EXPLANATORY STATEMENT
Migration Regulations 1994
ARRANGEMENTS FOR SKILLED AND TEMORARY GRADUATE VISA APPLICATIONS 2015
(Items 1136, 1137, 1138, 1228, 1229 and 1230)
- This Instrument is made under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations), for items 1136, 1137, 1138, 1228, 1229 and 1230 of Schedule 1 to the Regulations.
- This Instrument revokes Instrument number IMMI 14/071 (F2014L01031), signed on 18 July 2014, specifying post office box and courier addresses for paragraphs 1228(3)(a) and 1229(3)(c) of Schedule 1 to the Regulations and Instrument number IMMI 13/014 (F2013L00533), signed 19 March 2013, specifying forms for the Temporary Graduate (Subclass 485) visa for the purposes of subitem 1229(1) of Schedule 1 to the Regulations.
- 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 to 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 Skilled (Residence) (Class VB) Subclass 887 (Skilled – Regional), Skilled – Independent (Permanent) (Class SI) Subclass 189 (Skilled – Independent), Skilled – Nominated (Permanent)(Class SN) Subclass 190 (Skilled – Nominated), Skilled (Provisional) (Class VF) Subclass 476 (Skilled – Recognised Graduate), Skilled (Provisional) (Class VC) Subclass 485 (Temporary Graduate), and Skilled – Regional Sponsored (Provisional)(Class SP) Subclass 489 (Skilled – Regional (Provisional) 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.
- Under section 44 of the Legislative Instruments Act 2003 the Instrument is exempt from disallowance and therefore a Statement of Compatibility with Human Rights is not required.
- Consultation is unnecessary as, under section 18(1) of the Legislative Instruments Act 2003, the Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.
- The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Reference 17108).
- The Instrument, IMMI 15/035, commences on 18 April 2015.
Overview
The Arrangements for Skilled and Temporary Graduate Visa Applications 2015 Instrument is made under the Migration Regulations 1994, which are administered by the Parliament of Australia. This legislative instrument addresses the need for a streamlined process for making applications for various skilled and temporary graduate visas, ensuring that applicants have clear guidelines on the forms, lodgement methods, and addresses for submitting their applications. The Instrument revokes previous instruments and specifies new details for the application process, including approved form numbers and addresses for lodgment. Its objective is to provide clarity and efficiency in the visa application process, facilitating the correct and timely submission of applications by prospective migrants.
Scope and Application
The Instrument, identified as F2015L00556, pertains to the Migration Regulations 1994 and is specifically crafted to address the procedural aspects of skilled and temporary graduate visa applications under items 1136, 1137, 1138, 1228, 1229, and 1230 of Schedule 1 to the Regulations. This legislative instrument applies to individuals and entities seeking to apply for various skilled and temporary graduate visas, including Skilled (Residence) (Class VB) Subclass 887, Skilled – Independent (Permanent) (Class SI) Subclass 189, Skilled – Nominated (Permanent) (Class SN) Subclass 190, Skilled (Provisional) (Class VF) Subclass 476, Skilled (Provisional) (Class VC) Subclass 485, and Skilled – Regional Sponsored (Provisional) (Class SP) Subclass 489. It outlines the approved forms that must be used for making valid applications, specifies the addresses to which applications should be lodged, and details the manner in which these applications should be submitted. The instrument is made under subregulation 2.07(5) of the Migration Regulations 1994 and revokes previous instruments that specified certain forms and addresses for these visa applications. This legislative instrument operates nationally under the Commonwealth jurisdiction and is exempt from disallowance, as it is of a minor or machinery nature and does not substantially alter existing arrangements.
Key Provisions
The primary focus of the instrument (F2015L00556) is to set the approved forms, lodgement procedures, and addresses for various skilled and temporary graduate visa applications under the Migration Regulations 1994. This legislative instrument specifically applies to the Skilled (Residence) visa (subclass 887), Skilled – Independent visa (subclass 189), Skilled – Nominated visa (subclass 190), Skilled – Recognised Graduate visa (subclass 476), Temporary Graduate visa (subclass 485), and Skilled – Regional Sponsored visa (subclass 489). These are outlined in items 1136, 1137, 1138, 1228, 1229, and 1230 of Schedule 1 to the Regulations. The instrument revokes previous instruments (IMMI 14/071 and IMMI 13/014) that specified certain addresses and forms for these visas, ensuring that applicants use the most current and correct documentation and submission methods.
This instrument imposes specific obligations on applicants for the aforementioned visas. Firstly, it mandates the use of the specified approved forms for each visa category, ensuring that all necessary information is provided in a standardised format. Secondly, it details the addresses to which applications must be sent, whether through postal mail or courier services, depending on the type of visa. This ensures that applications are processed efficiently and correctly by the relevant authorities. Furthermore, it specifies the manner in which applications must be made, including any required supporting documents or evidence, to facilitate a smooth and timely application process.
Failure to comply with the requirements set out in this instrument can lead to several consequences. For instance, using unapproved forms or submitting applications to incorrect addresses may result in delays, rejections, or additional administrative burdens on the applicant. In some cases, repeated non-compliance might lead to more severe penalties, such as visa cancellations or bans on future applications. While the specific penalties for breaches are not detailed in the instrument itself, they would typically be governed by the broader provisions of the Migration Act 1958 and the Migration Regulations 1994, which can include fines, imprisonment, or both, depending on the severity and nature of the breach.