Overview

The Migration (LIN 20/051: Arrangements for certain Business Skills visas) Instrument 2020, enacted under subregulation 2.07(5) of the Migration Regulations 1994, was introduced to address the need for a more streamlined application process for specific business skills and talent visas. This instrument, made by the relevant authority within the Department of Home Affairs, repeals the previous Migration (LIN 19/189: Arrangements for certain Business Skills Visas) Instrument 2019 and introduces additional application forms and methods for visa applicants. The policy objective is to enhance the application process by providing more options for visa applicants, particularly those applying for Distinguished Talent visas, thereby increasing convenience and accessibility. This change does not require a Regulatory Impact Statement and was implemented to ensure the continued efficiency and adaptability of the visa application process within the legislative framework.

Scope and Application

The instrument, LIN 20/051, made under subregulation 2.07(5) of the Migration Regulations 1994, pertains to the approved form, place, and manner for making a valid application for several Business Skills and Distinguished Talent visas, including the Business Skills (Permanent) (Class EC) visa, the Business Skills (Provisional) (Class EB) visa, the Distinguished Talent (Migrant) (Class AL) visa, and others. It applies to individuals seeking to apply for these specific visa classes and serves to update and expand the options available for Distinguished Talent visa applicants. The instrument specifies that such applicants can now submit their application using Form 47DT (Internet) as an internet application, in addition to the existing options of Form 47SV by post, courier, or using the Global Talent contact form. This instrument effectively repeals the previous Migration (LIN 19/189: Arrangements for certain Business Skills Visas) Instrument 2019, updating the application process to include more flexible and accessible options for visa applicants. It is governed under the Commonwealth of Australia and is effective from 29 February 2020.

Key Provisions

The instrument (LIN 20/051) specifies the approved forms, places, and manners in which applications can be made for certain Business Skills visas, including the Business Talent (Permanent) (Class EA) visa, Business Skills (Permanent) (Class EC) visa, Business Skills (Provisional) (Class EB) visa, Business Skills (Residence) (Class DF) visa, Distinguished Talent (Migrant) (Class AL) visa, Distinguished Talent (Residence) (Class BX) visa, and Business Skills (Provisional) (Class UR) visa. It is important to note that this instrument repeals the previous instrument (LIN 19/189) made under the same subregulation 2.07(5) of the Migration Regulations 1994. One of the key changes introduced by LIN 20/051 is the addition of Form 47DT (Internet) as an internet application option for Distinguished Talent visa applicants. This is in addition to the existing options of using Form 47SV by post, courier, or the Global Talent contact form. This change provides these applicants with more flexibility in how they lodge their visa applications. Under this instrument, applicants must adhere to the specified approved forms, places, and manners of application to ensure their application is valid. For instance, a Distinguished Talent visa applicant must choose between using Form 47DT (Internet) or Form 47SV (post, courier, or Global Talent contact form). Failure to follow the approved methods may result in an invalid application, which can lead to delays or outright rejection of the visa application. Additionally, applicants must ensure they submit the correct application fee, if applicable, along with any required documentation to support their application. The instrument does not outline specific offences or penalties for breaches, as it is primarily focused on procedural requirements for making valid visa applications. However, any non-compliance with the approved application methods or failure to provide necessary documentation could lead to visa application processing issues, such as delays or rejections. It is essential for applicants to carefully follow the guidelines provided in the instrument to avoid such complications. This instrument was made under the authority of the Migration Regulations 1994 and is subject to the Acts Interpretation Act 1901. The Senior Executive Service, Band One, Skilled and Family Visa Program Branch, Immigration Programs Division officer who made the instrument was delegated the necessary powers. The instrument is exempt from disallowance, and no Statement of Compatibility with Human Rights is required, as advised by the Office of Best Practice Regulation. The instrument commenced on 29 February 2020.