Migration Amendment Regulations 2006 (No. 6)1
Select Legislative Instrument 2006 No. 250
I, PROFESSOR MARIE BASHIR, AC, CVO, Administrator of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Migration Act 1958.
Dated 21 September 2006
MARIE BASHIR
Administrator
By Her Excellency’s Command
AMANDA VANSTONE
Minister for Immigration and Multicultural Affairs
1 Name of Regulations
These Regulations are the Migration Amendment Regulations 2006 (No. 6).
2 Commencement
These Regulations commence on 1 October 2006.
3 Amendment of Migration Regulations 1994
Schedules 1, 2, 3 and 4 amend the Migration Regulations 1994.
4 Transitional
(1) The amendments made by Schedule 1 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 1 October 2006; or
(b) made on or after 1 October 2006.
(2) Subject to subregulation (3), the amendments made by Schedule 2 apply only in relation to an application for a visa made on or after 1 October 2006.
(3) The amendments made by items [50], [56] and [62] of Schedule 2 apply also in relation to an application for a visa made, but not finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958), before 1 October 2006.
(4) 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 1 October 2006; or
(b) made on or after 1 October 2006.
(5) The amendments made by Schedule 4 apply in relation to an application for a visa made on or after 1 October 2006.
5 Status of Gazette Notices
Despite the amendment of a provision of the Migration Regulations 1994 specified in item [7] of Schedule 1, a Gazette Notice that is:
(a) made for that provision; and
(b) in effect immediately before 1 October 2006;
is taken to continue in effect, on and after 1 October 2006, as if it were an instrument made for the provision as amended by item [7].
Schedule 1 Amendments relating to general skilled migration visas
(regulation 3)
[1] Regulation 1.15B
substitute
1.15B Vocational English
(1) Vocational English, for a person, has the meanings given in subregulations (2), (3) and (4).
(2) If a person applied, before 1 July 1999, for a visa a criterion for the grant of which is that the person has vocational English, the person has vocational English if the person satisfies the Minister that the person is proficient in English to at least the standard required for the award of 15 points in the language skill factor of the general points test specified in Part 3 of Schedule 6.
(3) If a person applies, on or after 1 July 1999, for a visa a criterion for the grant of which is that the person has vocational English, the person has vocational English if the person satisfies the Minister that the person has achieved an IELTS test score of at least 5 for each of the 4 test components of speaking, reading, writing and listening in a test conducted:
(a) not more than 12 months before the day on which the application was lodged; or
(b) during the processing of the application.
(4) If a person applies, on or after 1 July 1999, for a visa a criterion for the grant of which is that the person has vocational English, the person has vocational English if:
(a) the person does not have an IELTS test score in a test conducted:
(i) not more than 12 months before the day on which the application was lodged; or
(ii) during the processing of the application; and
(b) the Minister:
(i) determines that it is not reasonably practicable, or not necessary, for the person to be tested using the IELTS test; and
(ii) is satisfied that the person is proficient in English to a standard that is not less than the standard required under subregulation (3).
[2] Schedule 2, paragraphs 010.611 (3A) (b) and (c)
omit
[3] Schedule 2, paragraph 010.611 (3A) (d)
omit
visa;
insert
visa in relation to which the applicant met the requirements for subitem 1218A (5) of Schedule 1;
[4] Schedule 2, subclause 020.611 (3A)
substitute
(3A) In the case of a visa granted to a person who meets the requirements of subclause 020.212 (2) or (3) on the basis of a valid application for:
(a) a Graduate — Skilled (Temporary) (Class UQ) visa; or
(b) a Skilled — Independent Regional (Provisional) (Class UX) visa in relation to which the applicant met the requirements for subitem 1218A (5) of Schedule 1;
8501.
[5] Schedule 6A, Part 5, item 6A51, column 2, subparagraph (e) (iv)
omit
day
insert
day; and
[6] Schedule 6A, Part 5, item 6A51, column 2, after paragraph (e)
insert
(f) is not an Australian permanent resident or an Australian citizen.
[7] Further amendments relating to instruments
Provision
omit each mention of
insert
Regulations
Regulation 1.03, definition of migration occupation in demand
Gazette Notice
an instrument in writing for this definition
Regulation 1.03, definition of skilled occupation, subparagraph (a) (i)
a Gazette Notice
an instrument in writing
Regulation 1.03, definition of skilled occupation, subparagraphs (a) (iii) and (a) (iv)
Gazette Notice
instrument
Regulation 1.03, definition of skilled occupation, paragraph (b)
a Gazette Notice
an instrument in writing
Regulation 1.03, definition of skilled occupation, paragraph (b)
Gazette Notice
instrument
Subregulation 2.26 (5), definition of professional‑equivalent occupation
Gazette Notice
an instrument in writing for this definition
Subregulation 2.26 (5), definition of priority occupation
Gazette Notice
an instrument in writing for this definition
Subregulation 2.26 (5), definition of technical‑equivalent occupation
Gazette Notice
an instrument in writing for this definition
Subregulation 2.26B (1)
notice in the Gazette
an instrument in writing for this subregulation
Subregulation 2.26C (1)
notice in the Gazette
an instrument in writing for this subregulation
Schedule 1
Subparagraphs 1128AA (3) (aa) (i) and 1128AA (3) (aa) (ii)
the Minister
the Minister in an instrument in writing for this subparagraph
Subparagraphs 1128B (3) (aa) (i) and 1128B (3) (aa) (ii)
the Minister
the Minister in an instrument in writing for this subparagraph
Subparagraphs 1128BA (3) (h) (i) and 1128BA (3) (h) (ii)
a Gazette Notice
an instrument in writing
Subparagraph 1128BA (3) (j) (ii)
Gazette Notice
an instrument in writing for this subparagraph
Subparagraph 1128BA (3) (m) (i)
Gazette Notice
an instrument in writing for this subparagraph
Subparagraphs 1128C (3) (aa) (i) and 1128C (3) (aa) (ii)
the Minister
the Minister in an instrument in writing for this subparagraph
Subparagraphs 1128CA (3) (c) (i) and 1128CA (3) (c) (ii)
a Gazette Notice
an instrument in writing
Subparagraphs 1128CA (3) (j) (i) and 1128CA (3) (j) (ii)
Gazette Notice
an instrument in writing for this subparagraph
Subparagraphs 1128D (3) (aa) (i) and 1128D (3) (aa) (ii)
the Minister
the Minister in an instrument in writing for this subparagraph
Subparagraphs 1134 (3) (b) (i) and 1134 (3) (b) (ii)
a Gazette Notice
an instrument in writing for this subparagraph
Subparagraphs 1212A (3) (j) (i) and 1212A (3) (j) (ii)
the Minister
the Minister in an instrument in writing for this subparagraph
Subparagraphs 1218A (3) (b) (i) and 1218A (3) (b) (ii)
a Gazette Notice
an instrument in writing
Subparagraphs 1218A (5) (g) (i), 1218A (5) (g) (ii) and 1218A (5) (g) (iii)
Gazette Notice
an instrument in writing for this subparagraph
Subparagraphs 1226 (3) (b) (i) and 1226 (3) (b) (ii)
a Gazette Notice
an instrument in writing for this subparagraph
Schedule 2
Subclause 134.222 (3)
Gazette Notice
an instrument in writing for this subclause
Paragraph 134.222C (2) (a)
a Gazette Notice
an instrument in writing
Paragraphs 134.228 (a) and 134.228 (b)
Gazette Notice
an instrument in writing for this paragraph
Paragraphs 136.213 (1) (a) and 136.213 (1) (b)
Gazette Notice
an instrument in writing for this paragraph
Paragraphs 136.223A (1) (a) and 136.223A (1) (b)
Gazette Notice
an instrument in writing for this paragraph
Paragraphs 136.231 (a) and 136.231 (b)
Gazette Notice
an instrument in writing for this paragraph
Paragraphs 137.214 (1) (c) and 137.214 (1) (d)
Gazette Notice
an instrument in writing for this paragraph
Paragraphs 137.221A (1) (c) and 137.221A (1) (d)
Gazette Notice
an instrument in writing for this paragraph
Subclause 137.224 (3)
Gazette Notice
an instrument in writing for this subclause
Paragraphs 137.230 (a) and 137.230 (b)
Gazette Notice
an instrument in writing for this paragraph
Paragraphs 138.216 (1) (a) and 138.216 (1) (b)
Gazette Notice
an instrument in writing for this paragraph
Clause 138.221A
a Gazette Notice
an instrument in writing for this clause
Paragraph 138.221A (a)
Gazette Notice
instrument
Paragraphs 138.225A (1) (a) and 138.225A (1) (b)
Gazette Notice
an instrument in writing for this paragraph
Paragraphs 138.233 (a) and 138.233 (b)
Gazette Notice
an instrument in writing for this paragraph
Clause 139.111, definition of designated area
Gazette Notice
an instrument in writing
Paragraphs 139.217 (1) (a) and 139.217 (1) (b)
Gazette Notice
an instrument in writing for this paragraph
Paragraphs 139.225A (1) (a) and 139.225A (1) (b)
Gazette Notice
an instrument in writing for this paragraph
Paragraph 139.226 (b)
Gazette Notice
an instrument in writing for this paragraph
Paragraphs 139.234 (a) and 139.234 (b)
Gazette Notice
an instrument in writing for this paragraph
Paragraphs 495.211 (1) (a) and 495.211 (1) (b)
a Gazette Notice
an instrument in writing for this paragraph
Paragraphs 495.231 (a) and 495.231 (b)
Gazette Notice
an instrument in writing for this paragraph
Clause 496.111, definition of designated area
Gazette Notice
an instrument in writing
Paragraphs 496.215 (1) (a) and 496.215 (1) (b)
Gazette Notice
an instrument in writing for this paragraph
Paragraph 496.226 (b)
Gazette Notice
an instrument in writing for this paragraph
Paragraphs 861.213 (1) (a) and 861.213 (1) (b)
Gazette Notice
an instrument in writing for this paragraph
Paragraphs 861.231 (a) and 861.231 (b)
Gazette Notice
an instrument in writing for this paragraph
Paragraphs 862.216 (1) (a) and 862.216 (1) (b)
Gazette Notice
an instrument in writing for this paragraph
Paragraphs 862.233 (a) and 862.233 (b)
Gazette Notice
an instrument in writing for this paragraph
Clause 863.111, definition of designated area
Gazette Notice
an instrument in writing
Paragraphs 863.217 (1) (a) and 863.217 (1) (b)
Gazette Notice
an instrument in writing for this paragraph
Paragraph 863.226 (b)
Gazette Notice
an instrument in writing for this paragraph
Paragraphs 863.234 (a) and 863.234 (b)
Gazette Notice
an instrument in writing for this paragraph
Paragraphs 880.229 (a) and 880.229 (b)
Gazette Notice
an instrument in writing for this paragraph
Paragraphs 881.231 (a) and 881.231 (b)
Gazette Notice
an instrument in writing for this paragraph
Paragraph 882.225 (b)
Gazette Notice
an instrument in writing for this paragraph
Paragraphs 882.232 (a) and 882.232 (b)
Gazette Notice
an instrument in writing for this paragraph
Clause 883.111, definition of designated area
Gazette Notice
an instrument in writing
Schedule 6
Part 7, item 6701, column 2
Gazette Notice
an instrument in writing for this item
Schedule 6A
Part 1, item 6A11, column 2
Gazette Notice
an instrument in writing for this item
Part 1, item 6A12, column 2
Gazette Notice
an instrument in writing for this item
Part 1, item 6A13, column 2
Gazette Notice
an instrument in writing for this item
Part 4, item 6A41, column 2
Gazette Notice
an instrument in writing for this item
Part 5, item 6A51, column 2, subparagraphs (e) (iii) and (e) (iv)
Gazette Notice
an instrument in writing for this subparagraph
Part 10, item 6A1001, column 2, paragraph (a)
a Gazette Notice
an instrument in writing
Part 10, item 6A1001, column 2, paragraphs (b) and (c)
the Gazette Notice
that instrument
Part 10, item 6A1002, column 2, paragraph (a)
a Gazette Notice
an instrument in writing
Part 10, item 6A1002, column 2, paragraphs (b) and (f)
the Gazette Notice
that instrument
Schedule 2 Further amendments relating to general skilled migration visas
(regulation 3)
[1] Paragraph 2.26A (8) (b)
substitute
(b) a reference to a step‑relationship is a reference to a step‑relationship in which the applicant, or the applicant’s spouse, and the relevant step‑relative of the applicant, or of the applicant’s spouse, have been members of the same family unit for a reasonable period.
[2] Paragraph 2.27A (1) (b)
omit
class.
insert
class; and
[3] After paragraph 2.27A (1) (b)
insert
(c) the applicant’s visa application was made before 1 October 2006.
[4] Schedule 1, after paragraph 1128AA (3) (aa)
insert
(ab) Applicant seeking to satisfy the primary criteria must be less than 45.
[5] Schedule 1, paragraph 1128AA (3) (c)
substitute
(c) Application by a person who is seeking to satisfy the primary criteria must be accompanied by evidence that a relevant assessing authority has assessed the skills of the applicant as suitable for his or her nominated skilled occupation.
[6] Schedule 1, after paragraph 1128B (3) (aa)
insert
(ab) Applicant seeking to satisfy the primary criteria must be less than 45.
[7] Schedule 1, paragraph 1128B (3) (c)
substitute
(c) Application by a person who is seeking to satisfy the primary criteria must be accompanied by evidence that a relevant assessing authority has assessed the skills of the applicant as suitable for his or her nominated skilled occupation.
[8] Schedule 1, after paragraph 1128BA (3) (h), after the note
insert
(ha) Applicant seeking to satisfy the primary criteria must be less than 45.
[9] Schedule 1, paragraph 1128BA (3) (i)
omit
or the applicant’s spouse (if the spouse has made a combined application with the applicant)
[10] Schedule 1, paragraph 1128BA (3) (j)
omit
(the former overseas student)
[11] Schedule 1, subparagraph 1128BA (3) (j) (i)
omit
[12] Schedule 1, subparagraph 1128BA (3) (j) (ii)
omit
the former overseas student
insert
he or she
[13] Schedule 1, subparagraph 1128BA (3) (j) (iii)
omit
the former overseas student
insert
he or she
[14] Schedule 1, subparagraph 1128BA (3) (j) (iv)
omit
the former overseas student’s
insert
his or her
[15] Schedule 1, paragraph 1128BA (3) (ja)
omit
who is a former overseas student for paragraph (j)
insert
to whom paragraph (j) applies
[16] Schedule 1, subparagraph 1128BA (3) (l) (iii)
after
applicant seeking to satisfy the primary criteria
insert
, or the spouse of the applicant seeking to satisfy the primary criteria,
[17] Schedule 1, paragraph 1128BA (3) (m)
after
applicant seeking to satisfy the primary criteria
insert
, or the spouse of the applicant seeking to satisfy the primary criteria,
[18] Schedule 1, after paragraph 1128C (3) (aa)
insert
(ab) Except in the case of an applicant who:
(i) is the holder of a Subclass 495 (Skilled — Independent Regional (Provisional)) visa; and
(ii) is seeking to satisfy the primary criteria for a Subclass 137 (Skilled — State/Territory‑nominated Independent) visa;
applicant seeking to satisfy the primary criteria must be less than 45.
[19] Schedule 1, paragraph 1128C (3) (c)
substitute
(c) Unless the applicant:
(i) is the holder of a Skilled — Independent Regional (Provisional) (Class UX) visa granted on the basis of satisfying the primary criteria; or
(ii) is the holder of a Skilled — Independent Regional (Provisional) (Class UX) visa granted on the basis that he or she was the spouse of the holder of a Skilled — Independent Regional (Provisional) (Class UX) visa granted on the basis of satisfying the primary criteria;
application must be accompanied by evidence that a relevant assessing authority has assessed the skills of the applicant seeking to satisfy the primary criteria for the grant of a Subclass 136 (Skilled — Independent) or Subclass 137 (Skilled — State/Territory‑nominated Independent) visa as suitable for his or her nominated skilled occupation.
[20] Schedule 1, after paragraph 1128D (3) (c)
insert
(ca) Applicant seeking to satisfy the primary criteria must be less than 45.
[21] Schedule 1, paragraph 1128D (3) (e)
substitute
(e) Application by a person seeking to satisfy the primary criteria must be accompanied by evidence that a relevant assessing authority has assessed the skills of the applicant as suitable for his or her nominated skilled occupation.
[22] Schedule 1, sub‑subparagraph 1218A (6) (a) (i) (A)
substitute
(A) he or she is less than 45; or
[23] Schedule 1, paragraph 1218A (6) (b)
after
skills of the applicant
insert
as suitable
[24] Schedule 2, clause 134.211
omit
[25] Schedule 2, clause 136.211
omit
[26] Schedule 2, clause 136.222
substitute
136.222 If the assessment mentioned in paragraph 1128C (3) (c) of Schedule 1 was made on the basis of a qualification obtained in Australia while the applicant was the holder of a student visa, the qualification was obtained as a result of full‑time study of a registered course.
[27] Schedule 2, clause 137.211
omit
[28] Schedule 2, clause 137.213
substitute
137.213 If the assessment mentioned in paragraph 1128C (3) (c) of Schedule 1 was made on the basis of a qualification obtained in Australia while the applicant was the holder of a student visa, the qualification was obtained as a result of full‑time study of a registered course.
[29] Schedule 2, clause 138.211
after
applicant
insert
, or the applicant’s spouse,
[30] Schedule 2, clause 138.214
omit
[31] Schedule 2, clause 138.217
omit
[32] Schedule 2, clause 138.224
substitute
138.224 If the assessment mentioned in paragraph 1128B (3) (c) of Schedule 1 was made on the basis of a qualification obtained in Australia while the applicant was the holder of a student visa, the qualification was obtained as a result of full‑time study of a registered course.
[33] Schedule 2, paragraphs 495.215 (d) and (e)
substitute
(d) if a declaration was required to be made for sub‑subparagraph 1218A (5) (f) (i) (B) of Schedule 1 — the Minister is satisfied that the declaration is true; and
(e) if a declaration was required to be made for paragraph 1218A (5) (h), (k) or (l) of Schedule 1 — the Minister is satisfied that the declaration is true.
[34] Schedule 2, clause 495.218
after
skills of the applicant
insert
as suitable
[35] Schedule 2, clause 495.219
omit
the applicant meets the requirements of the paragraph for which the declaration was made.
insert
the declaration is true.
[36] Schedule 2, paragraph 495.314 (c)
substitute
(c) if a declaration was required to be made for paragraph 1218A (5) (k) or (l) of Schedule 1 in relation to the applicant — the Minister is satisfied that the declaration is true.
[37] Schedule 2, clause 496.225
substitute
496.225 If the assessment mentioned in paragraph 1226 (3) (f) of Schedule 1 was made on the basis of a qualification obtained in Australia while the applicant was the holder of a student visa, the qualification was obtained as a result of full‑time study of a registered course.
[38] Schedule 2, clause 861.211
omit
[39] Schedule 2, clause 861.222
substitute
861.222 If the assessment mentioned in paragraph 1128D (3) (e) of Schedule 1 was made on the basis of a qualification obtained in Australia while the applicant was the holder of a student visa, the qualification was obtained as a result of full‑time study of a registered course.
[40] Schedule 2, clause 862.211
after
applicant
insert
, or the applicant’s spouse,
[41] Schedule 2, clause 862.214
omit
[42] Schedule 2, clause 862.218
omit
[43] Schedule 2, clause 862.224
substitute
862.224 If the assessment mentioned in paragraph 1128D (3) (e) of Schedule 1 was made on the basis of a qualification obtained in Australia while the applicant was the holder of a student visa, the qualification was obtained as a result of full‑time study of a registered course.
[44] Schedule 2, clause 863.211
after
applicant
insert
, or the applicant’s spouse,
[45] Schedule 2, clause 863.215
omit
[46] Schedule 2, clause 863.218
omit
[47] Schedule 2, clause 863.225
substitute
863.225 If the assessment mentioned in paragraph 1128D (3) (e) of Schedule 1 was made on the basis of a qualification obtained in Australia while the applicant was the holder of a student visa, the qualification was obtained as a result of full‑time study of a registered course.
[48] Schedule 2, clause 880.214
substitute
880.214 The Minister is satisfied that the applicant’s declaration under paragraph 1128CA (3) (l) of Schedule 1 is true.
[49] Schedule 2, clause 880.216
substitute
880.216 If a declaration was required to be made for paragraph 1128CA (3) (m) or (ma) of Schedule 1 in relation to the applicant, the Minister is satisfied that declaration is true.
[50] Schedule 2, subclause 880.230 (1)
omit
occupation.
insert
occupation, and no evidence has become available that the information given or used as part of the assessment of the applicant’s skills is false or misleading in a material particular.
[51] Schedule 2, clause 880.313
substitute
880.313 If a declaration was required to be made for paragraph 1128CA (3) (m) or (ma) of Schedule 1 in relation to the applicant, the Minister is satisfied that declaration is true.
[52] Schedule 2, clause 881.211
substitute
881.211 The Minister is satisfied that the applicant’s declaration under paragraph 1128BA (3) (i) of Schedule 1 is true.
[53] Schedule 2, clause 881.214
omit
, or the applicant’s spouse,
[54] Schedule 2, clause 881.216
substitute
881.216 If a declaration was required to be made for paragraph 1128BA (3) (p) or (pa) of Schedule 1 in relation to the applicant, the Minister is satisfied that declaration is true.
[55] Schedule 2, clause 881.227
omit
[56] Schedule 2, subclause 881.232 (1)
omit
occupation.
insert
occupation, and no evidence has become available that the information given or used as part of the assessment of the applicant’s skills is false or misleading in a material particular.
[57] Schedule 2, clause 881.314
substitute
881.314 If a declaration was required to be made for paragraph 1128BA (3) (p) or (pa) of Schedule 1 in relation to the applicant, the Minister is satisfied that declaration is true.
[58] Schedule 2, clause 882.211
substitute
882.211 The Minister is satisfied that the applicant’s declaration under paragraph 1128BA (3) (i) of Schedule 1 is true.
[59] Schedule 2, clause 882.214
omit
, or the applicant’s spouse,
[60] Schedule 2, clause 882.216
substitute
882.216 If a declaration was required to be made for paragraph 1128BA (3) (p) or (pa) of Schedule 1 in relation to the applicant, the Minister is satisfied that declaration is true.
[61] Schedule 2, clause 882.227
omit
[62] Schedule 2, subclause 882.233 (1)
omit
occupation.
insert
occupation, and no evidence has become available that the information given or used as part of the assessment of the applicant’s skills is false or misleading in a material particular.
[63] Schedule 2, clause 882.314
substitute
882.314 If a declaration was required to be made for paragraph 1128BA (3) (p) or (pa) of Schedule 1 in relation to the applicant, the Minister is satisfied that declaration is true.
[64] Schedule 6A, Part 9, item 6A91, column 2
omit
his or her:
insert
his or her, or his or her spouse’s:
Schedule 3 Amendments relating to deemed applications for certain visas
(regulation 3)
[1] Subparagraph 2.08C (1) (a) (iii)
renumber as subparagraph 2.08C (1) (a) (iv)
[2] After subparagraph 2.08C (1) (a) (ii)
insert
(iii) a Skilled — Australian‑sponsored (Migrant) (Class BQ) visa; or
[3] Paragraph 2.08C (2) (a)
omit
Class AT, BN or BR visa; and
insert
Class AT, BN, BQ or BR visa; and
[4] Paragraph 2.08C (2) (b)
omit
Subclass 134 (Skill Matching) or Subclass 136 (Skilled — Independent) visa
insert
Subclass 134 (Skill Matching), Subclass 136 (Skilled — Independent) or Subclass 138 (Skilled — Australian‑sponsored) visa
[5] Subparagraph 2.08C (2) (d) (iii)
renumber as subparagraph 2.08C (2) (d) (iv)
[6] After subparagraph 2.08C (2) (d) (ii)
insert
(iii) for a Class BQ visa:
(A) has vocational English; and
(B) has a diploma (within the meaning of subregulation 2.26A (6)) or higher qualification; and
[7] Subregulation 2.08C (5)
omit
an applicant for a Class AT, BN or BR visa:
insert
an applicant for a Class AT, BN, BQ or BR visa:
[8] Paragraph 2.08C (5) (b)
omit
a Class AT, BN or BR visa
insert
a Class AT, BN, BQ or BR visa
[9] Subregulation 2.08C (8)
omit
an applicant for a Class AT, BN or BR visa:
insert
an applicant for a Class AT, BN, BQ or BR visa:
[10] Paragraph 2.08C (8) (b)
omit
a Class AT, BN or BR visa
insert
a Class AT, BN, BQ or BR visa
[11] Regulation 2.08CB
substitute
2.08CB Certain applicants taken to have applied also for Employer Nomination (Residence) (Class BW) visas
(1) This regulation applies to a person (the applicant) who:
(a) either:
(i) has applied for a Skilled — Independent Overseas Student (Residence) (Class DD) visa; or
(ii) both:
(A) has applied for a Skilled — Australian‑sponsored Overseas Student (Residence) (Class DE) visa; and
(B) seeks to satisfy the primary criteria for the grant of a Subclass 881 (Skilled — Australian‑sponsored Overseas Student) visa; and
(b) has been nominated by an employer in respect of an appointment in the business of that employer that is an approved appointment for regulation 5.19 on the basis that the nomination meets the requirements of subregulation 5.19 (4).
(2) An applicant is taken also to have applied for an Employer Nomination (Residence) (Class BW) visa on the day on which the appointment mentioned in paragraph (1) (b) is approved, if each of the following requirements is satisfied as at that day:
(a) the applicant was less than 45 at the time of the application for the Class DD or Class DE visa;
(b) a decision to grant, or refuse to grant, to the applicant a Subclass 880 (Skilled — Independent Overseas Student) visa or a Subclass 881 (Skilled — Australian‑sponsored Overseas Student) visa has not been made;
(c) the applicant:
(i) has vocational English; and
(ii) has a diploma (within the meaning of subregulation 2.26A (6)) or a higher qualification.
(3) If subregulation (2) applies to an applicant for a Class DD or Class DE visa, any other person included in the applicant’s application is taken also to be included in the applicant’s application for an Employer Nomination (Residence) (Class BW) visa.
2.08CC Certain applicants taken to have applied also for Labour Agreement (Residence) (Class BV) visas
(1) This regulation applies to a person (the applicant) who:
(a) either:
(i) has applied for a Skilled — Independent Overseas Student (Residence) (Class DD) visa; or
(ii) both:
(A) has applied for a Skilled — Australian‑sponsored Overseas Student (Residence) (Class DE) visa; and
(B) seeks to satisfy the primary criteria for the grant of a Subclass 881 (Skilled — Australian‑sponsored Overseas Student) visa; and
(b) seeks to enter Australia in accordance with a labour agreement, an RHQ agreement or an IASS agreement.
(2) An applicant to whom this regulation applies is taken also to have applied for a Labour Agreement (Residence) (Class BV) visa on the day on which Immigration receives evidence of the applicant’s appointment by an employer authorised under the labour agreement, RHQ agreement or IASS agreement to recruit persons, if each of the following requirements is satisfied as at that date:
(a) the applicant was less than 45 at the time of the application for the Class DD or Class DE visa;
(b) a decision to grant, or refuse to grant, to the applicant a Subclass 880 (Skilled — Independent Overseas Student) visa or a Subclass 881 (Skilled — Australian‑sponsored Overseas Student) visa has not been made;
(c) the applicant:
(i) has vocational English; and
(ii) has a diploma (within the meaning of subregulation 2.26A (6)) or a higher qualification.
(3) If subregulation (2) applies to an applicant for a Class DD or Class DE visa, any other person included in the applicant’s application is taken also to be included in the applicant’s application for a Labour Agreement (Residence) (Class BV) visa.
[12] Schedule 1, paragraph 1121A (2) (a)
substitute
(a) First instalment (payable at the time application is made):
(i) In the case of an applicant who is taken, under regulation 2.08CC, to have applied for a Labour Agreement (Residence) (Class BV) visa: Nil
(ii) In any other case: $1 990
[13] Schedule 2, paragraph 119.211 (2) (c)
renumber as paragraph 119.211 (2) (d)
[14] Schedule 2, after paragraph 119.211 (2) (b)
insert
(c) if the applicant applied for a Skilled — Australian‑sponsored (Migrant) (Class BQ) visa, the applicant:
(i) had not turned 45 at the time of the application for a Skilled — Australian‑sponsored (Migrant) (Class BQ) visa; and
(ii) has vocational English; and
(iii) has a diploma (within the meaning of subregulation 2.26A (6)) or higher qualification that is, unless the appointment is exceptional, relevant to the appointment; or
[15] Schedule 2, before clause 121.211
insert
121.211A For an applicant who has been nominated by an employer for an appointment in the business of that employer and who is taken, under regulation 2.08C, to have applied for an Employer Nomination (Migrant) (Class AN) visa:
(a) if the applicant applied for an Independent (Migrant) (Class AT) visa, the applicant:
(i) had not turned 45 at the time of the application for an Independent (Migrant) (Class AT) visa; and
(ii) has functional English; and
(iii) has a diploma (within the meaning of subregulation 2.26 (5)) or higher qualification that is, unless the appointment is exceptional, relevant to the appointment; and
(b) if the applicant applied for a Skilled — Independent (Migrant) (Class BN) visa, the applicant:
(i) had not turned 45 at the time of the application for a Skilled — Independent (Migrant) (Class BN) visa; and
(ii) has vocational English; and
(iii) has a diploma (within the meaning of subregulation 2.26A (6)) or higher qualification that is, unless the appointment is exceptional, relevant to the appointment; and
(c) if the applicant applied for a Skilled — Australian‑sponsored (Migrant) (Class BQ) visa, the applicant:
(i) had not turned 45 at the time of the application for a Skilled — Australian‑sponsored (Migrant) (Class BQ) visa; and
(ii) has vocational English; and
(iii) has a diploma (within the meaning of subregulation 2.26A (6)) or higher qualification that is, unless the appointment is exceptional, relevant to the appointment; and
(d) if the applicant applied for a Skill Matching (Migrant) (Class BR) visa, the applicant:
(i) had not turned 45 at the time of the application for a Skill Matching (Migrant) (Class BR) visa; and
(ii) has functional English; and
(iii) has a diploma (within the meaning of subregulation 2.26A (6)) or higher qualification that is, unless the appointment is exceptional, relevant to the appointment.
[16] Schedule 2, clause 121.211
omit
Each of the following is satisfied:
insert
If clause 121.211A does not apply, each of the following is satisfied:
Schedule 4 Amendments relating to visa applications by holders of Skilled — Independent Regional (Provisional) (Class UX) visas
(regulation 3)
[1] Schedule 1, paragraph 1114A (3) (ba)
substitute
(ba) If the applicant:
(i) is the holder of a Skilled — Independent Regional (Provisional) (Class UX) visa; and
(ii) seeks to satisfy the primary criteria for the grant of a Subclass 856 (Employer Nomination Scheme) or a Subclass 857 (Regional Sponsored Migration Scheme) visa;
the applicant has held 1 or more Skilled — Independent Regional (Provisional) (Class UX) visas for a total of at least 2 years.
[2] Schedule 1, after paragraph 1128AA (3) (d)
insert
(e) If the applicant:
(i) is the holder of a Skilled — Independent Regional (Provisional) (Class UX) visa; and
(ii) seeks to satisfy the primary criteria for the grant of a Subclass 134 (Skill Matching) visa;
the applicant has held 1 or more Skilled — Independent Regional (Provisional) (Class UX) visas for a total of at least 2 years.
[3] Schedule 1, paragraph 1128C (3) (d)
substitute
(d) If the applicant:
(i) is the holder of a Skilled — Independent Regional (Provisional) (Class UX) visa; and
(ii) seeks to satisfy the primary criteria for the grant of a Subclass 136 (Skilled — Independent) or a Subclass 137 (Skilled — State/Territory‑nominated Independent) visa;
the applicant has held 1 or more Skilled — Independent Regional (Provisional) (Class UX) visas for a total of at least 2 years.
[4] Schedule 2, after clause 134.222C
insert
134.222D If:
(a) the applicant is the holder of a Skilled — Independent Regional (Provisional) (Class UX) visa; or
(b) the last substantive visa held by the applicant since last entering Australia was a Skilled — Independent Regional (Provisional) (Class UX) visa;
the applicant must have lived for at least 2 years in total, as the holder of 1 or more:
(c) Skilled — Independent Regional (Provisional) (Class UX) visas; and
(d) Bridging A (Class WA) visas, or Bridging B (Class WB) visas, granted because the applicant made a valid application for a Skilled — Independent Regional (Provisional) (Class UX) visa;
in a part of Australia that, at the time when a visa mentioned in paragraph (c) or a bridging visa mentioned in paragraph (d) was granted, was specified in an instrument in writing for item 6A1001 of Schedule 6A.
134.222E If:
(a) the applicant is the holder of a Skilled — Independent Regional (Provisional) (Class UX) visa; or
(b) the last substantive visa held by the applicant since last entering Australia was a Skilled — Independent Regional (Provisional) (Class UX) visa;
the applicant must have worked full time for at least 12 months in total, as the holder of 1 or more:
(c) Skilled — Independent Regional (Provisional) (Class UX) visas; and
(d) Bridging A (Class WA) visas, or Bridging B (Class WB) visas, granted because the applicant made a valid application for a Skilled — Independent Regional (Provisional) (Class UX) visa;
in a part of Australia that, at the time when a visa mentioned in paragraph (c) or a bridging visa mentioned in paragraph (d) was granted, was specified in an instrument in writing for item 6A1001 of Schedule 6A.
134.222F If:
(a) the applicant is the holder of a Skilled — Independent Regional (Provisional) (Class UX) visa; or
(b) the last substantive visa held by the applicant since last entering Australia was a Skilled — Independent Regional (Provisional) (Class UX) visa;
the applicant has complied with the conditions of that visa.
[5] Schedule 2, clause 137.212
omit
[6] Schedule 2, clause 137.215
substitute
137.215 If:
(a) the applicant is the holder of a Skilled — Independent Regional (Provisional) (Class UX) visa; or
(b) the last substantive visa held by the applicant since last entering Australia was a Skilled — Independent Regional (Provisional) (Class UX) visa;
the applicant must have lived for at least 2 years in total, as the holder of 1 or more:
(c) Skilled — Independent Regional (Provisional) (Class UX) visas; and
(d) Bridging A (Class WA) visas, or Bridging B (Class WB) visas, granted because the applicant made a valid application for a Skilled — Independent Regional (Provisional) (Class UX) visa;
in a part of Australia that, at the time when a visa mentioned in paragraph (c) or a bridging visa mentioned in paragraph (d) was granted, was specified in an instrument in writing for item 6A1001 of Schedule 6A.
137.215A If:
(a) the applicant is the holder of a Skilled — Independent Regional (Provisional) (Class UX) visa; or
(b) the last substantive visa held by the applicant since last entering Australia was a Skilled — Independent Regional (Provisional) (Class UX) visa;
the applicant must have worked full time for at least 12 months in total, as the holder of 1 or more:
(c) Skilled — Independent Regional (Provisional) (Class UX) visas; and
(d) Bridging A (Class WA) visas, or Bridging B (Class WB) visas, granted because the applicant made a valid application for a Skilled — Independent Regional (Provisional) (Class UX) visa;
in a part of Australia that, at the time when a visa mentioned in paragraph (c) or a bridging visa mentioned in paragraph (d) was granted, was specified in an instrument in writing for item 6A1001 of Schedule 6A.
[7] Schedule 2, clause 495.210
omit
clauses 495.213 and 495.214, paragraph 495.215 (c) and clause 495.219A
insert
clauses 495.213, 495.214 and 495.219A
[8] Schedule 2, paragraph 495.311 (b)
substitute
(b) is a member of the family unit of a person who is the holder of a Skilled — Independent Regional (Provisional) (Class UX) visa on the basis of satisfying the primary criteria for the grant of that visa.
[9] Schedule 2, clause 857.215
substitute
857.215 If:
(a) the applicant is the holder of a Skilled — Independent Regional (Provisional) (Class UX) visa; or
(b) the last substantive visa held by the applicant since last entering Australia was a Skilled — Independent Regional (Provisional) (Class UX) visa;
the applicant must have lived for at least 2 years in total, as the holder of 1 or more:
(c) Skilled — Independent Regional (Provisional) (Class UX) visas; and
(d) Bridging A (Class WA) visas, or Bridging B (Class WB) visas, granted because the applicant made a valid application for a Skilled — Independent Regional (Provisional) (Class UX) visa;
in a part of Australia that, at the time when a visa mentioned in paragraph (c) or a bridging visa mentioned in paragraph (d) was granted, was specified in an instrument in writing for item 6A1001 of Schedule 6A.
857.215A If:
(a) the applicant is the holder of a Skilled — Independent Regional (Provisional) (Class UX) visa; or
(b) the last substantive visa held by the applicant since last entering Australia was a Skilled — Independent Regional (Provisional) (Class UX) visa;
the applicant must have worked full time for at least 12 months in total, as the holder of 1 or more:
(c) Skilled — Independent Regional (Provisional) (Class UX) visas; and
(d) Bridging A (Class WA) visas, or Bridging B (Class WB) visas, granted because the applicant made a valid application for a Skilled — Independent Regional (Provisional) (Class UX) visa;
in a part of Australia that, at the time when a visa mentioned in paragraph (c) or a bridging visa mentioned in paragraph (d) was granted, was specified in an instrument in writing for item 6A1001 of Schedule 6A.
[10] Schedule 2, clause 892.216
substitute
892.216 If:
(a) the applicant is the holder of a Skilled — Independent Regional (Provisional) (Class UX) visa; or
(b) the last substantive visa held by the applicant since last entering Australia was a Skilled — Independent Regional (Provisional) (Class UX) visa;
the applicant must have lived for at least 2 years in total, as the holder of 1 or more:
(c) Skilled — Independent Regional (Provisional) (Class UX) visas; and
(d) Bridging A (Class WA) visas, or Bridging B (Class WB) visas, granted because the applicant made a valid application for a Skilled — Independent Regional (Provisional) (Class UX) visa;
in a part of Australia that, at the time when a visa mentioned in paragraph (c) or a bridging visa mentioned in paragraph (d) was granted, was specified in an instrument in writing for item 6A1001 of Schedule 6A.
892.216A If:
(a) the applicant is the holder of a Skilled — Independent Regional (Provisional) (Class UX) visa; or
(b) the last substantive visa held by the applicant since last entering Australia was a Skilled — Independent Regional (Provisional) (Class UX) visa;
the applicant must have worked full time for at least 12 months in total, as the holder of 1 or more:
(c) Skilled — Independent Regional (Provisional) (Class UX) visas; and
(d) Bridging A (Class WA) visas, or Bridging B (Class WB) visas, granted because the applicant made a valid application for a Skilled — Independent Regional (Provisional) (Class UX) visa;
in a part of Australia that, at the time when a visa mentioned in paragraph (c) or a bridging visa mentioned in paragraph (d) was granted, was specified in an instrument in writing for item 6A1001 of Schedule 6A.
Note
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.
