Overview

The Migration Regulations 1994 Arrangements for Business Skills Visa Applications 2016/106 (Instrument IMMI 16/106) was enacted to update the approved forms and procedures for making valid applications for specific business skills visas under the Migration Regulations 1994. This legislative instrument was created under the authority of subregulation 2.07(5) of the Regulations, and it operates to revoke a previous instrument, IMMI 16/077, in line with the provisions of the Acts Interpretation Act 1901. The objective of the Instrument is to streamline the application process for various business skills visas, ensuring that applicants can effectively and efficiently lodge their applications using the correct forms and procedures. The Instrument was developed following consultations with various government departments and industry stakeholders to ensure its practicality and effectiveness. It exempts from disallowance under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015 and thus does not require a Statement of Compatibility with Human Rights.

Scope and Application

The Migration Regulations 1994 Arrangements for Business Skills Visa Applications 2016/106, or IMMI 16/106, applies to individuals or entities making applications for specific business skills visas in Australia, 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. The instrument specifies the approved forms for these applications and the appropriate addresses for lodgment, ensuring that applicants adhere to the correct procedures and requirements set out by the Department of Home Affairs. It revokes a previous instrument, IMMI 16/077, to update the application process, particularly for the Business Skills (Residence) (Class DF) and Business Skills (Provisional) (Class EB) visas. The instrument operates under the authority of the Migration Regulations 1994 and is designed to facilitate the application process for eligible individuals seeking to migrate to Australia under these specific business skills visa categories.

Key Provisions

The key operative sections of the Migration Regulations 1994 (the Regulations) as amended by the Instrument IMMI 16/106 pertain to the specified forms and procedures for making valid applications for various business skills and talent visas. Specifically, sections 1104AA, 1104BA, 1104B, 1112, 1113, 1202A, and 1202B of Schedule 1 to the Regulations are updated to detail the approved forms and the procedures for submitting applications for 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. Additionally, the Instrument revokes the previous Instrument IMMI 16/077 (F2016L01419) and sets out the addresses where applications should be lodged and the manner in which these applications must be submitted. The Instrument imposes specific obligations on applicants seeking these visas, including the requirement to use the approved forms as specified in the updated sections of the Regulations. Applicants must ensure that their applications are submitted to the correct addresses and that they adhere to the procedural guidelines outlined in the Regulations. Failure to comply with these requirements could result in the application being deemed invalid, potentially leading to delays or refusal of the visa. In terms of consequences for non-compliance, the Regulations do not explicitly state specific offences or penalties within the text of the Explanatory Statement. However, under the general provisions of the Migration Act 1958, any failure to comply with the Regulations could result in civil or criminal penalties, including fines and imprisonment, depending on the severity of the breach. The exact penalties would be determined based on the specific circumstances and the provisions of the Migration Act. The Instrument itself is exempt from disallowance under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, which means it does not require a Statement of Compatibility with Human Rights.