EXPLANATORY STATEMENT
Migration Regulations 1994
ARRANGEMENTS FOR BUSINESS SKILLS VISAS APPLICATIONS 2015
(Items 1104AA, 1104BA, 1104B, 1112, 1113, 1202A, 1202B)
- This Instrument is made under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations), for items 1104AA, 1104BA, 1104B, 1112 and 1113 of Schedule 1 to the Migration Regulations 1994 (the Regulations). The Instrument revokes IMMI 14/066 Specification of Addresses [F2014L01030] and IMMI 14/065 [F2014L01029] Specification of Addresses.
- Under subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), 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.
- The purpose of the Instrument is specify the form numbers of the approved form or forms, the manner of lodgement and the addresses to which an application must be made for applications for Business Skills – Business Talent (Permanent) (Class EA), Business Skills – (Permanent) (Class EC), Business Skills – (Provisional) (Class EB), Business Skills – (Residence) (Class DF), Distinguished Talent (Migrant) (Class AL), Distinguished Talent (Residence) (Class BX) and Business Skills – (Provisional) (Class UR) visas.
- The Instrument operates to specify approved forms for making valid applications and addresses for lodgement and the manner in which applications must be made for making valid applications for the relevant visa classes.
- Pursuant to subsection 18(1) of the Legislative Instruments Act 2003 consultation was not necessary. The Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.
- Under section 44 of the Legislative Instruments Act 2003 the Instrument is exempt from disallowance and therefore a Human Rights Statement of Compatibility is not required.
- The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Reference 17108).
- This Instrument number, IMMI 15/029, commences on 18 April 2015.
Overview
The Migration Regulations 1994 Arrangements for Business Skills Visas Applications 2015 (F2015L00546) was introduced to address the need for clear and specific guidelines regarding the forms, lodgement methods, and addresses for various business skills visa applications. This legislative instrument was made under subregulation 2.07(5) of the Migration Regulations 1994 by the relevant legislature, ensuring that the regulations are updated to reflect current procedural requirements for different visa categories. The objective of this instrument is to specify the approved form numbers, the manner of lodgement, and the designated addresses for valid applications for several business skills visas, including the Business Talent (Permanent) (Class EA), Business Skills (Permanent) (Class EC), and others. This streamlined approach aims to facilitate the application process for prospective migrants by providing clear and precise procedural instructions.
Scope and Application
The Migration Regulations 1994 Arrangements for Business Skills Visas Applications 2015 specifies the approved forms, addresses, and manner of lodgement for applications of various business skills visas under the Migration Act 1958. This legislation applies to individuals and entities seeking to apply for the Business Talent (Permanent) (Class EA), Business Skills (Permanent) (Class EC), Business Skills (Provisional) (Class EB), Business Skills (Residence) (Class DF), Distinguished Talent (Migrant) (Class AL), Distinguished Talent (Residence) (Class BX), and Business Skills (Provisional) (Class UR) visas. The regulations provide clear guidelines for the submission of applications for these specific visa categories, ensuring that applicants comply with the formal requirements set out in the legislation. The application of this Act is limited to the Commonwealth jurisdiction and does not extend to state or territory levels. The Act does not specify exclusions, exemptions, or thresholds beyond the scope of the listed visa classes, and its application is not extended or restricted through subordinate instruments.
Key Provisions
The Migration Regulations 1994 Arrangements for Business Skills Visas Applications 2015 (F2015L00546) is a legislative instrument made under the authority of the Migration Regulations 1994. It specifies the approved forms, lodgement addresses, and methods for making applications for various business skills visas, including the Business Talent (Permanent) (Class EA), Business Skills (Permanent) (Class EC), Business Skills (Provisional) (Class EB), Business Skills (Residence) (Class DF), Distinguished Talent (Migrant) (Class AL), Distinguished Talent (Residence) (Class BX), and Business Skills (Provisional) (Class UR) visas (Items 1104AA, 1104BA, 1104B, 1112, 1113, 1202A, 1202B). This instrument revokes earlier specifications of addresses in IMMI 14/066 and IMMI 14/065, ensuring that the most current information is used for visa applications.
The Act imposes specific obligations on applicants for the aforementioned visas. Firstly, applicants must use the approved forms as specified in the instrument for their respective visa categories. These forms are essential for providing the necessary information and documentation to the Department of Home Affairs. Secondly, applicants must lodge their applications at the correct addresses as outlined in the instrument. This ensures that applications are processed efficiently and routed to the appropriate authorities. Thirdly, applicants must adhere to the prescribed methods of lodgement, which may include online submissions, mail, or in-person drop-offs, depending on the specific requirements of each visa category.
Failure to comply with the provisions of the Act may result in various consequences. Firstly, if an application is not made using the approved form, it may be deemed invalid, leading to delays or outright rejection of the application. Secondly, submitting an application to an incorrect address could result in the application being mishandled or lost, further delaying the processing of the visa. Thirdly, non-compliance with the prescribed lodgement methods could also lead to administrative issues, potentially causing significant inconvenience and additional costs for the applicant. While the instrument does not specify maximum penalties for non-compliance, such breaches could impact the processing time and outcome of the visa application.