Migration (LIN 19/211: Arrangements for Skilled Employer Sponsored Regional (Provisional) Visa Applications) Instrument 2019

Migration (LIN 19/211: Arrangements for Skilled Employer Sponsored Regional (Provisional) Visa Applications) Instrument 2019

made under subregulation 2.07(5) of the

Migration Regulations 1994

Compilation No. 1

Compilation date:   14 March 2020

Includes amendments up to: F2020L00245

About this compilation

This compilation

This is a compilation of the Migration (LIN 19/211: Arrangements for Skilled Employer Sponsored Regional (Provisional) Visa Applications) Instrument 2019 that shows the text of the law as amended and in force on 14 March 2020 (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.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

1  Name

3  Authority

4  Definitions

5  Form and manner of making visa applications

6  Circumstances in which skills declaration is not required

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

1  Name

 (1) This instrument is the Migration (LIN 19/211: Arrangements for Skilled Employer Sponsored Regional (Provisional) Visa Applications) Instrument 2019.

 (2) This instrument may be cited as LIN 19/211.

3  Authority

  This instrument is made under subregulation 2.07(5) of the Migration Regulations 1994.

4  Definitions

Note 1: A number of expressions used in this instrument are defined in the Act, including unlawful non‑citizen.

Note 2: A number of expressions used in this instrument are defined in the Regulations, including the following:

(a) ANZSCO;

(b) approved form;

(c) Internet application;

(d) the Act.

  In this instrument:

academic applicant, in relation to an application for a Skilled Employer Sponsored Regional (Provisional) (Class PE) visa, means a person in relation to whom all of the following paragraphs apply:

 (a) the nomination to which the visa application relates was made by an Australian university;

 (b) the nominated position to which the visa application relates is for an academic classified as Level A, B, C, D or E;

 (c) the nominated occupation to which the visa application relates, and its corresponding 6‑digit code, correspond to an occupation and its corresponding 6‑digit ANZSCO code specified in an item of the following table.

departmental email means an email sent from e494.manual.lodgement@homeaffairs.gov.au

nominated occupation, in relation to an application for a Skilled Employer Sponsored Regional (Provisional) (Class PE) visa, means the occupation nominated by the nomination to which the visa application relates.

nominated position, in relation to an application for a Skilled Employer Sponsored Regional (Provisional) (Class PE) visa, means the position that relates to the nominated occupation that relates to the visa application.

nomination, in relation to an application for a Skilled Employer Sponsored Regional (Provisional) (Class PE) visa, means the nomination under paragraph 140GB(1)(b) of the Act identified in the visa application.

Regulations means the Migration Regulations 1994.

Subclass 444/461 worker, in relation to an application for a Skilled Employer Sponsored Regional (Provisional) (Class PE) visa, means a person in relation to whom both of the following paragraphs apply:

 (a) during the 3 years ending immediately before the day the visa application was made, the person spent at least 2 years (whether made up of a continuous period or 2 or more non‑consecutive periods) working:

 (i) for the employer who made the nomination to which the visa application relates; and

 (ii) in the nominated occupation to which the visa application relates;

 (b) at almost all times during those 3 years, the person held:

 (i) a Subclass 444 (Special Category) visa; or

 (ii) a Subclass 461 (New Zealand Citizen Family Relationship (Temporary)) visa.

working: a person is not working for an employer at a time if the person is on unpaid leave at that time.

5  Form and manner of making visa applications

 (1) This section:

 (a) is made for the purposes of item 1242 of Schedule 1 to the Regulations; and

 (b) applies to an application for a Skilled Employer Sponsored Regional (Provisional) (Class PE) visa.

 (2) Subject to subsection (6):

 (a) the approved form for making the visa application is approved form 494V (Internet); and

 (b) the visa application must be made as an Internet application.

Different way of making visa applications

 (3) The visa application may be made other than as an Internet application if:

 (a) a departmental email, sent in the circumstances mentioned in subsection (4), authorises the applicant to make the visa application other than as an Internet application; and

 (b) electronic lodgement of the visa application is not prevented by the Act or the Regulations.

 (4) For the purposes of paragraph (3)(a), the circumstances are the following:

 (a) a person in the Department has identified a problem with the Department’s Internet application systems;

 (b) because of that problem, the applicant is unable to make an Internet application;

 (c) either the problem cannot be rectified, or both of the following subparagraphs apply:

 (i) it is more likely than not that the problem will not be rectified by the end of the day on which the departmental email is sent;

 (ii) the applicant will become an unlawful non‑citizen on, or before, the next business day after the departmental email is sent;

 (d) the departmental email includes:

 (i) approved form 494V; and

 (ii) the name and position number of the person who sent the departmental email.

 (6) If the visa application is made other than as an Internet application:

 (a) the approved form for making the application is approved form 494V; and

 (b) the visa application, in the form mentioned in paragraph (a), must be emailed:

 (i) to the address from which the departmental email was sent; and

 (ii) by the end of the day (by legal time in the Australian Capital Territory) on which the departmental email is sent; and

 (c) that email must also include:

 (i) a copy of the departmental email; and

 (ii) the name and position number of the person who sent the departmental email.

Note: For approved forms, see regulation 1.03 of the Regulations. The visa application must be made in approved form 494V as approved when the visa application is made. The visa application must not be made in a previous version of approved form 494V. The current approved form 494V must have been included in the departmental email.

6  Circumstances in which skills declaration is not required

  For the purposes of subitem 1242(6) of Schedule 1 to the Regulations, subitem 1242(5) does not apply in relation to an application for a Skilled Employer Sponsored Regional (Provisional) (Class PE) visa in either of the following circumstances:

 (a) the applicant is an academic applicant;

 (b) the applicant is a Subclass 444/461 worker.

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.

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