Migration (LIN 19/186: Arrangements for Applications for Bridging Visas) Instrument 2019

Migration (LIN 19/186: Arrangements for Applications for Bridging Visas) Instrument 2019

made under subregulation 2.07(5) of the

Migration Regulations 1994

Compilation No. 1

Compilation date:    16 November 2019

Includes amendments up to: F2019L01459

Registered:    22 November 2019

About this compilation

This compilation

This is a compilation of the Migration (LIN 19/186: Arrangements for Applications for Bridging Visas) Instrument 2019 that shows the text of the law as amended and in force on 16 November 2019 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1 – Preliminary

Part 2 – Arrangements for Applications for Bridging Visas

Schedule 1 – Forms for Bridging Visa Applications

Schedule 2 – Repeals

Migration (IMMI 18/100: Arrangements for Applications for Bridging Visas) Instrument 2018 (F2018L00904)

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Part 1 – Preliminary

1  Name

(1) This instrument is the Migration (LIN 19/186: Arrangements for Applications for Bridging Visas) Instrument 2019.

(2) This instrument may be cited as LIN 19/186.

3  Authority

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

4  Schedules

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.

5  Definitions

Note 1: A number of expressions used in this instrument are defined in:

(a) regulation 1.03 of the Regulations;

(b) subsection 5(1) of the Act including:

(i) approved form;

(ii) substantive visa;

(iii) visa.

Note 2: Subsection 172(2) of the Act provides for when a person is in immigration clearance.

(1) In this instrument:

Act means the Migration Act 1958.

bridging visa means each of the following:

(a) Bridging A (Class WA);

(b) Bridging B (Class WB);

(c) Bridging C (Class WC);

(d) Bridging D (Class WD);

(e) Bridging E (Class WE);  

(f) Bridging F (Class WF).

internet form means a form mentioned in paragraph 1.18(2)(b) of the Regulations.

permitted email address means each of the following:

(a) BVEapplication.WA@homeaffairs.gov.au;

(b) BVEapplication.QLD@homeaffairs.gov.au;

(c) BVEapplication.NSW@homeaffairs.gov.au;

(d) BVEapplication.VIC@homeaffairs.gov.au;

(e) BVEapplication.SA@homeaffairs.gov.au;

(f) BVEapplication.NT@homeaffairs.gov.au; or

(g) BVEapplication.TAS@homeaffairs.gov.au.

Regulations means the Migration Regulations 1994.

(2) For the purposes of sections 6 and 7, a person has a pending BVE application if the person has made an application for a Bridging E (Class WE) visa and:  

(a) the application has not been determined to be invalid; and

(b) the application has not been withdrawn by the applicant; and

(c) the Minister has not granted the Bridging E (Class WE) visa; and

(d) the Minister has not refused to grant the Bridging E (Class WE) visa.

Part 2 – Arrangements for Applications for Bridging Visas

6  Approved Forms

(1) For subitems 1301(1), 1302(1), 1303(1), 1304(1), 1305(1), and 1306(1) of Schedule 1 to the Regulations, the approved forms for the relevant bridging visas are specified in Schedule 1:

(a) in Column 1 – the relevant bridging visa for which a person is seeking to apply;

(b) in Column 2 – the corresponding approved paper form for that class;

(c) in Column 3 – the corresponding approved internet form for that class.

(2) In addition, for a Bridging A (Class WA) visa:

(a) form 482D, 482V or 494V is the approved form if:

(i) an applicant has been authorised by the Department to apply for a substantive visa; and

(ii) the application for that substantive visa is made using approved form 482D, 482V or 494V; or

(b) form 1008 (Internet) is the approved form if the applicant does not have a pending BVE application.

(3) In addition, for a Bridging C (Class WC) visa, form 482D, 482V or 494V is the approved form if:

(a) an applicant has been authorised by the Department to apply for a substantive visa; and

(b) the application for that substantive visa is made using approved form 482D, 482V or 494V.

7  Place and manner for making an application

For paragraphs 1301(3)(a), 1302(3)(a), 1303(3)(a), 1304(3)(a), 1305(3)(a) and 1306(3)(a) of Schedule 1 to the Regulations, an application for a bridging visa must be made:

(a) if the same form is used as for a substantive visa application – at the same place, and in the same manner, as specified in an instrument under subregulation 2.07(5) of the Regulations for the substantive visa application; or

(b) for a Bridging E (Class WE) visa application if the applicant has a pending Bridging E (Class WE) visa application – at an office of immigration in Australia, but not in immigration clearance;

(c) in any other case:

(i) if the application form used is an internet form – as an internet application; or

(ii) if the application form is not an internet form - at an office of immigration in Australia, but not in immigration clearance.

Note:  Regulation 2.10C of the Regulations provides for the time of making an internet application.

8  Additional place and manner for making a Bridging Visa E (Class WE) application on paper forms 1005 and 1008

(1) For paragraph 1305(3)(a) of Schedule 1 to the Regulations, an additional specified place and manner is as follows:

(a) a person may make an electronic application for a Bridging E (Class WE) visa, if:

(i) the approved paper form is 1005 or 1008; and

(ii) the application is sent by email to a permitted email address.

(2) For paragraph 1305(3)(a) of Schedule 1 to the Regulations, applications for a Bridging E (Class WE) visa using paper form 1005 or 1008 must not be made by any electronic means, including by fax, other than as specified in subparagraph (1)(a)(ii).

Schedule 1 – Forms for Bridging Visa Applications

Schedule 2 – Repeals

Migration (IMMI 18/100: Arrangements for Applications for Bridging Visas) Instrument 2018 (F2018L00904)

The whole of the instrument

Repeal the instrument.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history