Migration (LIN 19/184: Arrangements for Work and Holiday Visa Applications) Instrument 2019

Administered by Department of Home Affairs

Legislation au F2019L00918 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Migration Regulations 1994

Migration (LIN 19/184: Arrangements for Work and Holiday Visa Applications) Instrument 2019

(Subregulation 2.07(5), paragraph 1224A(3)(a) and subparagraph 1224A(3)(b)(iii) of Schedule 1, and paragraphs 462.212(b) and 462.221(c) of Schedule 2 to the Regulations)

  1. The instrument, LIN 19/184, is made under subregulation 2.07(5), paragraph 1224A(3)(a) and subparagraph 1224A(3)(b)(iii) of Schedule 1 to the Migration Regulations 1994 (the Regulations) and paragraphs 462.212(b) and 462.221(c) of Schedule 2 to the Regulations.
  2. The instrument repeals LIN 18/174 (F2019C00170) made under subregulation 2.07(5), paragraph 1224A(3)(a) and subparagraph 1224A(3)(b)(iii) of Schedule 1 to the Regulations and paragraphs 462.212(b) and 462.221(c) of Schedule 2 to the Regulations, in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (the AIA). Subsection 33(3) of the AIA states that where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
  3. The instrument operates to specify the requirements needed when applying to an application for a Work and Holiday (Temporary) (Class US) visa (Work and Holiday visa) as follows:
    1. for the purposes of subitem 1224(1) of Schedule 1 to the Regulations, the instrument specifies the approved form for making a valid application;
    2. for the purposes of paragraph 1224A(3)(a) of Schedule 1 to the Regulations, the instrument specifies the foreign countries that an applicant’s valid passport must be issued by;
    3. for the purposes of paragraph 1224A(3)(aa) of Schedule 1 to the Regulations, the instrument specifies the place and manner in which an application must be made;
    4. for the purposes of subparagraph 1224A(3)(b)(iii) of Schedule 1 to the Regulations, the instrument specifies the class of persons that do not have to provide evidence of government support for the grant of a Work and Holiday visa.
  4. The instrument also operates to specify:
    1. the minimum standards of education qualifications an applicant for a Subclass 462 (Work and Holiday) visa must satisfy at the time of application; and
    2. the maximum age for persons seeking to meet the criteria for a Subclass 462 visa.
  5. The purpose of the instrument is to:
    1. amend lodgement requirements for Indonesian, Singaporean, Thai, Turkish and Vietnamese applicants, to provide that applications are to be made online except if an officer of the Department has sent an authorising email to the applicant; and
    2. add Ecuador and Greece as specified foreign countries for the purposes of paragraph 1224A(3)(a) of Schedule 1 to the Regulations, allowing Ecuadorian and Greek passport holders to apply for and be granted a Work and Holiday visa; and
    3. exempt Austrian, Portuguese and Spanish applicants from providing evidence of government support for the grant of their visa.
  6. The changes will only apply in relation to new applications for a Work and Holiday visa made on or after 1 July 2019. Applications made before 1 July 2019 are subject to the requirements set out in LIN 18/174.
  7. Consultation was undertaken before the instrument was made as follows:
    1. The Governments of Ecuador and Greece were consulted, in collaboration with the Department of Foreign Affairs, regarding the addition of these two countries to the Work and Holiday visa program. A Memorandum of Understanding was signed with Greece on 14 May 2014 and with Ecuador on 19 January 2017.
    2. The embassies of Austria, Portugal and Spain were consulted through the exchange of diplomatic letters regarding the change to exempt applicants from providing evidence of government support for the grant of a Work and Holiday visa. The Australian post in Germany was also consulted in this process.
  8. The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required (OBPR Reference 23760, 24785 and 25257).
  9. The officer (Senior Executive Service, Band one, Immigration and Visa Services Division) who made the instrument was delegated the powers required to make the instrument in Minister – Delegations Instrument No. 5 of 2018 (Instrument Making Powers) (MHA No. 5 of 2018), signed on 10 April 2018.
  10. Under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, the instrument is exempt from disallowance and therefore a Statement of Compatibility with Human Rights is not required.
  11. The instrument commences on 1 July 2019.

Overview

The Migration Regulations 1994, as amended by the Migration (LIN 19/184: Arrangements for Work and Holiday Visa Applications) Instrument 2019, address specific procedural and eligibility requirements for the Work and Holiday (Temporary) (Class US) visa applications. This instrument, enacted under the Migration Act 1958, was introduced to streamline and clarify the application process for eligible applicants from certain countries, as well as to update the list of countries whose citizens can apply for this visa. The policy objective of these changes is to facilitate smoother processing of visa applications while ensuring that the integrity of the visa program is maintained. The instrument specifies the approved application form, the acceptable countries of passport issuance, the places and methods of application, and the exemption from government support evidence for certain applicants. Additionally, it establishes educational qualifications and age limits for applicants. These amendments are designed to respond to the evolving needs of the temporary work and holiday visa program, reflecting both administrative efficiency and broader international relations objectives.

Scope and Application

The Migration (LIN 19/184: Arrangements for Work and Holiday Visa Applications) Instrument 2019, which operates under the Migration Regulations 1994, delineates specific requirements for applying for a Work and Holiday (Temporary) (Class US) visa, commonly known as the Work and Holiday visa. This instrument applies to individuals who are citizens of Indonesia, Singapore, Thailand, Turkey, Vietnam, Ecuador, and Greece and who wish to lodge new applications for a Work and Holiday visa on or after 1 July 2019. It outlines the approved form for making a valid application, specifies the countries whose passports are acceptable for the application, and details the locations and methods through which applications must be submitted. Additionally, the instrument modifies the educational qualifications and age limits required for applicants of a Subclass 462 visa. Notably, it exempts applicants from Austria, Portugal, and Spain from providing evidence of government support for their visa application. This instrument supersedes the previous instrument, LIN 18/174, and is exempt from disallowance under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, hence a Statement of Compatibility with Human Rights is not required.

Key Provisions

The instrument LIN 19/184, made under the Migration Regulations 1994, outlines specific requirements for applicants seeking a Work and Holiday visa. According to subregulation 2.07(5) and various paragraphs within Schedule 1 and Schedule 2 of the Regulations, the instrument specifies the approved form for a valid application (subitem 1224(1)), the eligible countries whose passports are acceptable (paragraph 1224A(3)(a)), the required place and manner of application (paragraph 1224A(3)(aa)), and the classes of persons exempt from providing government support evidence (subparagraph 1224A(3)(b)(iii)). Furthermore, the instrument details the minimum educational qualifications (subclass 462) and the maximum age for applicants (paragraphs 462.212(b) and 462.221(c)). These changes, which took effect on 1 July 2019, introduce online application requirements for Indonesian, Singaporean, Thai, Turkish, and Vietnamese applicants, while allowing Ecuadorian and Greek passport holders to apply. Additionally, the instrument exempts Austrian, Portuguese, and Spanish applicants from providing evidence of government support. In terms of obligations, the instrument imposes specific requirements on applicants for a Work and Holiday visa. For instance, applicants from Indonesia, Singapore, Thailand, Turkey, and Vietnam must submit their applications online, unless authorised by a Department officer to do otherwise. The instrument also specifies that passports must be issued by the approved countries, which now include Ecuador and Greece. Additionally, it mandates that applicants must adhere to the specified educational qualifications and age limits set out in subclass 462. For applicants from Austria, Portugal, and Spain, the instrument exempts them from providing evidence of government support. These obligations are designed to streamline the application process and ensure compliance with the new visa requirements. The instrument also outlines potential consequences for non-compliance. While the specific penalties are not detailed within the instrument itself, breaches of the Migration Regulations 1994 can generally lead to civil or criminal penalties. Under the Migration Act 1958, individuals who provide false or misleading information in their visa application may face penalties such as fines or imprisonment. The severity of the penalty can depend on the nature and extent of the breach. Moreover, failure to comply with the specified application requirements can result in the application being deemed invalid, thereby preventing the applicant from obtaining the visa. In summary, the instrument LIN 19/184 sets forth detailed requirements and obligations for applicants seeking a Work and Holiday visa, including specific application procedures, educational qualifications, and age limits. It also introduces new eligible countries and exempts certain applicants from providing government support. Non-compliance with these provisions can result in civil or criminal penalties, reinforcing the importance of adhering to the stipulated guidelines.

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