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

EXPLANATORY STATEMENT

Issued by authority of the Minister for Immigration and Citizenship

Migration Regulations 1994

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

1.          The instrument (departmental reference LIN 26/063) is made under subparagraph 1224A(3)(b)(iii) of Schedule 1 to the Migration Regulations 1994 (the Migration Regulations).
2.          The instrument amends 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 a power to make a legislative instrument includes a power to amend or repeal that instrument in the same manner, and subject to the same conditions, as the power to make the instrument.
3.          The instrument commences on 3 June 2026. It is a legislative instrument for the Legislation Act 2003 (the Legislation Act).

Purpose

1.          The purpose of this instrument is to amend principal instrument LIN 21/019 to specify Luxembourg as a foreign country (in its capacity as a passport issuing authority) in section 4 of the principal instrument. Section 4 operates to specify a class of persons under subparagraph 1224A(3)(b)(iii) of Schedule 1 to the Migration Regulations. The effect of the amendment is that a person who holds a valid passport issued by Luxembourg will be in a class of persons who are exempt from the requirement to provide a letter of support from their government to apply for a Subclass 462 (Work and Holiday) visa.
2.          Subparagraph 1224A(3)(b)(iii) of Schedule 1 to the Migration Regulations provides that to make a valid application for a Subclass 462 (Work and Holiday) visa, the applicant must generally provide evidence they have support for the grant of the visa (a letter of support) from the foreign country that issued their passport. This requirement applies unless the applicant is a member of a class of persons specified by the Minister in an instrument in writing under subparagraph 1224A(3)(b)(iii). The requirement in subparagraph 1224A(3)(b)(iii) also does not apply if the applicant is not and has not previously been in Australia as the holder of a Subclass 462 visa, other than an “offshore COVID-19 affected visa”.
3.          Subsection 4(3) of the principal instrument LIN 21/019 specifies the class of persons for this purpose, being applicants who hold a valid passport issued by any of the countries specified in the table under that subsection of the instrument. By specifying Luxembourg in the table, a person who holds a valid passport issued by Luxembourg will be exempt from the requirement to provide a letter of support from their government to apply for a Subclass 462 visa.

Consultation

1.          The Ministry of Foreign and European Affairs, Defence, Development Cooperation and Foreign Trade of the Grand Duchy of Luxembourg formally requested the removal of the letter of support requirement for Subclass 462 visa applicants. The formal request was agreed to on 2 April 2026 by the Minister for Immigration and Citizenship. This instrument gives effect to that arrangement.
2.          The Department will update its visa systems, website and other client-facing information to reflect the amendment when it commences.

Details of the instrument

1.          Details of the instrument are set out in the Attachment.

Parliamentary scrutiny etc.

1.      The instrument is exempt from disallowance under section 42 of the Legislation Act. This is because instruments made under Schedule 1 of the Migration Regulations are prescribed as being exempt from disallowance under paragraph 44(2)(b) of the Legislation Act. This exemption is provided for by table item 20(b) in regulation 10 of the Legislation (Exemptions and Other Matters) Regulation 2015. As the instrument is exempt from disallowance, a Statement of Compatibility with Human Rights is not required.
2.     The instrument was made by a delegate of the Minister for Immigration and Citizenship in accordance with the Migration Regulations.
   

Attachment

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

1.          Section 1 provides that the name of the instrument is the Migration Legislation Amendment (Arrangements for Work and Holiday Visas—Luxembourg) Instrument 2026.

1.          Section 2 provides that the instrument commences on 3 June 2026.
2.          Section 3 provides that the instrument is made under subparagraph 1224A(3)(b)(iii) of Schedule 1 to the Migration Regulations 1994 (the Migration Regulations).
3.          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, and any other item in a Schedule to this instrument has effect according to its terms.
4.          Item 1 of Schedule 1 to the instrument amends the table in subsection 4(3) of the principal instrument Migration (Arrangements for Work and Holiday (Subclass 462) Visa Applications) Instrument (LIN 21/019) 2021 by inserting Luxembourg into the table of foreign countries in that subsection. Under subparagraph 1224A(3)(b)(iii) of Schedule 1 to the Migration Regulations, if an applicant is not, and has not previously been in Australia as the holder of a Subclass 462 visa, other than an offshore COVID-19 affected visa, the applicant is to provide evidence they have support for the grant of the visa from the foreign country that issued the passport.
5.          An exemption applies to applicants who are in a class of persons specified by the Minister in an instrument in writing for the subparagraph. Subsection 4(3) of the instrument provides that applicants who hold a valid passport issued by any of the countries specified in the table are in a class of persons for the purposes of subparagraph 1224A(3)(b)(iii). The effect of this amendment means applicants who hold a valid passport issued by Luxembourg are exempt from the requirement to provide evidence they have the support of the government for the grant of the visa.
6.          The amendment made by the instrument relates to the requirements for making a valid application for a Work and Holiday (Temporary) (Class US) visa under Schedule 1 to the Migration Regulations. The amendment applies in relation to applications made on or after the amending instrument commences; it does not apply in relation to applications made before commencement.