned in Column 2; and
(2) If an officer of the Department has sent an authorising email to the applicant, the applicant may make an application by:
(a) including with the specified form, a copy of the authorising email; and
(b) submitting the application within 24 hours of the time at which the authorising email was sent, in accordance with the directions in the authorising email.
Schedule 1 Arrangements for Confirmatory (Residence) (Class AK) visa
Item No. | COLUMN 1 Class of Visa | COLUMN 2 Kind of Applicant | COLUMN 3 Approved Form | COLUMN 4 Place and Manner |
1 | Item 1111 Confirmatory (Residence) (Class AK) visa | An applicant who is covered by paragraph 1111(2A)(b), (c), (d) or (e) of Schedule 1 to the Regulations | 852 | An application must: (a) not be made when the applicant is in immigration clearance; and (b) be made by post by posting the application to: Norfolk Island Visa Application |
All other applicants | 852 | An application must be made in Australia, but not when the applicant is in immigration clearance. |
Schedule 3 Arrangements for Border (Temporary) (Class TA) visa
Item No. | COLUMN 1 Class of Visa | COLUMN 2 Kind of Applicant | COLUMN 3 Approved Form | COLUMN 4 Place and Manner |
1 | Item 1201 Border (Temporary) (Class TA) | An applicant who is: (a) a dependent child of a non-citizen; and (b) the holder of a Subclass 773 visa. | 871 | Application must be made in Australia, but not in immigration clearance. |
All other applicants | 871 | Application must be made in immigration clearance. |
Schedule 4 Arrangements for Transit (Temporary) (Class TX) visa
Item No. | COLUMN 1 Class of Visa | COLUMN 2 Kind of Applicant | COLUMN 3 Approved Form | COLUMN 4 Place and Manner |
1 | Item 1224 Transit (Temporary) (Class TX)
| All applicants | 876 (Internet); or if authorised by the Department—876 | Application must be made: (a) as an internet application; or (b) if the Department has sent the applicant an authorising email—in accordance with subsection 9(2) of this instrument. |
Notes
This compilation comprises Migration (IMMI 18/089: Arrangements for Other Visas) Instrument 2018 amended as indicated in the following tables.
Table of instruments
Name | Registration | Number | Commencement | Application, saving or transitional provisions |
Migration (IMMI 18/089: Arrangements for Other Visas) Instrument 2018 (IMMI 18/089) | 29 June 2018 | F2018L00940 | 1 July 2018 | - |
Migration (Arrangements for visa applications) Amendment Instrument (LIN 22/059) 2022 (LIN 22/059) | 7 June 2022 | F2022L00749 | 10 June 2022 | - |
Migration (Arrangements for Other Visas) Amendment Instrument (LIN 23/012) 2023 | 13 February 2023 | F2023L00100 | 14 February 2023 | - |
Table of amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted | |
Provision affected | How affected |
s. 2.................. | rep. Legislation Act 2003, s. 48D |
s. 4.................. | am. F2023L00100 |
s. 5.................. | rep. Legislation Act 2003, s. 48C |
s. 7.................. | rs. F2023L00100 |
Schedule 1............ | am. F2022L00749 |
Schedule 2............ | rep. F2023L00100 |
Schedule 5............ | rep. Legislation Act 2003, s. 48C |