Migration Amendment Regulations 2008 (No. 2)1
Select Legislative Instrument 2008 No. 56
I, PHILIP MICHAEL JEFFERY, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Migration Act 1958.
Dated 10 April 2008
P. M. JEFFERY
Governor‑General
By His Excellency’s Command
CHRIS EVANS
Minister for Immigration and Citizenship
Contents
1 Name of Regulations 2
2 Commencement 2
3 Amendment of Migration Regulations 1994 — Schedule 1 3
4 Amendment of Migration Regulations 1994 — Schedule 2 3
5 Amendment of Migration Regulations 1994 — Schedule 3 3
Schedule 1 Amendments relating to general skilled migration visa classes and subclasses 4
Part 1 Amendments of Part 1 of the Migration Regulations 1994 4
Part 2 Amendments of Schedule 1 to the Migration Regulations 1994 6
Part 3 Amendments of Schedule 2 to the Migration Regulations 1994 8
Part 4 Amendments of Schedule 6B to the Migration Regulations 1994 20
Schedule 2 Amendments relating to children 23
Schedule 3 Amendments relating to permission to work 34
Part 1 Amendments of Schedule 1 34
Part 2 Amendments of Schedule 2 34
Part 3 Amendments of Schedule 8 38
1 Name of Regulations
These Regulations are the Migration Amendment Regulations 2008 (No. 2).
2 Commencement
These Regulations commence on 26 April 2008.
3 Amendment of Migration Regulations 1994 — Schedule 1
(1) Schedule 1 amends the Migration Regulations 1994.
(2) The amendments made by Schedule 1 apply in relation to an application for a visa made on or after 26 April 2008.
4 Amendment of Migration Regulations 1994 — Schedule 2
(1) Schedule 2 amends the Migration Regulations 1994.
(2) The amendments made by Schedule 2 apply in relation to an application for a visa made on or after 26 April 2008.
5 Amendment of Migration Regulations 1994 — Schedule 3
(1) Schedule 3 amends the Migration Regulations 1994.
(2) The amendments made by Schedule 3 apply in relation to an application for a visa:
(a) made, but not finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958), before 26 April 2008; or
(b) made on or after 26 April 2008.
Schedule 1 Amendments relating to general skilled migration visa classes and subclasses
(regulation 3)
Part 1 Amendments of Part 1 of the Migration Regulations 1994
[1] Regulation 1.03, definition of Australian permanent resident, after the note
insert
Australian Standard Classification of Occupations means the standard published by the Australian Bureau of Statistics on 31 July 1997.
Note At the time that this regulation commenced, the standard could be found at the website address: http://www.abs.gov.au.
[2] Regulation 1.03, definition of eligible student visa, subparagraph (b) (i)
substitute
(i) the applicant as a person who satisfied the primary criteria for the visa in relation to undertaking a course mentioned in sub‑subparagraph (a) (i) (B) or (C) (the primary person); or
[3] Subregulation 1.15F (2)
substitute
(2) In this regulation:
completed, in relation to a degree, diploma or trade qualification, means having met the academic requirements for its award.
Note The academic requirements for the award of a degree, diploma or trade qualification do not include the formal conferral of the degree, diploma or trade qualification. Therefore, a person can complete a degree, diploma or trade qualification, for subregulation (2), before the award is formally conferred.
degree has the meaning given in subregulation 2.26A (6).
diploma has the meaning given in subregulation 2.26A (6).
trade qualification has the meaning given in subregulation 2.26A (6).
[4] Subregulation 2.26AA (2)
omit
For
insert
Subject to subregulations (2A) and (2B), for
[5] After subregulation 2.26AA (2)
insert
(2A) For subregulation (2), if, apart from this subregulation, 1 or more qualifications in:
(a) column 2 of Part 6B.11 of Schedule 6B; and
(b) column 2 of Part 6B.12 of Schedule 6B;
would apply in determining an applicant’s points score, then only 1 of those items may apply in determining the points score in relation to any application for a visa.
(2B) In applying an item under subregulation (2A), the item that provides the greater or greatest points score is to be used.
[6] Subregulation 2.26AA (6), definitions of diploma and trade qualification
omit
Part 2 Amendments of Schedule 1 to the Migration Regulations 1994
[7] Subparagraph 1121A (2) (b) (i)
omit
, (iv) and (v),
insert
and (iv),
[8] Subparagraph 1121A (2) (b) (ii)
omit
, (iv) and (v),
insert
and (iv),
[9] Subparagraphs 1121A (2) (b) (v) and (vi)
substitute
(v) In any other case: Nil.
[10] Subparagraph 1229 (4) (a) (ii)
omit
during the period of 6 months
insert
at any time during the period of 6 months
[11] Sub‑subparagraph 1229 (4) (a) (iii) (B)
omit
during the period of 6 months
insert
at any time during the period of 6 months
[12] Subparagraph 1229 (7) (a) (ii)
substitute
(ii) the holder of a Subclass 442 (Occupational Trainee) visa that was granted on the basis of satisfying the primary criteria for that visa;
[13] Sub‑subparagraph 1136 (2) (a) (i) (E)
substitute
(E) a Bridging A (Class WA) or Bridging B (Class WB) visa granted on the basis of a valid application for:
(I) a Skilled – Independent Regional (Provisional) (Class UX) visa; or
(II) a Skilled (Provisional) (Class VC) visa (other than a Subclass 485 visa): $190
[14] Subparagraph 1136 (4) (a) (ii)
omit
during the period of 6 months
insert
at any time during the period of 6 months
[15] Sub‑subparagraph 1136 (4) (a) (iii) (B)
omit
during the period of 6 months
insert
at any time during the period of 6 months
Part 3 Amendments of Schedule 2 to the Migration Regulations 1994
[16] Paragraph 010.611 (3B) (c)
substitute
(c) a Skilled (Residence) (Class VB) visa in relation to which the applicant met the requirements for subitem 1136 (4), (5) or (6) of Schedule 1;
[17] Subclause 010.611 (4)
omit
and 8547
insert
, 8539, 8547 and 8549
[18] Paragraph 020.611 (4) (c)
substitute
(c) a Skilled (Residence) (Class VB) visa in relation to which the applicant met the requirements for subitem 1136 (4), (5) or (6) of Schedule 1;
[19] Subclause 020.611 (5)
omit
and 8547
insert
, 8539, 8547 and 8549
[20] Clause 175.111, notes 1 and 2
substitute
Note 1 Regulation 1.03 provides that 2 year study requirement has the meaning set out in regulation 1.15F.
Note 2 Regulation 1.03 provides that competent English has the meaning set out in regulation 1.15C.
[21] Clause 175.111, note 6
substitute
Note 6 Regulation 1.03 provides that vocational English has the meaning set out in regulation 1.15B.
[22] Clause 176.111, notes 1 and 2
substitute
Note 1 Regulation 1.03 provides that 2 year study requirement has the meaning set out in regulation 1.15F.
Note 2 Regulation 1.03 provides that competent English has the meaning set out in regulation 1.15C.
[23] Clause 176.111, note 6
substitute
Note 6 Regulation 1.03 provides that vocational English has the meaning set out in regulation 1.15B.
[24] Clause 475.111, notes 1 to 6
substitute
Note 1 Regulation 1.03 provides that 2 year study requirement has the meaning set out in regulation 1.15F.
Note 2 Regulation 1.03 provides that competent English has the meaning set out in regulation 1.15C.
Note 3 Regulation 1.03 provides that concessional competent English has the meaning set out in regulation 1.15E.
Note 4 For registered course, see regulation 1.03.
Note 5 For relevant assessing authority, see regulation 1.03.
Note 6 For skilled occupation, see regulation 1.03.
Note 7 Regulation 1.03 provides that vocational English has the meaning set out in regulation 1.15B.
[25] Clauses 475.411 and 475.412, not including the note
substitute
475.411 (1) If the applicant who satisfied the primary criteria for the grant of the visa is also the holder of a Subclass 444 (Special Category) visa, the applicant and each applicant included in the application who made a combined application with the applicant, may be in or outside Australia when the visa is granted.
(2) If the applicant who satisfied the primary criteria for the grant of the visa is not the holder of a Subclass 444 (Special Category) visa, the applicant and each applicant included in the application who made a combined application with the applicant, must be outside Australia when the visa is granted.
475.412 In any other case, an applicant may be in or outside Australia when the visa is granted.
[26] Clause 476.111, note
substitute
Note Regulation 1.03 provides that competent English has the meaning set out in regulation 1.15C.
[27] Clauses 476.411 and 476.412, not including the note
substitute
476.411 (1) If the applicant who satisfied the primary criteria for the grant of the visa is also the holder of a Subclass 444 (Special Category) visa, the applicant and each applicant included in the application who made a combined application with the applicant, may be in or outside Australia when the visa is granted.
(2) If the applicant who satisfied the primary criteria for the grant of the visa is not the holder of a Subclass 444 (Special Category) visa, the applicant and each applicant included in the application who made a combined application with the applicant, must be outside Australia when the visa is granted.
476.412 In any other case, an applicant may be in or outside Australia when the visa is granted.
[28] Clause 485.111, notes 1 and 2
substitute
Note 1 Regulation 1.03 provides that 2 year study requirement has the meaning set out in regulation 1.15F.
Note 2 Regulation 1.03 provides that competent English has the meaning set out in regulation 1.15C.
[29] Clause 485.111, note 6
substitute
Note 6 Regulation 1.03 provides that vocational English has the meaning set out in regulation 1.15B.
[30] After clause 485.611
insert
485.612 If the applicant is outside Australia when the visa is granted:
(a) first entry must be made before a date specified by the Minister for the purpose; and
(b) condition 8515 may be imposed.
[31] Clause 487.111, notes 1 and 2
substitute
Note 1 Regulation 1.03 provides that 2 year study requirement has the meaning set out in regulation 1.15F.
Note 2 Regulation 1.03 provides that competent English has the meaning set out in regulation 1.15C.
Note 3 Regulation 1.03 provides that concessional competent English has the meaning set out in regulation 1.15E.
[32] Clause 487.111, note 6
substitute
Note 6 Regulation 1.03 provides that vocational English has the meaning set out in regulation 1.15B.
[33] Subparagraphs 487.227 (a) (i) and (ii)
substitute
(i) a Skilled — Independent Regional (Provisional) (Class UX) visa; or
(ii) a Skilled — Designated Area‑sponsored (Provisional) (Class UZ) visa; or
[34] Clause 487.228
substitute
487.228 The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004 and 4010; and
(b) if the applicant was the holder, at the time of application, of:
(i) a Skilled — Independent Regional (Provisional) (Class UX) visa; or
(ii) a Skilled — Designated Area‑sponsored (Provisional) (Class UZ) visa; or
(iii) a Subclass 475 (Skilled — Regional Sponsored) visa; or
(iv) a Subclass 487 (Skilled — Regional Sponsored) visa; and
satisfies public interest criterion 4007; and
(c) if paragraph (b) does not apply — satisfies public interest criterion 4005; and
(d) if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[35] Paragraphs 487.230 (d), (da) and (e)
substitute
(d) satisfies public interest criteria 4001, 4002, 4003, 4004 and 4010; and
(e) either:
(i) if the person was the holder, at the time of application, of:
(A) a Skilled — Independent Regional (Provisional) (Class UX) visa; or
(B) a Skilled — Designated Area‑sponsored (Provisional) (Class UZ) visa; or
(C) a Subclass 475 (Skilled — Regional Sponsored) visa; or
(D) a Subclass 487 (Skilled — Regional Sponsored) visa;
satisfies public interest criterion 4007;
(ii) in any other case — satisfies public interest criterion 4005; and
(f) if the person had turned 18 at the time of application — satisfies public interest criterion 4019; and
(g) satisfies special return criteria 5001, 5002 and 5010.
[36] Paragraph 487.231 (b)
substitute
(b) either:
(i) if the person was the holder, at the time of application, of:
(A) a Skilled — Independent Regional (Provisional) (Class UX) visa; or
(B) a Skilled — Designated Area‑sponsored (Provisional) (Class UZ) visa; or
(C) a Subclass 475 (Skilled — Regional Sponsored) visa; or
(D) a Subclass 487 (Skilled — Regional Sponsored) visa;
satisfies public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion; or
(ii) in any other case — satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.
[37] After clause 487.311
insert
487.312 For clause 487.311, in addition to any other regulation, a person is the interdependent partner of another person or is the dependent child of a person who is the interdependent partner of another person if:
(a) the other person is an applicant for a Skilled (Provisional) (Class VC) visa who seeks to satisfy the primary criteria for the grant of a Subclass 487 (Skilled — Regional Sponsored) visa or is the holder of a Skilled (Provisional) (Class VC) visa on the basis of satisfying the primary criteria for the grant of a Subclass 487 visa; and
(b) at the time of application, the interdependent partner or the dependent child of the interdependent partner is the holder of:
(i) a Skilled — Independent Regional (Provisional) (Class UX) visa; or
(ii) a Bridging A (Class WA) visa or Bridging B (Class WB) visa granted on the basis of a valid application for a Skilled — Independent Regional (Provisional) (Class UX) visa or a Skilled (Provisional) (Class VC) visa; or
(iii) a Skilled — Designated Area‑sponsored (Provisional) (Class UZ) visa; or
(iv) a Subclass 475 (Skilled — Regional Sponsored) visa; or
(v) a Subclass 487 (Skilled — Regional Sponsored) visa; and
(c) the visa mentioned in paragraph (b) was granted on the basis that the person was:
(i) the interdependent partner of the other person and the other person satisfied the primary criteria; or
(ii) the dependent child of a person who is the interdependent partner of the visa holder who satisfied the primary criteria.
[38] Clause 487.324
substitute
487.324 The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004 and 4010; and
(b) if the applicant was the holder, at the time of application, of:
(i) a Skilled — Independent Regional (Provisional) (Class UX) visa; or
(ii) a Skilled — Designated Area‑sponsored (Provisional) (Class UZ) visa; or
(iii) a Subclass 475 (Skilled — Regional Sponsored) visa; or
(iv) a Subclass 487 (Skilled — Regional Sponsored) visa; and
satisfies public interest criterion 4007; and
(c) if paragraph (b) does not apply — satisfies public interest criterion 4005; and
(d) if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[39] Subclause 487.511 (1)
substitute
(1) If:
(a) the applicant who satisfied the primary criteria is in Australia at the time of application; and
(b) at the time of application, the applicant who satisfied the primary criteria held any of the following visas:
(i) a Skilled — Independent Regional (Provisional) (Class UX) visa; or
(ii) a Skilled — Designated Area‑sponsored (Provisional) (Class UZ) visa; or
(iii) a Subclass 475 (Skilled — Regional Sponsored) visa; or
(iv) a Subclass 487 (Skilled — Regional Sponsored) visa;
temporary visa permitting the holder to travel to, enter and remain in Australia until 48 months after the date of grant of the visa mentioned in paragraph (b).
[40] Paragraph 487.611 (b)
omit
[41] Clause 820.313
substitute
820.313 If:
(a) the applicant is the holder of:
(i) a Skilled — Independent Regional (Provisional) (Class UX) visa; or
(ii) a Subclass 475 (Skilled — Regional Sponsored) visa; or
(iii) a Subclass 487 (Skilled — Regional Sponsored) visa; or
(b) the last substantive visa held by the applicant since entering Australia was:
(i) a Skilled — Independent Regional (Provisional) (Class UX) visa; or
(ii) a Subclass 475 (Skilled — Regional Sponsored) visa; or
(iii) a Subclass 487 (Skilled — Regional Sponsored) visa;
the applicant has substantially complied with the conditions to which that visa was subject.
[42] Clause 826.213
substitute
826.213 If:
(a) the applicant is the holder of:
(i) a Skilled — Independent Regional (Provisional) (Class UX) visa; or
(ii) a Subclass 475 (Skilled — Regional Sponsored) visa; or
(iii) a Subclass 487 (Skilled — Regional Sponsored) visa; or
(b) the last substantive visa held by the applicant since entering Australia was:
(i) a Skilled — Independent Regional (Provisional) (Class UX) visa; or
(ii) a Subclass 475 (Skilled — Regional Sponsored) visa; or
(iii) a Subclass 487 (Skilled — Regional Sponsored) visa;
the applicant has substantially complied with the conditions to which that visa was subject.
[43] Clause 826.313
substitute
826.313 If:
(a) the applicant is the holder of:
(i) a Skilled — Independent Regional (Provisional) (Class UX) visa; or
(ii) a Subclass 475 (Skilled — Regional Sponsored) visa; or
(iii) a Subclass 487 (Skilled — Regional Sponsored) visa; or
(b) the last substantive visa held by the applicant since entering Australia was:
(i) a Skilled — Independent Regional (Provisional) (Class UX) visa; or
(ii) a Subclass 475 (Skilled — Regional Sponsored) visa; or
(iii) a Subclass 487 (Skilled — Regional Sponsored) visa;
the applicant has substantially complied with the conditions to which that visa was subject.
[44] Paragraphs 887.221 (1) (a) and (b)
substitute
(a) a Skilled — Independent Regional (Provisional) (Class UX) visa; or
(b) a Skilled — Designated Area‑sponsored (Provisional) (Class UZ) visa; or
[45] Paragraphs 887.221 (2) (a) and (b)
substitute
(a) a Skilled — Independent Regional (Provisional) (Class UX) visa; or
(b) a Skilled — Designated Area‑sponsored (Provisional) (Class UZ) visa; or
[46] Subparagraphs 887.222 (a) (i) and (ii)
substitute
(i) a Skilled — Independent Regional (Provisional) (Class UX) visa; or
(ii) a Skilled — Designated Area‑sponsored (Provisional) (Class UZ) visa; or
[47] After clause 887.311
insert
887.312 For clause 887.311, in addition to any other regulation, a person is the interdependent partner of another person or is the dependent child of a person who is the interdependent partner of another person if:
(a) the other person is an applicant for a Skilled (Residence) (Class VB) visa who seeks to satisfy the primary criteria for the grant of a Subclass 887 (Skilled — Regional) visa; and
(b) at the time of application, the person is the holder of:
(i) a Skilled — Independent Regional (Provisional) (Class UX) visa; or
(ii) a Bridging A (Class WA) visa or Bridging B (Class WB) visa granted on the basis of a valid application for a Skilled — Independent Regional (Provisional) (Class UX) visa or a Skilled (Provisional) (Class VC) visa; or
(iii) a Skilled — Designated Area‑sponsored (Provisional) (Class UZ) visa; or
(iv) a Subclass 475 (Skilled — Regional Sponsored) visa; or
(v) a Subclass 487 (Skilled — Regional Sponsored) visa; and
(c) the visa mentioned in paragraph (b) was granted on the basis that the person was:
(i) the interdependent partner of the other person and the other person satisfied the primary criteria; or
(ii) the dependent child of a person who is the interdependent partner of the visa holder who satisfied the primary criteria.
Part 4 Amendments of Schedule 6B to the Migration Regulations 1994
[48] Item 6B33, column 2
omit
ASCO Major Group IV
insert
Major Group IV in the Australian Standard Classification of Occupations
[49] Item 6B63, column 2
omit
(second class (division 1)
insert
(Second Class (Division 1)
[50] Item 6B101, column 2, subparagraph (f) (i)
omit
Occupation
insert
Occupations
[51] Subparagraph 6B, column 2, 101 (g) (i)
substitute
(i) met the 2 year study requirement:
(A) in the period of 6 months ending immediately before the day the application was made; and
(B) each degree, diploma or trade qualification used to satisfy the requirement is closely related to the applicant’s nominated skilled occupation; or
[52] Further amendments — Australian Standard Classification of Occupations
The following provisions are amended by omitting ‘Occupation’ and inserting ‘Occupations’:
· paragraph 175.213 (a)
· paragraph 176.213 (a)
· paragraph 475.214 (a)
· paragraph 485.215 (a)
· paragraph 485.222 (a)
· paragraph 487.215 (a)
· paragraph 487.224 (a)
· paragraph 885.213 (a)
· paragraph 886.213 (a)
[53] Further amendments — certain references to Subclass 485 (Skilled — Graduate) visas
The following provisions are amended by omitting ‘visa’:
· subparagraph 572.211 (2) (d) (iia);
· sub‑subparagraph 572.227 (c) (iii) (BA);
· subparagraph 572.312 (2) (d) (iia);
· subparagraph 573.211 (2) (d) (iia);
· sub‑subparagraph 573.227 (c) (iii) (BA);
· subparagraph 573.312 (2) (d) (iia);
· subparagraph 574.211 (2) (d) (iia);
· sub‑subparagraph 574.227 (c) (iii) (BA);
· subparagraph 574.312 (2) (d) (iia).
Schedule 2 Amendments relating to children
(regulation 4)
[1] After regulation 1.20L
insert
1.20LAA Limitation on sponsorships — parent, aged dependent relative, contributory parent, aged parent and contributory aged parent visas
(1) This regulation applies to the following visas:
(a) a Subclass 103 (Parent) visa;
(b) a Subclass 114 (Aged Dependent Relative) visa;
(c) a Subclass 143 (Contributory Parent) visa;
(d) a Subclass 173 (Contributory Parent (Temporary)) visa;
(e) a Subclass 804 (Aged Parent) visa;
(f) a Subclass 838 (Aged Dependent Relative) visa;
(g) a Subclass 864 (Contributory Aged Parent) visa;
(h) a Subclass 884 (Contributory Aged Parent (Temporary)) visa.
(2) The Minister must not approve a sponsorship for a subclass of visa to which this regulation applies if:
(a) the Minister is satisfied that the sponsor of the applicant for the visa is:
(i) a holder or former holder of a Subclass 802 (Child) visa whose application for that visa was supported by a letter of support from a State or Territory government welfare authority; or
(ii) a cohabitating spouse of that holder or former holder; or
(iii) a guardian of that holder or former holder; or
(iv) a guardian of a person who is a cohabitating spouse of that holder or former holder; or
(v) a community organisation; and
(b) the Minister is satisfied that the applicant for the visa is or was a parent of a holder or former holder of a Subclass 802 (Child) visa whose application for that visa was supported by a letter of support from a State or Territory government welfare authority.
(3) Despite subregulation (2), the Minister may approve a sponsorship for a subclass of visa mentioned in subregulation (1) if the Minister is satisfied that there are compelling circumstances affecting the sponsor or the applicant to justify the approval of the sponsorship of the applicant for the visa.
(4) In this regulation:
letter of support means a letter of support provided by a State or Territory government welfare authority that:
(a) supports a child’s application for permanent residency in Australia; and
(b) sets out:
(i) the circumstances leading to the involvement of the State or Territory government welfare authority in the welfare of the child; and
(ii) the State or Territory government welfare authority’s reasons for supporting the child’s application for permanent residency in Australia; and
(c) describes the nature of the State or Territory government welfare authority’s continued involvement in the welfare of the child; and
(d) shows the letterhead of the State or Territory government welfare authority; and
(e) is signed by a manager or director employed by a State or Territory government welfare authority.
[2] Schedule 1, sub‑subparagraph 1108A (2) (a) (i) (B)
omit
subparagraph (ii) or (iv)
insert
subparagraph (ii) or (v)
[3] Schedule 1, subparagraph 1108A (2) (a) (iv)
omit
(iv) In any other case: $2 060
insert
(iv) In the case of an applicant whose application is supported by a letter of support from a State or Territory government welfare authority: Nil
(v) In any other case: $2 060
[4] Schedule 1, paragraph 1108A (3) (c)
substitute
(c) Application by a person claiming to be a member of the family unit of a person (the first applicant) who is an applicant for a Child (Residence) (Class BT) visa:
(i) if subparagraph (ii) does not apply — may be made at the same time and place as, and combined with, the application made by the first applicant; and
(ii) if the first applicant’s application for a Child (Residence) (Class BT) visa is supported by a letter of support from a State or Territory government welfare authority — may not be made at the same time and place as, and combined with, the application made by the first applicant; and
(d) Application by a person whose application is supported by a letter of support from a State or Territory government welfare authority may be made if the person is under 18 years of age at the time the application is made.
[5] Schedule 1, after subitem 1108A (4)
insert
(5) In this item:
letter of support means a letter of support provided by a State or Territory government welfare authority that:
(a) supports a child’s application for permanent residency in Australia; and
(b) sets out:
(i) the circumstances leading to the involvement of a State or Territory government welfare authority in the welfare of the child; and
(ii) the State or Territory government welfare authority’s reasons for supporting the child’s application for permanent residency in Australia; and
(c) describes the nature of the State or Territory government welfare authority’s continued involvement in the welfare of the child; and
(d) shows the letterhead of the State or Territory government welfare authority; and
(e) is signed by a manager or director employed by the State or Territory government welfare authority.
[6] Schedule 2, Division 802.1
substitute
802.1 Interpretation
In this Part:
letter of support means a letter of support provided by a State or Territory government welfare authority that:
(a) supports a child’s application for permanent residency in Australia; and
(b) sets out:
(i) the circumstances leading to the involvement of a State or Territory government welfare authority in the welfare of the child; and
(ii) the State or Territory government welfare authority’s reasons for supporting the child’s application for permanent residency in Australia; and
(c) describes the nature of the State or Territory government welfare authority’s continued involvement in the welfare of the child; and
(d) shows the letterhead of the State or Territory government welfare authority; and
(e) is signed by a manager or director employed by the State or Territory government welfare authority.
Note eligible New Zealand citizen is defined in regulation 1.03.
[7] Schedule 2, Division 802.2, note
substitute
Note The primary criteria must be satisfied by at least 1 member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria. However, if an application for a visa is supported by a letter of support from a State or Territory government welfare authority, no member of the family unit is able to satisfy the secondary criteria unless regulation 2.08 applies.
[8] Schedule 2, clause 802.215
substitute
802.215 The applicant is:
(a) a person whose application is supported by a letter of support from a State or Territory government welfare authority; or
(b) sponsored by a person who:
(i) has turned 18; and
(ii) is an Australian citizen, a holder of a permanent visa or an eligible New Zealand citizen; and
(iii) is:
(A) the Australian citizen, holder of a permanent visa or eligible New Zealand citizen mentioned in paragraph 802.212 (1) (a); or
(B) the cohabiting spouse of the Australian citizen, holder of a permanent visa or eligible New Zealand citizen mentioned in paragraph 802.212 (1) (a).
[9] Schedule 2, after clause 802.215
insert
802.216 Clauses 802.211 to 802.214 are not required to be satisfied if the application for a visa is supported by a letter of support from a State or Territory government welfare authority.
[10] Schedule 2, after clause 802.226
insert
802.226A (1) Clauses 802.221 to 802.226 are not required to be satisfied if the application for a visa is supported by a letter of support from a State or Territory government welfare authority.
(2) If the application for a visa is supported by a letter of support from a State or Territory government welfare authority:
(a) the applicant satisfies:
(i) the criteria in subclauses (3), (4), (5) and (6); and
(ii) public interest criteria 4001, 4002, 4003 and 4018; and
(b) the Minister is satisfied that:
(i) the grant of visa is in the public interest; and
(ii) the State or Territory government welfare authority supports the applicant’s application for permanent residency in Australia.
(3) The applicant has undergone a medical examination carried out by any of the following (a relevant medical practitioner):
(a) a Medical Officer of the Commonwealth;
(b) a medical practitioner approved by the Minister for the purposes of this paragraph;
(c) a medical practitioner employed by an organisation approved by the Minister for the purposes of this paragraph.
(4) The applicant:
(a) has undergone a chest x‑ray examination conducted by a medical practitioner who is qualified as a radiologist in Australia; or
(b) is under 11 years of age and is not a person in respect of whom a relevant medical practitioner has requested such an examination; or
(c) is a person:
(i) who is confirmed by a relevant medical practitioner to be pregnant; and
(ii) who has been examined for tuberculosis by a chest clinic officer employed by a health authority of a State or Territory; and
(iii) who has signed an undertaking to place herself under the professional supervision of a health authority in a State or Territory and to undergo any necessary treatment; and
(iv) who the Minister is satisfied should not be required to undergo a chest x‑ray examination at this time.
(5) A relevant medical practitioner:
(a) has considered:
(i) the results of any tests carried out for the purposes of the medical examination required under subclause (3); and
(ii) the radiological report (if any) required under subclause (4) in respect of the applicant; and
(b) if he or she is not a Medical Officer of the Commonwealth and considers that the applicant has a disease or condition that is, or may result in the applicant being, a threat to public health in Australia or a danger to the Australian community, has referred any relevant results and reports to a Medical Officer of the Commonwealth.
(6) If a Medical Officer of the Commonwealth considers that the applicant has a disease or condition that is, or may result in the applicant being, a threat to public health in Australia or a danger to the Australian community, arrangements have been made, on the advice of the Medical Officer of the Commonwealth, to place the applicant under the professional supervision of a health authority in a State or Territory to undergo any necessary treatment.
[11] Schedule 2, Division 802.3, note
substitute
Note If any member of a family unit satisfies the primary criteria, the other members of the family unit are eligible for the grant of the visa if they satisfy the secondary criteria and their applications are made before the Minister has decided to grant or refuse to grant the visa to the first person. However, if an application for a visa is supported by a letter of support from a State or Territory government welfare authority, no member of the family unit is able to satisfy the secondary criteria unless regulation 2.08 applies.
[12] Schedule 2, clause 802.311
substitute
802.311 Each of the following is satisfied:
(a) the applicant is a member of the family unit of a person to whom paragraph 802.215 (b) applies;
(b) the applicant is a member of the family unit of a person who:
(i) has applied for a Child (Residence) (Class BT) visa; and
(ii) on the basis of the information provided in his or her application, appears to satisfy the criteria in Subdivision 802.21;
(c) the Minister has not decided to grant or refuse to grant the visa to that other person.
[13] Schedule 2, after clause 802.326
insert
802.327 Clauses 802.321 to 802.325 are not required to be satisfied if the application for a visa is supported by a letter of support from a State or Territory government welfare authority.
802.328 (1) If the applicant’s application for a visa is supported by a letter of support from a State or Territory government welfare authority and the applicant is an applicant to whom regulation 2.08 applies:
(a) the applicant must:
(i) be a member of the family unit of a person to whom paragraph 802.215 (a) applies; and
(ii) satisfy subclauses (2), (3), (4) and (5); and
(iii) satisfy public interest criteria 4018; and
(b) the Minister must be satisfied that:
(i) the grant of visa is in the public interest; and
(ii) the State or Territory government welfare authority supports the applicant’s application for permanent residency in Australia.
(2) The applicant has undergone a medical examination carried out by any of the following (a relevant medical practitioner):
(a) a Medical Officer of the Commonwealth;
(b) a medical practitioner approved by the Minister for the purposes of this paragraph;
(c) a medical practitioner employed by an organisation approved by the Minister for the purposes of this paragraph.
(3) The applicant:
(a) has undergone a chest x‑ray examination conducted by a medical practitioner who is qualified as a radiologist in Australia; or
(b) is under 11 years of age and is not a person in respect of whom a relevant medical practitioner has requested such an examination; or
(c) is a person:
(i) who is confirmed by a relevant medical practitioner to be pregnant; and
(ii) who has been examined for tuberculosis by a chest clinic officer employed by a health authority of a State or Territory; and
(iii) who has signed an undertaking to place herself under the professional supervision of a health authority in a State or Territory and to undergo any necessary treatment; and
(iv) who the Minister is satisfied should not be required to undergo a chest x‑ray examination at this time.
(4) A relevant medical practitioner:
(a) has considered:
(i) the results of any tests carried out for the purposes of the medical examination required under subclause (2); and
(ii) the radiological report (if any) required under subclause (3) in respect of the applicant; and
(b) if he or she is not a Medical Officer of the Commonwealth and considers that the applicant has a disease or condition that is, or may result in the applicant being, a threat to public health in Australia or a danger to the Australian community, has referred any relevant results and reports to a Medical Officer of the Commonwealth.
(5) If a Medical Officer of the Commonwealth considers that the applicant has a disease or condition that is, or may result in the applicant being, a threat to public health in Australia or a danger to the Australian community, arrangements have been made, on the advice of the Medical Officer of the Commonwealth, to place the applicant under the professional supervision of a health authority in a State or Territory to undergo any necessary treatment.
Schedule 3 Amendments relating to permission to work
(regulation 5)
Part 1 Amendments of Schedule 1
[1] Paragraph 1222 (1) (b)
omit
[2] Subparagraph 1222 (2) (a) (iv)
omit
$430
insert
$450
Part 2 Amendments of Schedule 2
[3] Clause 570.611
substitute
570.611 If the applicant satisfies the primary criteria:
(a) in all cases, conditions 8105, 8202, 8501, 8516, 8517, 8532 and 8533; and
(d) if the applicant is a citizen of Iran, condition 8204; and
(e) subject to clause 570.612, any 1 or more of conditions 8303, 8523 and 8535 may be imposed.
[4] Clause 570.617
substitute
570.617 If the applicant satisfies the secondary criteria, condition 8104.
[5] Clause 571.611
substitute
571.611 If the applicant satisfies the primary criteria:
(a) in all cases, conditions 8105, 8202, 8501, 8516, 8517, 8532 and 8533; and
(d) if the applicant is a citizen of Iran, condition 8204; and
(e) subject to clause 571.612, any 1 or more of conditions 8303, 8523, 8534 and 8535 may be imposed.
[6] Clause 571.614
substitute
571.614 If the applicant satisfies the secondary criteria, condition 8104.
[7] Clause 572.611
substitute
572.611 If the applicant satisfies the primary criteria:
(a) in all cases, conditions 8105, 8202, 8501, 8516, 8517, 8532 and 8533; and
(d) if the applicant is a citizen of Iran, condition 8204; and
(e) subject to clause 572.612, any 1 or more of conditions 8303, 8523 and 8535 may be imposed.
[8] Clause 572.617
substitute
572.617 If the applicant satisfies the secondary criteria, condition 8104.
[9] Clause 573.611
substitute
573.611 If the applicant satisfies the primary criteria:
(a) in all cases, conditions 8105, 8202, 8501, 8516, 8517, 8532 and 8533; and
(d) if the applicant is a citizen of Iran, condition 8203; and
(e) subject to clause 573.612, any 1 or more of conditions 8303, 8523 and 8535 may be imposed.
[10] Clause 573.617
substitute
573.617 If the applicant satisfies the secondary criteria, condition 8104.
[11] Subparagraph 574.221 (2) (b) (ii)
omit
574.222
insert
574.223
[12] Clause 574.611
substitute
574.611 If the applicant satisfies the primary criteria:
(a) in all cases, conditions 8105, 8202, 8501, 8516, 8517, 8532 and 8533; and
(d) if the applicant is a citizen of Iran, condition 8203; and
(e) subject to clause 574.612, any 1 or more of conditions 8303, 8523 and 8535 may be imposed.
[13] Paragraph 574.616 (1) (d)
omit
[14] Clause 574.617
substitute
574.617 If the applicant satisfies the secondary criteria, condition 8104.
[15] Clause 574.618
omit
[16] Clause 575.611
substitute
575.611 If the applicant satisfies the primary criteria:
(a) in all cases, conditions 8105, 8202, 8501, 8516, 8517, 8532 and 8533; and
(d) if the applicant is a citizen of Iran, condition 8204; and
(e) subject to clause 575.612, any 1 or more of conditions 8303, 8523 and 8535 may be imposed.
[17] Clause 575.617
substitute
575.617 If the applicant satisfies the secondary criteria, condition 8104.
[18] Clause 576.611
substitute
576.611 If the applicant satisfies the primary criteria:
(a) in all cases, conditions 8105, 8202, 8501, 8516, 8517, 8533 and 8535; and
(c) if the applicant is a citizen of Iran, condition 8203; and
(d) subject to clause 576.612, 1 or both of conditions 8303 and 8523 may be imposed.
[19] Clause 576.614
substitute
576.614 If the applicant satisfies the secondary criteria, condition 8104.
Part 3 Amendments of Schedule 8
[20] Clause 8104
substitute
8104 (1) Subject to subclauses (2) to (6), the holder must not engage in work for more than 20 hours a week while the holder is in Australia.
(2) If the holder is a member of the family unit of a person who satisfies the primary criteria for the grant of a student visa, the holder must not engage in work in Australia until the person who satisfies the primary criteria has commenced a course of study.
(3) If the holder is able to engage in work in accordance with subclause (2), the holder must not engage in work for more than 20 hours a week while the holder is in Australia unless subclause (4) or (5) applies.
(4) Subclause (3) does not apply if:
(a) the visa for which the primary criteria were satisfied is:
(i) a Subclass 573 (Higher Education Sector) visa; or
(ii) a Subclass 574 (Postgraduate Research Sector) visa; and
(b) the course of study is a course for the award of a masters or doctorate degree that is registered on the Commonwealth Register of Institutions and Courses of Overseas Students.
(5) Subclause (3) does not apply if:
(a) the visa for which the primary criteria were satisfied is a Subclass 576 (AusAID or Defence Sector) visa; and
(b) the course of study is a course for the award of a masters or doctorate degree.
(6) In this clause:
week means the period of 7 days commencing on a Monday.
[21] Before subclause 8105 (1)
insert
(1A) The holder must not engage in any work in Australia before the holder’s course of study commences.
[22] After subclause 8105 (2)
insert
(3) In this clause:
week means the period of 7 days commencing on a Monday.
Note
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.
