Commonwealth Consolidated Regulations

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MIGRATION REGULATIONS 1994 - REG 2.12C

Amount of visa application charge

             (1)  For subsection 45B(1) of the Act, the visa application charge (if any) in relation to an application for a visa of a class to which an item of Schedule 1 relates is the sum of:

                     (a)  the first instalment (which is payable when the application is made), consisting of the following components:

                              (i)  the base application charge or the additional applicant charge;

                             (ii)  any subsequent temporary application charge;

                            (iii)  any non-Internet application charge; and

                     (b)  the second instalment (which is payable before the grant of the visa).

Note 1:       The first instalment may include one or more of the components explained in this regulation.

Note 2:       See regulation 5.36 in relation to the countries and currencies in which payment of an instalment of the visa application charge may be made.

             (2)  For the first instalment of visa application charge, the components mentioned in paragraph (1)(a) that are applicable to a particular application for a visa are worked out as follows:

                     (a)  unless paragraph (b), (c) or (d) applies, the components are:

                              (i)  the base application charge; and

                             (ii)  the subsequent temporary application charge (if any); and

                            (iii)  the non-Internet application charge (if any);

                     (b)  if:

                              (i)  the base application charge for the application is nil; or

                             (ii)  the base application charge for another application, with which the application is combined in a way permitted by Schedule 1, or is sought to be combined in a way permitted by regulation 2.08A or 2.08B, is nil;

                            no other components are applicable;

                     (c)  if:

                              (i)  the application is combined with another application in a way permitted by Schedule 1, or is sought to be combined with another application in a way permitted by regulation 2.08A or 2.08B; and

                             (ii)  the first instalment (if any) of visa application charge (including the base application charge) has been paid for the other application;

                            the components are the additional applicant charge (if any) and the subsequent temporary application charge (if any);

                     (d)  if the application is combined with another application in a way permitted by regulation 2.08, 2.08AA or 2.08AAA, no components are applicable.

Base application charge

             (3)  For the first instalment of visa application charge, base application charge is payable by an applicant for a visa if the additional applicant charge is not payable in relation to the application.

Note 1:       Base application charge and additional applicant charge are alternatives. An applicant does not pay both components for the one application.

Note 2:       The amount of base application charge varies according to the visa involved, and is set out in the item of Schedule 1 that applies to the visa.

Additional applicant charge

             (4)  For the first instalment of visa application charge:

                     (a)  if the application is combined with another application in a way permitted by Schedule 1 , additional applicant charge is payable by an applicant for a visa; and

                     (b)  if an application is sought to be combined with another application in a way permitted by regulation 2.08A or 2.08B, additional applicant charge is payable by the applicant whose application is being sought to be combined with the other application.

Note 1:       Base application charge and additional applicant charge are alternatives. An applicant does not pay both components for the one application.

Note 2:       The amount of additional applicant charge varies according to the visa involved. The amount is set out in:

(a)    the item of Schedule 1 that applies to the visa, including Schedule 1 as it applies in relation to a particular class of visa ; or

(b)    subregulation (4A).

Note 3:       For paragraph (b), additional applicant charge must be paid before a person is taken, under regulation 2.08A or 2.08B , to have applied for a visa.

          (4A)  If the applications referred to in paragraph (4)(b) relate to a visa of a class specified by the Minister in an instrument in writing for this subregulation, the amount of additional applicant charge is the amount specified in the instrument.

Subsequent temporary application charge

             (5)  Subsequent temporary application charge is payable by an applicant for a visa if:

                     (a)  the visa is specified by the Minister in an instrument in writing for this paragraph; and

                     (b)  the applicant is in Australia at the time of application; and

                     (c)  the applicant holds, or the last substantive visa held by the applicant was, a visa specified by the Minister in an instrument in writing for this paragraph (the previous visa ); and

                     (d)  the applicant was in Australia at the time of application for the previous visa; and

                     (e)  the previous visa was not granted:

                              (i)  as the result of an application that was taken, under regulation 2.08, to have been made; or

                             (ii)  as the result of an application that was taken to have been made by operation of law; or

                            (iii)  by the Minister exercising his or her power under section 195A, 345, 351, 417 or 501J of the Act ; or

                            (iv)  without the applicant making an application (unless the application is taken to be made in a way permitted by regulation 2.08B) .

             (6)  The amount of subsequent temporary application charge is $700.

Non-Internet application charge

             (7)  Non-Internet application charge is payable by an applicant for a visa if:

                     (a)  the visa is specified by the Minister in an instrument in writing for this paragraph; and

                     (b)  these Regulations provide that the application may be made as an Internet application; and

                     (c)  the application is not made as an Internet application; and

                     (d)  the base application charge is payable in relation to the application.

Note:          The base application charge and the additional applicant charge are alternatives. The non-Internet application charge is payable if the base application charge is payable.

             (8)  However, non-Internet application charge is not payable by an applicant for a visa in a circumstance specified by the Minister in an instrument in writing for this subregulation.

             (9)  The amount of non-Internet application charge is $80.



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