EXPLANATORY STATEMENT
Migration Regulations 1994
ARRANGEMENTS FOR WORK AND HOLIDAY AND WORKING HOLIDAY VISA APPLICATIONS 2015
(Items 1224A and 1225 and paragraph 462.221(c))
- Instrument IMMI 15/146 is made under subregulation 2.07(5) of the
Migration Regulations 1994 (the Regulations), for Items 1224A and 1225 of Schedule 1 to the Regulations and paragraph 462.221(c) of Schedule 2 to the Regulations. - The Instrument revokes IMMI 15/116 (F2015L01437) under subsection 33(3) of the Acts Interpretation Act 1901, which states where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character, 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 include Slovak Republic and Slovenia in the list of countries that are considered to be work and holiday visa eligible countries;
- to include the educational qualifications relevant to applicants of
Slovak Republic and Slovenia; - to specify for applicants of Slovak Republic and Slovenia the address to which an application much be made for making valid applications for Work and Holidays (Temporary)(Class US) – Subclass 462 (Work and Holiday) visa.
- The Instrument operates to:
- specify the approved forms; the way in which an application can be made and the place and manner in which an application for a visa must be made for specific classes of person;
- specify the following for applicants applying for a Subclass 462 visa:
- the passport an applicant must hold to make a valid application;
- that those applying on form 1208, and who hold a specified passport must make their application at the specified address;
- educational qualifications applicable to an applicant from each country.
- that applicants holding passports issued by China or the United States of America are a class of persons who do not have to provide evidence of government support for the grant of a Work and Holiday (subclass 462) visa; and
- that an applicant holding a passport issued by the Islamic Republic of Iran may apply for a further subclass 462 visa if they are in Australia and have previously held not more than two subclass 462 visas;
c. specify the class of persons who are eligible to apply for a Working Holiday (subclass 417) visa and the conditions that they must meet to make a valid visa application. Only nationals of countries with which Australia has a reciprocal Working Holiday arrangement are eligible to apply.
5. Consultation was undertaken before the instrument was made with the Government of Slovenia, and the Government of the Slovak Republic.
6. The Senior Executive Service, Band one, Temporary Visa Programme Branch was delegated the powers contained in subitem 1224A(1), subitem 1225(1) and Paragraph 462.221(c) of Schedule 2 to the Regulations in Instrument of Delegation DEL 15/090, signed on 30 June 2015.
7. The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required (OBPR Reference 19369).
8. 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.
9. The Instrument IMMI 15/146 commences on 1 January 2016.
Overview
The Migration Regulations 1994, specifically the Arrangements for Work and Holiday and Working Holiday Visa Applications 2015 (F2015L02082), was introduced to address the need to update and expand the list of eligible countries for work and holiday visas, as well as to clarify application processes for certain nationalities. This instrument, made under the authority of subregulation 2.07(5) of the Migration Regulations 1994, revokes previous legislation to incorporate Slovakia and Slovenia into the list of eligible countries, alongside the specific requirements for their applicants. It specifies the educational qualifications relevant to applicants from these countries and the address for submitting valid applications for a Work and Holiday (Temporary)(Class US) – Subclass 462 visa. The policy objective is to streamline the visa application process for eligible countries while ensuring that applicants meet the necessary criteria.
Scope and Application
The Migration Regulations 1994 Arrangements for Work and Holiday and Working Holiday Visa Applications 2015 (F2015L02082) applies to individuals from the Slovak Republic and Slovenia seeking to obtain a Work and Holiday (subclass 462) or Working Holiday (subclass 417) visa. The regulation specifies the necessary forms, application processes, and requirements for eligible applicants, including passport specifications and educational qualifications. It also details conditions for specific classes of persons, such as those holding passports from China, the United States of America, and the Islamic Republic of Iran, regarding the provision of evidence of government support and visa re-applications. The instrument operates under the Commonwealth of Australia and is applicable nationally. It revokes a previous instrument (IMMI 15/116) and includes consultations with the Governments of Slovenia and the Slovak Republic. The Instrument is exempt from disallowance and does not require a Statement of Compatibility with Human Rights. Subordinate instruments may extend or restrict the application of this legislation, although specific examples are not provided in the text.
Key Provisions
The Migration Regulations 1994 Arrangements for Work and Holiday and Working Holiday Visa Applications 2015 (F2015L02082) outline the specific procedures and requirements for applicants seeking Work and Holiday (subclass 462) and Working Holiday (subclass 417) visas from the Slovak Republic and Slovenia. This legislative instrument, referred to as Instrument IMMI 15/146, was made under subregulation 2.07(5) of the Migration Regulations 1994. It revokes the previous instrument IMMI 15/116 and aims to update the list of eligible countries, specify the relevant educational qualifications, and detail the application processes for these nationalities.
Sections 1224A and 1225, along with paragraph 462.221(c) of the Regulations, detail the approved forms for visa applications, the requirements for making valid applications, and the conditions specific to applicants from the Slovak Republic and Slovenia. These sections specify the type of passport applicants must hold, the educational qualifications required, and the designated application addresses. For instance, applicants from China and the United States are exempt from providing evidence of government support, while those from Iran can apply for an additional subclass 462 visa if they meet certain conditions. Additionally, only nationals from countries with reciprocal Working Holiday arrangements are eligible to apply for subclass 417 visas.
The obligations imposed by this Act on the parties or entities it governs include ensuring that applicants from the specified countries adhere to the stipulated application processes and requirements. This encompasses holding the appropriate passport, fulfilling the educational qualifications, and submitting their applications at the correct address. The Act also mandates that applicants from China and the United States do not need to provide evidence of government support, while Iranian applicants must not have held more than two subclass 462 visas previously to be eligible for another. Furthermore, only eligible nationals from countries with reciprocal Working Holiday arrangements can apply for subclass 417 visas.
Breaches of the provisions set out in the Migration Regulations 1994 Arrangements for Work and Holiday and Working Holiday Visa Applications 2015 may result in various consequences. While the explanatory statement does not specify the exact offences or penalties, breaches of migration regulations typically result in civil or criminal penalties. These can include fines, imprisonment, or both, depending on the severity of the breach. The specific penalties would be in accordance with the Migration Act 1958 and other relevant legislation, which can impose significant fines and terms of imprisonment for non-compliance with visa application requirements.