Migration Regulations 1994 - Specification of Arrangements for Maritime Crew and Superyacht Visa Applications 2015 - IMMI 15/126

Overview

The Arrangements for Maritime Crew and Superyacht Visa Applications 2015 Instrument is a legislative instrument made under subregulation 2.07(5) of the Migration Regulations 1994, revoking the previous Instrument number IMMI 15/041. It was introduced to streamline the process of visa applications for Maritime Crew (Temporary) (Class ZM) Subclass 988 and Superyacht Crew (Temporary) (Class UW) Subclass 488 visas. This Instrument specifies the approved forms and the method of application, including the introduction of an internet form for Subclass 988 applications, which is available to persons who provide an email address and consent to electronic communication. This change does not alter the eligibility criteria for visa applicants, but rather modifies the application process to improve efficiency and accessibility. The Instrument was enacted by the Minister for Immigration and Border Protection and took effect on 21 November 2015.

Scope and Application

The Maritime Crew and Superyacht Visa Applications Instrument 2015 specifies the forms and procedures for applications concerning Maritime Crew (Temporary) (Class ZM) Subclass 988 and Superyacht Crew (Temporary) (Class UW) Subclass 488 visas under the Migration Regulations 1994. The instrument applies to the individuals or entities who intend to submit applications for these specific visa subclasses, particularly those who are maritime crew or superyacht crew members seeking temporary entry to Australia for employment purposes. It outlines the types of forms that can be used—both paper-based and internet-based—and the conditions under which each form can be submitted, such as the requirement for an email address and consent to electronic communication for internet-based applications for Subclass 988 visas. The Instrument does not alter the eligibility criteria for applicants but rather modifies the procedural aspects of the application process. Its scope is limited to Australia and operates under the Commonwealth jurisdiction, with no stated exclusions or exemptions beyond those outlined in the Instrument itself. The application of the Instrument may be further detailed or modified through subordinate instruments, although the primary focus remains on streamlining the application process for the specified visa subclasses.

Key Provisions

The key provisions of this instrument are set out in Schedule 1, Part 2, Items 1227 and 1227A of the Migration Regulations 1994. These provisions concern the application processes for Maritime Crew (Temporary) (Class ZM) Subclass 988 and Superyacht Crew (Temporary) (Class UW) Subclass 488 visas, including the specification of approved form numbers, the places where applications must be made, and the methods of lodgement. Specifically, Item 1227A (paragraph 2.07(5)) details the form numbers and classes of applicants who may use paper-based or internet forms for Subclass 988 applications, while Item 1227 (paragraph 2.07(5)) specifies similar details for Subclass 488 applications. The instrument also introduces a requirement for applicants of Subclass 988 to provide an email address and consent to electronic communication to use the internet form. The obligations imposed by this instrument include adherence to the specified forms and methods of application. Applicants for Subclass 988 and Subclass 488 visas must use the correct forms as designated in the instrument. For Subclass 988, applicants who provide an email address and consent to electronic communication must use the internet form; otherwise, they must use the paper form. For Subclass 488, applicants may use either the internet or paper form, as per their preference and eligibility. Additionally, all applications must be submitted to the specified locations as outlined in the instrument. There are no specific offences, penalties, or civil/criminal consequences outlined for breaches of this instrument. However, non-compliance with the specified application processes may result in the rejection of the application, delays in processing, or other administrative consequences as determined by the Department of Home Affairs. The instrument itself is of a minor or machinery nature, as it does not substantially alter existing arrangements but rather specifies the procedural details for visa applications.