Commonwealth Consolidated Regulations

MIGRATION REGULATIONS 1994 - REG 1.15P

Offshore COVID - 19 affected visas

  (1)   A Subclass 417 (Working Holiday) visa or a Subclass 462 (Work and Holiday) visa (the covered visa ) is covered by this subregulation if:

  (a)   the covered visa is granted to a person before 20   March 2020; and

  (b)   the covered visa is in effect on 20   March 2020; and

  (c)   between 1   July 2021 and 31   December 2022, the person applies for a Subclass 417 (Working Holiday) visa or a Subclass 462 (Work and Holiday) visa; and

  (d)   the person is outside Australia when the application is made; and

  (e)   if the covered visa is in effect when the application is made--the covered visa did not, when granted, permit the person to travel to, enter or remain in Australia after 31   December 2021; and

  (f)   if the covered visa is not in effect when the application is made:

  (i)   the covered visa ceased to be in effect on or before 31   December 2021; and

  (ii)   the person was outside Australia when the covered visa ceased to be in effect; and

  (iii)   if the covered visa was cancelled--it was cancelled on the ground specified in paragraph   2.43(1)(g).

  (2)   The Minister may, by legislative instrument, specify kinds of Subclass 417 (Working Holiday) visas and Subclass 462 (Work and Holiday) visas for the purposes of the definition of offshore COVID - 19 affected visa in regulation   1.03.

Onshore COVID - 19 affected visas

  (2A)   A Subclass 417 (Working Holiday) visa or a Subclass 462 (Work and Holiday) visa (the covered visa ) is covered by this subregulation if:

  (a)   the covered visa is granted to a person before 20   March 2020; and

  (b)   on 20   March 2020, either:

  (i)   the covered visa is in effect; or

  (ii)   the person does not hold a substantive visa and the covered visa is the last substantive visa held by the person; and

  (c)   the person is in Australia on 20   March 2020; and

  (d)   between 5   March 2022 and 31   December 2022, the person applies for a Subclass 417 (Working Holiday) visa or a Subclass 462 (Work and Holiday) visa; and

  (e)   the person is in Australia when the application is made; and

  (f)   if the covered visa is cancelled before the application is made--it was cancelled on the ground specified in paragraph   2.43(1)(g).

  (2B)   The Minister may, by legislative instrument, specify kinds of Subclass 417 (Working Holiday) visas and Subclass 462 (Work and Holiday) visas for the purposes of the definition of onshore COVID - 19 affected visa in regulation   1.03.

Instruments under this regulation

  (3)   Without limiting subregulation (2) or (2B), legislative instruments under those subregulations may specify a kind of Subclass 417 (Working Holiday) visa or Subclass 462 (Work and Holiday) visa by reference to circumstances relating to a person who holds or held the visa.