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MIGRATION REGULATIONS 1994 - SCHEDULE 1

Classes of visa

(regulations 2.01 and 2.07)

Note :          This Schedule sets out the specific ways in which a non-citizen applies for a visa of a particular class. An application that is not made as set out in this Schedule is not valid and will not be considered: see the Act, ss 45, 46 and 47.

Part 1 -- Permanent visas

   

1104BA   Business Skills (Permanent) (Class EC)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

 

First instalment

Item

Component

Amount

1

Base application charge

$3 025

2

Additional applicant charge for an applicant who is at least 18

$1 515

3

Additional applicant charge for an applicant who is less than 18

$755

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  second instalment (payable before grant of visa):

 

Second instalment

Item

Applicant

Amount

1

Applicant who:

(a) was at least 18 at the time of application; and

(b) is assessed as not having functional English; and

(c) satisfies the secondary criteria for the grant of a Subclass 888 (Business Innovation and Investment (Permanent)) visa; and

(d) has not paid a second instalment of the visa application charge in relation to an application for a Subclass 188 (Business Innovation and Investment (Provisional)) visa

$4 890

2

Any other applicant

Nil

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  An applicant may be in or outside Australia, but not in immigration clearance.

                     (c)  An applicant seeking to satisfy the primary criteria must be nominated by:

                              (i)  if the applicant is seeking to satisfy the primary criteria for the grant of a Subclass 888 (Business Innovation and Investment (Permanent)) visa in the Business Innovation stream, the Investor stream or the Entrepreneur stream--a State or Territory government agency; or

                             (ii)  if the applicant is seeking to satisfy the primary criteria for the grant of a Subclass 888 (Business Innovation and Investment (Permanent)) visa in the Significant Investor stream--a State or Territory government agency or the CEO of Austrade; or

                            (iii)  if the applicant is seeking to satisfy the primary criteria for the grant of a Subclass 888 (Business Innovation and Investment (Permanent)) visa in the Premium Investor stream--the CEO of Austrade.

                     (d)  An application by a person claiming to be a member of the family unit of a person who is an applicant for a Business Skills (Permanent) (Class EC) visa may be made at the same time as, and combined with, the application by that person.

             (4)  An applicant seeking to satisfy the primary criteria for the grant of a Subclass 888 (Business Innovation and Investment (Permanent)) visa in the Business Innovation stream must meet the requirements in at least one item in the table.

Item

Requirements

1AA

The applicant:

(a) holds a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Business Innovation stream; and

(b) unless the applicant was invited to apply for that visa before 1 July 2021--has held that visa for at least 3 years

1

The applicant holds a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Business Innovation Extension stream

1A

The applicant was the holder of a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Business Innovation stream or the Business Innovation Extension stream and both the following apply:

(a) the visa expired during a concession period;

(b) the application is made no more than 3 months after the end of the concession period

2

The applicant:

(a) holds a Subclass 188 (Business Innovation and Investment (Provisional)) visa (a secondary visa ) granted on the basis that the applicant was the spouse or de facto partner of a person (the primary visa holder ) who held either:

(i) a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Business Innovation stream; or

(ii) a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Business Innovation Extension stream; and

(b) unless the primary visa holder was invited, before 1 July 2021, to apply for the Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Business Innovation stream held by the primary visa holder--has held a secondary visa for at least 3 years

2A

The applicant was the holder of a Subclass 188 (Business Innovation and Investment (Provisional)) visa (the secondary visa ) granted on the basis that the applicant was the spouse or de facto partner of a person who held a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Business Innovation stream or the Business Innovation Extension stream and both the following apply:

(a) the secondary visa expired during a concession period;

(b) the application is made no more than 3 months after the end of the concession period

3

The applicant:

(a) holds a Subclass 444 (Special Category) visa; and

(b) unless that visa was granted before 1 July 2021--has held that visa for at least 3 years

4

The applicant holds a Subclass 457 (Business (Long Stay)) visa granted on the basis that:

(a) the applicant; or

(b) the applicant's spouse or de facto partner (if any); or

(c) the applicant's former spouse or de facto partner;

satisfied the criteria in subclause 457.223(7) or (7A) of Schedule 2 for the grant of the visa

             (5)  An applicant seeking to satisfy the primary criteria for the grant of a Subclass 888 (Business Innovation and Investment (Permanent)) visa in the Investor stream must meet the requirements in at least one item in the table.

Item

Requirements

1

The applicant:

(a) holds a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Investor stream; and

(b) unless the applicant was invited to apply for that visa before 1 July 2021--has held that visa for at least 3 years

2

The applicant:

(a) holds a Subclass 188 (Business Innovation and Investment (Provisional)) visa (the secondary visa ) granted on the basis that the applicant was the spouse or de facto partner of a person (the primary visa holder ) who held a Subclass 188 (Business Innovation and Investment (Provisional)) visa (the primary visa ) in the Investor stream; and

(b) unless the primary visa holder was invited to apply for the primary visa before 1 July 2021--has held the secondary visa for at least 3 years

3

The applicant was the holder of a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Investor stream and both the following apply:

(a) the visa expired during a concession period;

(b) the application is made no more than 3 months after the end of the concession period

4

The applicant was the holder of a Subclass 188 (Business Innovation and Investment (Provisional)) visa (the secondary visa ) granted on the basis that the applicant was the spouse or de facto partner of a person who held a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Investor stream and both the following apply:

(a) the secondary visa expired during a concession period;

(b) the application is made no more than 3 months after the end of the concession period

          (5A)  An applicant seeking to satisfy the primary criteria for the grant of a Subclass 888 (Business Innovation and Investment (Permanent)) visa in the Significant Investor stream must meet the requirements in at least one item in the table.

Item

Requirements

1A

The applicant:

(a) holds a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Significant Investor stream; and

(b) unless the applicant was invited to apply for that visa before 1 July 2021--has held that visa for at least 3 years

1

The applicant holds a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Significant Investor Extension stream

2

All of the following apply:

(a) the applicant holds a Subclass 188 (Business Innovation and Investment (Provisional)) visa (a secondary visa ) granted on the basis that the applicant was the spouse or de facto partner of a person (the primary visa holder ) who held either:

(i) a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Significant Investor stream; or

(ii) a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Significant Investor Extension stream;

(b) either:

(i) the applicant has ceased to be the spouse or de facto partner of the primary visa holder; or

(ii) the primary visa holder has since died;

(c) unless the primary visa holder was invited, before 1 July 2021, to apply for the Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Significant Investor stream held by the primary visa holder--the applicant has held a secondary visa for at least 3 years

3

The applicant was the holder of a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Significant Investor stream or the Significant Investor Extension stream and both the following apply:

(a) the visa expired during a concession period;

(b) the application is made no more than 3 months after the end of the concession period

4

Both of the following apply:

(a) the applicant was the holder of a Subclass 188 (Business Innovation and Investment (Provisional)) visa (the secondary visa) granted on the basis that the applicant was the spouse or de facto partner of a person who held a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Significant Investor stream or the Significant Investor Extension stream and both the following apply:

(i) the secondary visa expired during a concession period;

(ii) the application is made no more than 3 months after the end of the concession period;

(b) either:

(i) the applicant has ceased to be the spouse or de facto partner of that person; or

(ii) that person has since died

          (5B)  An applicant seeking to satisfy the primary criteria for the grant of a Subclass 888 (Business Innovation and Investment (Permanent)) visa in the Premium Investor stream must meet the requirements in at least one item in the table.

Item

Requirements

1

The applicant holds a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Premium Investor stream

2

Both of the following apply:

(a) the applicant holds a Subclass 188 (Business Innovation and Investment (Provisional)) visa granted on the basis that the applicant was the spouse or de facto partner of a person (the primary visa holder ) who held a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Premium Investor stream;

(b) either:

(i) the applicant has ceased to be the spouse or de facto partner of the primary visa holder; or

(ii) that primary visa holder has since died

          (5C)  An applicant seeking to satisfy the primary criteria for the grant of a Subclass 888 (Business Innovation and Investment (Permanent)) visa in the Entrepreneur stream must meet either of the following requirements:

                     (a)  the applicant:

                              (i)  must hold a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Entrepreneur stream; and

                             (ii)  unless the applicant was invited to apply for that visa before 1 July 2021--must have held that visa for at least 3 years;

                     (b)  the applicant must have held a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Entrepreneur stream and both the following apply:

                              (i)  the visa expired during a concession period;

                             (ii)  the application is made no more than 3 months after the end of the concession period.

             (6)  Subclasses:

                            Subclass 888   (Business Innovation and Investment (Permanent))

1104B   Business Skills (Residence) (Class DF)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

                              (i)  for an applicant:

                                        (A)  who is the holder of a Skilled--Independent Regional (Provisional) (Class UX) visa; or

                                        (B)  whose application is combined, or sought to be combined, with an application made by that holder:

 

First instalment

Item

Component

Amount

1

Base application charge

$385

2

Additional applicant charge for an applicant who is at least 18

$195

3

Additional applicant charge for an applicant who is less than 18

$95

 

                             (ii)  for any other applicant:

 

First instalment

Item

Component

Amount

1

Base application charge

$2 570

2

Additional applicant charge for an applicant who is at least 18

$1 285

3

Additional applicant charge for an applicant who is less than 18

$640

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  second instalment (payable before grant of visa):

 

Second instalment

 

Item

Applicant

Amount

1

Applicant who:

(a) was at least 18 at the time of application; and

(b) is assessed as not having functional English; and

$4 890

 

(c) satisfies the secondary criteria for the grant of a visa of a subclass included in Business Skills (Residence) (Class DF); and

(d) is not the holder of a visa of a subclass included in Business Skills (Provisional) (Class UR); and

(e) is not the holder of a Skilled--Independent Regional (Provisional) (Class UX) visa

 

2

Any other applicant

Nil

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  Applicant seeking to satisfy the primary criteria must be in Australia, but not in immigration clearance.

                     (c)  Applicant seeking to satisfy the secondary criteria may be in or outside Australia, but not in immigration clearance.

                     (d)  Applicant seeking to satisfy the primary criteria for the grant of a Subclass 890 (Business Owner) visa must hold a visa of a subclass included in Business Skills (Provisional) (Class UR), granted on the basis that the applicant, or the spouse or de facto partner of the applicant (if any), or the former spouse or former de facto partner of the applicant, satisfied the primary criteria for the grant of the visa.

                     (e)  Applicant seeking to satisfy the primary criteria for the grant of a Subclass 891 (Investor) visa must hold a Subclass 162 (Investor (Provisional)) visa granted on the basis that the applicant satisfied the primary criteria for the grant of the visa.

                      (f)  For an applicant seeking to satisfy the primary criteria for the grant of a Subclass 892 (State/Territory Sponsored Business Owner) visa, applicant must hold a visa of a subclass included in Business Skills (Provisional) (Class UR), granted on the basis that the applicant, or the spouse or de facto partner of the applicant (if any), or the former spouse or former de facto partner of the applicant, satisfied the primary criteria for the grant of the visa.

                     (g)  Applicant seeking to satisfy the primary criteria for the grant of a Subclass 893 (State/Territory Sponsored Investor) visa must hold a Subclass 165 (State/Territory Sponsored Investor (Provisional)) visa granted on the basis that the applicant satisfied the primary criteria for the grant of the visa.

                     (h)  Application by a person claiming to be a member of the family unit of a person who is an applicant for a Business Skills (Residence) (Class DF) visa may be made at the same time and place as, and combined with, the application by that person.

                      (i)  For applicant seeking to satisfy the primary criteria for the grant of a Subclass 892 (State/Territory Sponsored Business Owner) or 893 (State/Territory Sponsored Investor) visa:

                              (i)  applicant must be sponsored by an appropriate regional authority; and

                             (ii)  form 949 must be signed by an officer of the authority who is authorised to sign a sponsorship of that kind.

             (4)  Subclasses:

                    890  (Business Owner)

                    891  (Investor)

                    892  (State/Territory Sponsored Business Owner)

                    893  (State/Territory Sponsored Investor)

1108   Child (Migrant) (Class AH)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

                              (i)  for an applicant:

                                        (A)  who appears to the Minister, on the basis of information contained in the application, to be an orphan relative; or

                                        (B)  whose application is combined, or sought to be combined, with an application made by that person:

 

First instalment

Item

Component

Amount

1

Base application charge

$1 710

2

Additional applicant charge for an applicant who is at least 18

$855

3

Additional applicant charge for an applicant who is less than 18

$430

 

                             (ii)  for any other applicant:

 

First instalment

Item

Component

Amount

1

Base application charge

$2 790

2

Additional applicant charge for an applicant who is at least 18

$1 395

3

Additional applicant charge for an applicant who is less than 18

$700

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

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

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                    (aa)  Applicant must be outside Australia.

                     (b)  Application by a person claiming to be a member of the family unit of a person who is an applicant for a Child (Migrant) (Class AH) visa may be made at the same time and place as, and combined with, the application by that person.

                     (c)  An application is not a valid application if:

                              (i)  the applicant seeks to meet the requirements in subclause 102.211(2) of Schedule 2 by claiming to have been adopted in an overseas country at a particular time; and

                             (ii)  the country is specified by the Minister in a legislative instrument made for the purposes of this paragraph; and

                            (iii)  if a period is specified in the instrument in relation to the country--the time referred to in subparagraph (i) is within that period.

             (4)  Subclasses:

                    101  (Child)

                    102  (Adoption)

                    117  (Orphan Relative)

1108A   Child (Residence) (Class BT)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

                              (i)  for an applicant:

                                        (A)  who appears to the Minister, on the basis of information contained in the application, to be an orphan relative; or

                                        (B)  whose application is combined, or sought to be combined, with an application made by that person:

 

First instalment

 

Item

Component

Amount

1

Base application charge

$1 710

2

Additional applicant charge for an applicant who is at least 18

$855

3

Additional applicant charge for an applicant who is less than 18

$430

 

                            (iii)  for an applicant whose application is:

                                        (A)  supported by a letter of support from a State or Territory government welfare authority; or

                                        (B)  combined, or sought to be combined, with an application made by that person;

                                   the amount is nil; and

                            (iv)  for any other applicant:

 

First instalment

Item

Component

Amount

1

Base application charge

$2 790

2

Additional applicant charge for an applicant who is at least 18

$1 395

3

Additional applicant charge for an applicant who is less than 18

$700

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

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

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  Applicant must be in Australia but not in immigration clearance.

                     (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.

                     (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 has not turned 18 at the time the application is made.

                     (e)  For an application made by a person to whom section 48 of the Act applies:

                              (i)  the applicant:

                                        (A)  has not turned 25; or

                                        (B)  claims to be incapacitated for work due to total or partial loss of bodily or mental functions; and

                             (ii)  if the applicant is not claiming to be an orphan relative of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, the applicant must provide, at the same time and place as making the application, an approved form 40CH that has been completed and signed by an Australian citizen, Australian permanent resident or eligible New Zealand citizen who claims to be the parent of the applicant; and

                            (iii)  if the applicant claims to be incapacitated for work due to total or partial loss of bodily or mental functions, the applicant must provide, at the same time and place as making the application, evidence from a medical practitioner that supports the applicant's claim.

                      (f)  An application is not a valid application if:

                              (i)  the applicant seeks to meet the requirements in subclause 802.213(5) of Schedule 2 by claiming to have been adopted in an overseas country at a particular time; and

                             (ii)  the country is specified by the Minister in a legislative instrument made for the purposes of this paragraph; and

                            (iii)  if a period is specified in the instrument in relation to the country--the time referred to in subparagraph (i) is within that period.

             (4)  Subclasses:

                    802  (Child)

                    837  (Orphan Relative)

             (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.

"medical practitioner " means a person registered as a medical practitioner under a law of a State or Territory providing for the registration of medical practitioners.

1111   Confirmatory (Residence) (Class AK)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

                              (i)  for an applicant covered by subitem (2A):

 

First instalment

 

Item

Component

Amount

1

Base application charge

$325

 

2

Additional applicant charge for an applicant who is at least 18

$165

 

3

Additional applicant charge for an applicant who is less than 18

$80

 

 

                             (ii)  for any other applicant, the amount is nil.

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  second instalment (payable before grant of visa):

 

Second instalment

Item

Applicant

Amount

1

Applicant who is the holder of a Subclass 302 (Emergency (Permanent Visa Applicant)) visa

The second instalment of the visa application charge that applied to that visa, less any payment already made towards that instalment

2

Any other applicant

Nil

          (2A)  This subitem covers the following applicants:

                     (a)  an applicant:

                              (i)  who was granted a Subclass 773 (Border) visa on last arriving in Australia; or

                             (ii)  whose application is combined, or sought to be combined, with an application made by that person;

                     (b)  an applicant whose application is made on the basis that, on 30 June 2016, he or she held any of the following permits granted under the Immigration Act 1980 (Norfolk Island):

                              (i)  a temporary entry permit;

                             (ii)  a general entry permit;

                            (iii)  an unrestricted entry permit (a UEP );

                     (c)  an applicant whose application is made on the basis that:

                              (i)  on 30 June 2016, the applicant did not hold any of the permits mentioned in paragraph (b); and

                             (ii)  at any time before 30 June 2016, the applicant held a UEP; and

                            (iii)  at that time, the applicant was ordinarily resident in Norfolk Island;

                     (d)  an applicant whose application is made on the basis that:

                              (i)  on or before 30 June 2016, the applicant was born outside Norfolk Island (whether in or outside Australia); and

                             (ii)  on 30 June 2016, the applicant did not hold any of the permits mentioned in paragraph (b); and

                            (iii)  on 30 June 2016, a parent of the applicant, other than an adoptive parent of the applicant, was covered by paragraph (b) or (c); and

                            (iv)  on 30 June 2016, the applicant was a dependent child of the parent;

                     (e)  an applicant whose application is made on the basis that clause 808.311 of Schedule 2 is satisfied in relation to an applicant covered by paragraph (b), (c) or (d) of this subitem.

Note:       Paragraph (e) applies to a dependent child of the other applicant born in Australia on or after 1 July 2016. The child's application must be combined with that of the parent.

             (3)  Other, unless paragraph (2A)(b), (c), (d) or (e) covers the applicant:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  Applicant must be in Australia but not in immigration clearance.

                     (c)  Application by a person claiming to be a member of the family unit of a person who is an applicant for a Confirmatory (Residence) (Class AK) visa may be made at the same time and place as, and combined with, the application by that person.

          (3A)  Other, if paragraph (2A)(b), (c), (d) or (e) covers the applicant:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  Applicant may be in or outside Australia, but must not be in immigration clearance.

                     (c)  Application by a person claiming to be a member of the family unit of a person who is an applicant for a Confirmatory (Residence) (Class AK) visa may be made at the same time and place as, and combined with, the application by that person.

                     (d)  Application by a person is not a valid application if:

                              (i)  the visa held by the person that was most recently in effect is, or was, the subject of a notice under the Act proposing cancellation; and

                             (ii)  the person has not been notified of a decision not to proceed with the cancellation; and

                            (iii)  the visa was not the subject of a decision to cancel the visa under the Act.

                     (e)  Application by a person is not a valid application if:

                              (i)  the visa held by the person that was most recently in effect was the subject of a decision to cancel the visa under the Act (whether or not the decision has come into effect); and

                             (ii)  the decision to cancel the visa has not been set aside by the Tribunal.

             (4)  Subclasses:

                    808  (Confirmatory)

1113   Global Talent (Class BX)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

 

First instalment

Item

Component

Amount

1

Base application charge

$4 305

2

Additional applicant charge for an applicant who is at least 18

$2 155

3

Additional applicant charge for an applicant who is less than 18

$1 080

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  second instalment (payable before grant of visa):

 

Second instalment

Item

Applicant

Amount

1

Applicant who:

(a) was at least 18 at the time of application; and

(b) is assessed as not having functional English

$4 890

2

Any other applicant

Nil

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  Applicant may be in or outside Australia, but not in immigration clearance.

                   (ba)  Applicant in Australia must hold:

                              (i)  a substantive visa; or

                             (ii)  a Subclass 010 Bridging A visa; or

                            (iii)  a Subclass 020 Bridging B visa; or

                            (iv)  a Subclass 030 Bridging C visa.

                     (c)  Application by a person claiming to be a member of the family unit of a person who is an applicant for a Global Talent (Class BX) visa may be made at the same time and place as, and combined with, the application by that person.

                     (d)  If the applicant seeks to meet the requirements of subclause 858.212(2) of Schedule 2, application must be accompanied by a completed approved form 1000.

                     (e)  If the applicant seeks to meet the requirements of subclause 858.212(4) of Schedule 2, the Minister must have received advice from:

                              (i)  the Minister responsible for an intelligence or security agency within the meaning of the Australian Security Intelligence Organisation Act 1979 ; or

                             (ii)  the Director-General of Security;

                            that the applicant has provided specialised assistance to the Australian Government in matters of security.

                      (f)  If the applicant seeks to meet the requirements of subclause 858.229(2) of Schedule 2, the applicant must have been endorsed by the Prime Minister's Special Envoy for Global Business and Talent Attraction as being likely to make a significant contribution to the Australian economy if granted a Subclass 858 (Global Talent) visa.

             (4)  Subclasses:

                    858  (Global Talent)

1114B   Employer Nomination (Permanent) (Class EN)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

 

First instalment

Item

Component

Amount

1

Base application charge

$4 240

2

Additional applicant charge for an applicant who is at least 18

$2 120

3

Additional applicant charge for an applicant who is less than 18

$1 060

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  second instalment (payable before grant of visa):

 

Second instalment

Item

Applicant

Amount

1

Applicant:

(a) who was at least 18 at the time of application; and

(b) who is assessed as not having functional English; and

(c) who satisfies the primary criteria for the grant of a Subclass 186 (Employer Nomination Scheme) visa ; and

(d) to whom item 3 does not apply

$9 800

2

Applicant:

(a) who was at least 18 at the time of application; and

(b) who is assessed as not having functional English; and

(c) who satisfies the secondary criteria for the grant of a Subclass 186 (Employer Nomination Scheme) visa; and

(d) to whom item 3 does not apply

$4 890

3

Applicant who is:

(a) nominated as a Minister of Religion by a religious institution; or

(b) a member of the family unit of an applicant referred to in paragraph (a)

Nil

4

Any other applicant

Nil

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  An applicant may be in or outside Australia, but not in immigration clearance.

                     (c)  An applicant in Australia must hold:

                              (i)  a substantive visa; or

                             (ii)  a Subclass 010 (Bridging A) visa; or

                            (iii)  a Subclass 020 (Bridging B) visa; or

                            (iv)  a Subclass 030 (Bridging C) visa.

                     (d)  An applicant seeking to satisfy the primary criteria must declare in the application that the position to which the application relates is a position nominated under regulation 5.19.

                   (da)  An applicant seeking to satisfy the primary criteria must declare in the application (the primary application ) whether or not either:

                              (i)  the applicant; or

                             (ii)  any person who has made a combined application with the applicant;

                            has engaged in conduct, in relation to the primary application or the combined application, that constitutes a contravention of subsection 245AS(1) of the Act.

                     (e)  An application by a person claiming to be a member of the family unit of a person who is an applicant for an Employer Nomination (Permanent) (Class EN) visa may be made at the same time as, and combined with, the application by that person.

             (4)  Subclasses:

                            Subclass 186   (Employer Nomination Scheme)

1114C   Regional Employer Nomination (Permanent) (Class RN)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

 

First instalment

Item

Component

Amount

1

Base application charge

$4 240

2

Additional applicant charge for an applicant who is at least 18

$2 120

3

Additional applicant charge for an applicant who is less than 18

$1 060

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  second instalment (payable before grant of visa):

 

Second instalment

Item

Applicant

Amount

1

Applicant:

(a) who was at least 18 at the time of application; and

(b) who is assessed as not having functional English; and

(c) who satisfies the primary criteria for the grant of a Subclass 187 (Regional Sponsored Migration Scheme) visa ; and

(d) to whom item 3 does not apply

$9 800

2

Applicant:

(a) who was at least 18 at the time of application; and

(b) who is assessed as not having functional English; and

(c) who satisfies the secondary criteria for the grant of a Subclass 187 (Regional Sponsored Migration Scheme) visa; and

(d) to whom item 3 does not apply

$4 890

3

Applicant who is:

(a) nominated as a Minister of Religion by a religious institution; or

(b) a member of the family unit of an applicant referred to in paragraph (a)

Nil

4

Any other applicant

Nil

             (3)  Other:

                    (aa)  Subject to subitem (3A), an application by a person seeking to satisfy the primary criteria in a stream must be made before 16 November 2019.

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  An applicant may be in or outside Australia, but not in immigration clearance.

                     (c)  An applicant in Australia must hold:

                              (i)  a substantive visa; or

                             (ii)  a Subclass 010 (Bridging A) visa; or

                            (iii)  a Subclass 020 (Bridging B) visa; or

                            (iv)  a Subclass 030 (Bridging C) visa.

                     (d)  An applicant seeking to satisfy the primary criteria must declare in the application that the position to which the application relates is a position nominated under regulation 5.19.

                   (da)  An applicant seeking to satisfy the primary criteria must declare in the application (the primary application ) whether or not either:

                              (i)  the applicant; or

                             (ii)  any person who has made a combined application with the applicant;

                            has engaged in conduct, in relation to the primary application or the combined application, that constitutes a contravention of subsection 245AS(1) of the Act.

                     (e)  An application by a person claiming to be a member of the family unit of a person who is an applicant for a Regional Employer Nomination (Permanent) (Class RN) visa may be made at the same time as, and combined with, the application by that person.

          (3A)  Paragraph (3)(aa) does not apply if:

                     (a)  the stream is the Temporary Residence Transition stream; and

                     (b)  the applicant is a transitional 457 worker or transitional 482 worker at the time the application is made.

             (4)  Subclasses:

                            Subclass 187   (Regional Sponsored Migration Scheme)

1118A   Special Eligibility (Class CB)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

                              (i)  for an applicant:

                                        (A)  who is in Australia at the time of application; or

                                        (B)  whose application is combined, or sought to be combined, with an application made by that person:

 

First instalment

Item

Component

Amount

1

Base application charge

$4 145

2

Additional applicant charge for an applicant who is at least 18

$2 075

3

Additional applicant charge for an applicant who is less than 18

$1 035

 

                             (ii)  for an applicant:

                                        (A)  who is outside Australia at the time of application; and

                                        (B)  whose application is combined, or sought to be combined, with an application made by that person:

 

First instalment

Item

Component

Amount

1

Base application charge

$4 145

2

Additional applicant charge for an applicant who is at least 18

$2 075

3

Additional applicant charge for an applicant who is less than 18

$1 035

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  second instalment (payable before grant of visa):

 

Second instalment

Item

Applicant

Amount

1

Applicant:

(a) who was at least 18 at the time of application; and

(b) who is assessed as not having functional English

$4 890

2

Any other applicant

Nil

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                    (aa)  Applicant may be in or outside Australia, but not in immigration clearance.

                     (b)  Application by a person claiming to be a member of the family unit of a person who is an applicant for a Special Eligibility (Class CB) visa may be made at the same time and place as, and combined with, the application by that person.

             (4)  Subclasses:

                    151  (Former Resident)

1123A   Other Family (Migrant) (Class BO)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

                              (i)  for an applicant:

                                        (A)  who appears to the Minister, on the basis of information contained in the application, to be a carer; or

                                        (B)  whose application is combined, or sought to be combined, with an application made by that person:

 

First instalment

Item

Component

Amount

1

Base application charge

$1 880

2

Additional applicant charge for an applicant who is at least 18

$940

3

Additional applicant charge for an applicant who is less than 18

$470

 

                             (ii)  for any other applicant:

 

First instalment

Item

Component

Amount

1

Base application charge

$4 560

2

Additional applicant charge for an applicant who is at least 18

$2 280

3

Additional applicant charge for an applicant who is less than 18

$1 145

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  second instalment (payable before grant of visa):

 

Second instalment

Item

Applicant

Amount

1

Applicant:

(a) who is a carer; and

Nil

 

(b) in relation to whom the Minister has determined that the second instalment of the visa application charge should not be paid because the Minister is satisfied that payment of the instalment has caused, or is likely to cause, severe financial hardship to the applicant or to the person of whom the applicant is a carer

 

2

Any other applicant

$2 065

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                    (aa)  Applicant must be outside Australia.

                     (b)  Application by a person claiming to be a member of the family unit of a person who is an applicant for an Other Family (Migrant) (Class BO) visa may be made at the same time and place as, and combined with, the application by that person.

                     (c)  Application by a person claiming to be a carer must be accompanied by satisfactory evidence that the relevant medical assessment has been sought.

             (4)  Subclasses:

                    114  (Aged Dependent Relative)

                    115  (Remaining Relative)

                    116  (Carer)

1123B   Other Family (Residence) (Class BU)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

                              (i)  for an applicant:

                                        (A)  who appears to the Minister, on the basis of information contained in the application, to be a carer; or

                                        (B)  whose application is combined, or sought to be combined, with an application made by that person:

 

First instalment

Item

Component

Amount

1

Base application charge

$1 880

2

Additional applicant charge for an applicant who is at least 18

$940

3

Additional applicant charge for an applicant who is less than 18

$470

 

                             (ii)  for any other applicant:

 

First instalment

Item

Component

Amount

1

Base application charge

$4 560

2

Additional applicant charge for an applicant who is at least 18

$2 280

3

Additional applicant charge for an applicant who is less than 18

$1 145

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  second instalment (payable before grant of visa):

 

Second instalment

Item

Applicant

Amount

1

Applicant:

(a) who is a carer; and

(b) in relation to whom the Minister has determined that the second instalment of the visa application charge should not be paid because the Minister is satisfied that payment of the instalment has caused, or is likely to cause, severe financial hardship to the applicant or to the person of whom the applicant is a carer

Nil

2

Any other applicant

$2 065

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  Applicant must be in Australia but not in immigration clearance.

                     (c)  Application by a person claiming to be a member of the family unit of a person who is an applicant for an Other Family (Residence) (Class BU) visa may be made at the same time and place as, and combined with, the application by that person.

                     (d)  Application by a person claiming to be a carer must be accompanied by satisfactory evidence that the relevant medical assessment has been sought.

             (4)  Subclasses:

                    835  (Remaining Relative)

                    836  (Carer)

                    838  (Aged Dependent Relative)

1124   Parent (Migrant) (Class AX)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

 

First instalment

Item

Component

Amount

1

Base application charge

$4 560

2

Additional applicant charge for an applicant who is at least 18

$2 280

3

Additional applicant charge for an applicant who is less than 18

$1 145

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  the second instalment (payable before grant of visa) is $2 065.

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                  (aaa)  An applicant who is seeking to satisfy the primary criteria set out in clause 103.214 of Schedule 2 for a Subclass 103 (Parent) visa must:

                              (i)  be in Australia, but not in immigration clearance; and

                             (ii)  meet the requirements of subitem (3A).

                    (aa)  An applicant who is seeking to satisfy the secondary criteria set out in clause 103.313 for a Subclass 103 (Parent) visa on the basis that the applicant is the spouse or de facto partner of an applicant mentioned in paragraph (aaa) must:

                              (i)  be in Australia, but not in immigration clearance; and

                             (ii)  meet the requirements of subitem (3A).

                   (ab)  If the applicant has previously made a valid application for another parent visa:

                              (i)  a decision to grant or to refuse to grant that visa has been made; or

                             (ii)  the application for that visa has been withdrawn.

                    (ac)  The applicant:

                              (i)  does not hold a Subclass 870 (Sponsored Parent (Temporary)) visa; and

                             (ii)  if the applicant held such a visa--has left Australia since that visa ceased to be in effect.

                     (b)  Application by a person claiming to be a member of the family unit of a person who is an applicant for a Parent (Migrant) (Class AX) visa may be made at the same time and place as, and combined with, the application by that person.

          (3A)  An applicant meets the requirements of this subitem if:

                     (a)  on 8 May 2018:

                              (i)  the applicant held a Subclass 405 (Investor Retirement) visa or a Subclass 410 (Retirement) visa; or

                             (ii)  the last substantive visa held by the applicant was such a visa; and

                     (b)  during the period commencing on 8 May 2018 and ending on the day the application for the parent visa is made, the applicant has not held any substantive visa other than a visa mentioned in subparagraph (a)(i).

             (4)  Subclasses:

                    103  (Parent)

1124A   Aged Parent (Residence) (Class BP)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

 

First instalment

Item

Component

Amount

1

Base application charge

$4 560

2

Additional applicant charge for an applicant who is at least 18

$2 280

3

Additional applicant charge for an applicant who is less than 18

$1 145

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  the second instalment (payable before grant of visa) is $2 065.

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  The applicant must be in Australia, but not in immigration clearance.

                   (ba)  If the applicant has previously made a valid application for another parent visa:

                              (i)  a decision to grant or to refuse to grant that visa has been made; or

                             (ii)  the application for that visa has been withdrawn.

                   (bb)  The applicant:

                              (i)  does not hold a Subclass 870 (Sponsored Parent (Temporary)) visa; and

                             (ii)  if the applicant held such a visa--has left Australia since that visa ceased to be in effect.

                     (c)  Application by a person claiming to be a member of the family unit of a person who is an applicant for an Aged Parent (Residence) (Class BP) visa may be made at the same time and place as, and combined with, the application by that person.

             (4)  Subclasses:

                    804  (Aged Parent)

1124B   Partner (Residence) (Class BS)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

                              (i)  for an applicant:

                                        (A)  who is the holder of a Subclass 445 (Dependent Child) visa; or

                                        (B)  whose application is combined, or sought to be combined, with an application made by that person:

                                   the amount is nil; and

                             (ii)  for an applicant:

                                        (A)  who is the holder of a transitional (temporary) visa, granted on the basis that the holder satisfied the criteria for grant of an extended eligibility entry permit under the Migration (1989) Regulations; or

                                        (B)  whose application is combined, or sought to be combined, with an application made by that person:

 

First instalment

Item

Component

Amount

1

Base application charge

$485

2

Additional applicant charge for an applicant who is at least 18

$240

3

Additional applicant charge for an applicant who is less than 18

$125

 

                            (iii)  for an applicant who:

                                        (A)  is not the holder of a substantive visa; and

                                        (B)  entered Australia before 19 December 1989; and

                                        (C)  at the time of entry, was engaged to be married to a person who was an Australian citizen or Australian permanent resident; and

                                        (D)  has subsequently married that person;

                                   or whose application is combined, or sought to be combined, with an application made by that person:

 

First instalment

Item

Component

Amount

1

Base application charge

$1 710

2

Additional applicant charge for an applicant who is at least 18

$855

3

Additional applicant charge for an applicant who is less than 18

$430

 

                            (iv)  for an applicant who:

                                        (A)  is not the holder of a substantive visa; and

                                        (B)  entered Australia on or after 19 December 1989 as the holder of a prospective marriage (code number 300) entry permit granted under the Migration (1989) Regulations, or a Class 300 (prospective marriage) entry permit granted under the Migration (1993) Regulations; and

                                        (C)  ceased to hold a substantive visa after marrying the Australian citizen or Australian permanent resident whom the applicant entered Australia to marry;

                                   or whose application is combined, or sought to be combined, with an application made by that person:

 

First instalment

Item

Component

Amount

1

Base application charge

$1 710

2

Additional applicant charge for an applicant who is at least 18

$855

3

Additional applicant charge for an applicant who is less than 18

$430

 

                             (v)  for an applicant who:

                                        (A)  is the holder of a Prospective Marriage (Temporary) (Class TO) visa; and

                                        (B)  is married to the person who was specified as the applicant's intended spouse in the application for that visa; and

                                        (C)  seeks to remain in Australia permanently on the basis of that marriage;

                                   or whose application is combined, or sought to be combined, with an application made by that person:

 

First instalment

Item

Component

Amount

1

Base application charge

$1 350

2

Additional applicant charge for an applicant who is at least 18

$675

3

Additional applicant charge for an applicant who is less than 18

$335

 

                            (vi)  In the case of an applicant who:

                                        (A)  is not the holder of a substantive visa; and

                                        (B)  entered Australia as the holder of a Prospective Marriage (Temporary) (Class TO) visa; and

                                        (C)  ceased to hold that visa after marrying the Australian citizen, Australian permanent resident or eligible New Zealand citizen whom the applicant entered Australia to marry; and

                                        (D)  seeks to remain in Australia permanently on the basis of that marriage;

                                   or whose application is combined, or sought to be combined, with an application made by that person:

 

First instalment

Item

Component

Amount

1

Base application charge

$1 710

2

Additional applicant charge for an applicant who is at least 18

$855

3

Additional applicant charge for an applicant who is less than 18

$430

 

                           (vii)  for any other applicant:

 

First instalment

Item

Component

Amount

1

Base application charge

$8 085

2

Additional applicant charge for an applicant who is at least 18

$4 045

3

Additional applicant charge for an applicant who is less than 18

$2 025

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

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

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  The applicant must be in Australia, but not in immigration clearance.

                     (c)  Application by a person claiming to be a member of the family unit of a person who is an applicant for a Partner (Residence) (Class BS) visa may be made at the same time and place as, and combined with, the application by that person.

                     (d)  If the applicant holds a Subclass 820 (Partner) visa or a Subclass 309 (Partner (Provisional)) visa at the time of making the application for the Partner (Residence) (Class BS) visa, the applicant must not have had any of the following visas refused in the 21 days immediately before making the application for the Partner (Residence) (Class BS) visa:

                              (i)  a Subclass 100 (Spouse) visa;

                             (ii)  a Subclass 100 (Partner) visa;

                            (iii)  a Subclass 110 (Interdependency) visa;

                            (iv)  a Subclass 309 (Spouse (Provisional)) visa;

                             (v)  a Subclass 309 (Partner (Provisional)) visa;

                            (vi)  a Subclass 310 (Interdependency (Provisional)) visa;

                           (vii)  a Subclass 801 (Spouse) visa;

                          (viii)  a Subclass 801 (Partner) visa;

                            (ix)  a Subclass 814 (Interdependency) visa;

                             (x)  a Subclass 820 (Spouse) visa;

                            (xi)  a Subclass 820 (Partner) visa;

                           (xii)  a Subclass 826 (Interdependency) visa.

                     (e)  Subject to subitem (3A), if the applicant is a person to whom section 48 of the Act applies, the applicant:

                              (i)  must not have been refused any of the following visas since last entering Australia:

                                        (A)  a Subclass 100 (Spouse) visa;

                                        (B)  a Subclass 100 (Partner) visa;

                                        (C)  a Subclass 110 (Interdependency) visa;

                                        (D)  a Subclass 309 (Spouse (Provisional)) visa;

                                         (E)  a Subclass 309 (Partner (Provisional)) visa;

                                         (F)  a Subclass 310 (Interdependency (Provisional)) visa;

                                        (G)  a Subclass 801 (Spouse) visa;

                                        (H)  a Subclass 801 (Partner) visa;

                                          (I)  a Subclass 814 (Interdependency) visa;

                                         (J)  a Subclass 820 (Spouse) visa;

                                        (K)  a Subclass 820 (Partner) visa;

                                         (L)  a Subclass 826 (Interdependency) visa; and

                             (ii)  must provide, at the same time and place as making the application, the approved form specified by the Minister in a legislative instrument made for this subparagraph under subregulation 2.07(5) that has been completed and signed by an Australian citizen, Australian permanent resident or eligible New Zealand citizen who claims to be the spouse or de facto partner of the applicant (the partner ); and

                            (iii)  must provide, at the same time and place as making the application, 2 statutory declarations each of which:

                                        (A)  is made by an Australian citizen, Australian permanent resident or eligible New Zealand citizen who is not the partner; and

                                        (B)  declares that the applicant and the partner are in a married relationship or de facto relationship; and

                                        (C)  was declared no more than 6 weeks before the day on which the application for the Partner (Residence) (Class BS) visa was made.

          (3A)  For paragraph (3)(e):

                     (a)  the applicant is taken to have met the requirements of the paragraph if the applicant:

                              (i)  is a person to whom section 48 of the Act applies; and

                             (ii)  claims to be a dependent child of a person who has met the requirements of paragraph (3)(e); and

                     (b)  if the applicant leaves and re-enters the migration zone while holding a bridging visa, the applicant is taken to have been continuously in the migration zone despite the travel.

             (4)  Subclasses:

                    801  (Partner)

1127AA   Resolution of Status (Class CD)

Note :          Subregulation 2.07AQ(3) sets out other circumstances in which a person is taken to have made a valid application for a Resolution of Status (Class CD) visa.

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:   Nil.

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  Applicant must be in Australia but not in immigration clearance.

                     (c)  The criteria in at least 1 of the items in the table are satisfied.

 

Item

Criterion 1

Criterion 2

Criterion 3

1

Applicant holds:

(a) a Subclass 447 (Secondary Movement Offshore Entry (Temporary)) visa; or

(b) a Subclass 451 (Secondary Movement Relocation (Temporary)) visa; or

(c) a Subclass 695 (Return Pending) visa

Nil

Nil

2

Applicant held, but no longer holds, a visa of a kind mentioned in criterion 1 of item 1, or a Subclass 785 (Temporary Protection) visa granted before 9 August 2008, and the visa was not cancelled

Applicant:

(a) has not left Australia; or

(b) while holding a visa that permits re-entry to Australia, has left and re-entered Australia

Applicant does not hold a permanent visa

3

Applicant is a member of the same family unit as a person who:

(a) has made a valid application for a Resolution of Status (Class CD) visa as a result of satisfying the criteria in item 1 or 2; or

(b) is taken to have made a valid application for a Resolution of Status (Class CD) visa as a result of satisfying the criteria in item 1 or 2 of the table in subregulation 2.07AQ (3).

Applicant:

(a) was in Australia on 9 August 2008 and was a member of the same family unit on that date; or

(b) was born on or after 9 August 2008

Nil

Note:          For member of the same family unit , see subsection 5(1) of the Act.

             (4)  Subclasses:

                    851  (Resolution of Status)

1128   Return (Residence) (Class BB)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  the base application charge (payable at the time the application is made) is $425; and

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

Note:          Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                   Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  The applicant may be in or outside Australia, but not in immigration clearance.

                     (c)  Applicant must not hold a Transitional (Permanent) visa that is taken to have been granted under regulation 9 of the Migration Reform (Transitional Provisions) Regulations.

                     (d)  Application by a person is not a valid application if:

                              (i)  the most recent permanent visa held by the person is, or was, the subject of a notice, under subsection 135(1) of the Act, proposing cancellation; and

                             (ii)  the person has not been notified of a decision not to proceed with the cancellation; and

                            (iii)  the visa was not the subject of a decision to cancel the visa under section 134 of the Act.

                     (e)  Application by a person is not a valid application if:

                              (i)  the most recent permanent visa held by the person was the subject of a decision to cancel the visa under section 134 of the Act (whether or not the decision has come into effect); and

                             (ii)  the decision to cancel the visa has not been set aside by the Tribunal.

             (4)  Subclasses:

                    155  (Five Year Resident Return)

                    157  (Three Month Resident Return)

1129   Partner (Migrant) (Class BC)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

                              (i)  for an applicant:

                                        (A)  who is the holder of a Subclass 445 (Dependent Child) visa; or

                                        (B)  whose application is combined, or sought to be combined, with an application made by that person;

                                   the amount is nil; and

                             (ii)  for any other applicant:

 

First instalment

Item

Component

Amount

1

Base application charge

$8 085

2

Additional applicant charge for an applicant who is at least 18

$4 045

3

Additional applicant charge for an applicant who is less than 18

$2 025

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

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

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (c)  Applicant other than an applicant who is the holder of:

                              (i)  a Subclass 445 (Dependent Child) visa; or

                             (ii)  a Subclass 309 (Spouse (Provisional)) visa, a Subclass 309 (Partner (Provisional)) visa or a Subclass 310 (Interdependency (Provisional)) visa, which the Minister has decided, under section 345, 351, 417 or 501J of the Act, to grant;

                            must be outside Australia.

                     (d)  Applicant who is the holder of:

                              (i)  a Subclass 445 (Dependent Child) visa; or

                             (ii)  a Subclass 309 (Spouse (Provisional)) visa, a Subclass 309 (Partner (Provisional)) visa or a Subclass 310 (Interdependency (Provisional)) visa, which the Minister has decided, under section 345, 351, 417 or 501J of the Act, to grant;

                            may be in or outside Australia, but not in immigration clearance.

                     (e)  Application by a person claiming to be a member of the family unit of a person who is an applicant for a Partner (Migrant) (Class BC) visa may be made at the same time and place as, and combined with, the application by that person.

             (4)  Subclasses:

                    100  (Partner)

1130   Contributory Parent (Migrant) (Class CA)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

                              (i)  for an applicant:

                                        (A)  who is the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application; or

                                        (B)  whose application is combined, or sought to be combined, with an application made by that person:

 

First instalment

Item

Component

Amount

1

Base application charge

$385

2

Additional applicant charge for an applicant who is at least 18

$195

3

Additional applicant charge for an applicant who is less than 18

$95

 

                             (ii)  for an applicant who:

                                        (A)  has been the holder of a Subclass 173 (Contributory Parent (Temporary)) visa; and

                                        (B)  is the holder of a substituted Subclass 600 visa at the time of application;

                                   or whose application is combined, or sought to be combined, with an application made by that person:

 

First instalment

Item

Component

Amount

1

Base application charge

$385

2

Additional applicant charge for an applicant who is at least 18

$195

3

Additional applicant charge for an applicant who is less than 18

$95

 

                            (iii)  for an applicant:

                                        (A)  who has held a Subclass 173 (Contributory Parent (Temporary)) visa at any time in the 28 days immediately before making the application; or

                                        (B)  whose application is combined, or sought to be combined, with an application made by that person:

 

First instalment

Item

Component

Amount

1

Base application charge

$385

2

Additional applicant charge for an applicant who is at least 18

$195

3

Additional applicant charge for an applicant who is less than 18

$95

 

                            (iv)  for an applicant who:

                                        (A)  has been the holder of a Subclass 173 (Contributory Parent (Temporary)) visa; and

                                        (B)  provides the Minister with evidence that compassionate and compelling circumstances exist for the person to be considered to be the holder of a Subclass 173 (Contributory Parent (Temporary)) visa for the purpose of the application;

                                   or whose application is combined, or sought to be combined, with an application made by that person:

 

First instalment

Item

Component

Amount

1

Base application charge

$2 790

2

Additional applicant charge for an applicant who is at least 18

$1 395

3

Additional applicant charge for an applicant who is less than 18

$700

 

                             (v)  for an applicant who:

                                        (A)  made a valid application for a Parent (Migrant) (Class AX) visa before 27 June 2003; and

                                        (B)  withdrew that application at the same time as making the application for the Contributory Parent (Migrant) (Class CA) visa;

                                   or whose application is combined, or sought to be combined, with an application made by that person, the amount is nil; and

                            (vi)  for any other applicant:

 

First instalment

Item

Component

Amount

1

Base application charge

$4 355

2

Additional applicant charge for an applicant who is at least 18

$1 465

3

Additional applicant charge for an applicant who is less than 18

$735

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  second instalment (payable before grant of visa):

 

Second instalment

Item

Applicant

Amount

1

Applicant who was the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application

$19 420

2

Applicant who:

(a) held a Subclass 173 (Contributory Parent (Temporary)) visa; and

(b) was the holder of a substituted Subclass 600 visa at the time of application; and

(c) is not described in item 3

$19 420

3

Applicant who:

(a) held a Subclass 173 (Contributory Parent (Temporary)) visa; and

(b) was, at the time of application, the holder of a substituted Subclass 600 visa or the child or step-child of an applicant mentioned in item 2; and

Nil

 

(c) is the child or step-child of an applicant for a Contributory Parent (Migrant) (Class CA) visa, and was less than 18 at the time of application for a Contributory Parent (Temporary) (Class UT) visa

 

4

Applicant who:

(a) was the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application; and

(b) is the child or step-child of an applicant for a Contributory Parent (Migrant) (Class CA) visa; and

(c) was less than 18 at the time of application for a Contributory Parent (Temporary) (Class UT) visa

Nil

5

Applicant who has held a Subclass 173 (Contributory Parent (Temporary)) visa at any time in the 28 days immediately before making the application

$19 420

6

Applicant:

(a) who has held a Subclass 173 (Contributory Parent (Temporary)) visa; and

(b) in relation to whom the Minister is satisfied that compassionate and compelling circumstances exist for the person to be considered to be the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application

$17 575

7

An applicant who:

(a) is a dependent child of an applicant for a Contributory Parent (Migrant) (Class CA) visa; and

(b) was less than 18 at the time of application

$2 095

8

Any other applicant

$43 600

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  An applicant who is seeking to satisfy the primary criteria set out in clause 143.214 of Schedule 2 for a Subclass 143 (Contributory Parent) visa must:

                              (i)  be in Australia, but not in immigration clearance; and

                             (ii)  meet the requirements of subitem (3A).

                   (ba)  An applicant who is seeking to satisfy the secondary criteria set out in clause 143.313 for a Subclass 143 (Contributory Parent) visa on the basis that the applicant is the spouse or de facto partner of an applicant mentioned in paragraph (b) must:

                              (i)  be in Australia, but not in immigration clearance; and

                             (ii)  meet the requirements of subitem (3A).

                   (bb)  The applicant:

                              (i)  does not hold a Subclass 870 (Sponsored Parent (Temporary)) visa; and

                             (ii)  if the applicant held such a visa--has left Australia since that visa ceased to be in effect.

                     (c)  If the applicant (the relevant applicant ) makes his or her application on the basis of claiming to be a member of the family unit of a person who is an applicant for a Contributory Parent (Migrant) (Class CA) visa (the other applicant ), the relevant applicant's application may be made at the same time and place as, and combined with, the application made by the other applicant.

                     (d)  If the applicant has previously made a valid application for another parent visa:

                              (i)  a decision to grant or refuse to grant that visa has been made; or

                             (ii)  the application for that visa has been withdrawn.

          (3A)  An applicant meets the requirements of this subitem if:

                     (a)  on 8 May 2018:

                              (i)  the applicant held a Subclass 405 (Investor Retirement) visa or a Subclass 410 (Retirement) visa; or

                             (ii)  the last substantive visa held by the applicant was such a visa; and

                     (b)  during the period commencing on 8 May 2018 and ending on the day the application for the parent visa is made, the applicant has not held any substantive visa other than a visa mentioned in subparagraph (a)(i).

             (4)  Subclasses:

                    143  (Contributory Parent)

             (5)  In this item, a reference to an applicant who is the holder of a Subclass 173 (Contributory Parent (Temporary)) visa, means a person who, as the case may be:

                     (a)  currently holds a Subclass 173 (Contributory Parent (Temporary)) visa; or

                     (b)  has held a Subclass 173 (Contributory Parent (Temporary)) visa at any time in the 28 days immediately before making the application; or

                     (c)  has held a Subclass 173 (Contributory Parent (Temporary)) visa, and who provides the Minister with evidence that compassionate and compelling circumstances exist for the person to be considered to be the holder of a Subclass 173 (Contributory Parent (Temporary)) visa for the purpose of the application.

1130A   Contributory Aged Parent (Residence) (Class DG)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

                              (i)  for an applicant who:

                                        (A)  made a valid application for an Aged Parent (Residence) (Class BP) visa before 1 July 2003; and

                                        (B)  withdrew that application at the same time as making the application for the Contributory Aged Parent (Residence) (Class DG) visa;

                                   or whose application is combined, or sought to be combined, with an application made by that person, the amount is nil; and

                             (ii)  for an applicant:

                                        (A)  who is the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of application; or

                                        (B)  whose application is combined, or sought to be combined, with an application made by that person:

 

First instalment

Item

Component

Amount

1

Base application charge

$385

2

Additional applicant charge for an applicant who is at least 18

$195

3

Additional applicant charge for an applicant who is less than 18

$95

 

                            (iii)  for an applicant who:

                                        (A)  held a Subclass 884 (Contributory Aged Parent (Temporary)) visa; and

                                        (B)  is the holder of a substituted Subclass 600 visa at the time of application;

                                   or whose application is combined, or sought to be combined, with an application made by that person:

 

First instalment

Item

Component

Amount

1

Base application charge

$385

2

Additional applicant charge for an applicant who is at least 18

$195

3

Additional applicant charge for an applicant who is less than 18

$95

 

                            (iv)  for an applicant:

                                        (A)  who has held a Subclass 884 (Contributory Aged Parent (Temporary)) visa at any time in the 28 days immediately before making the application; or

                                        (B)  whose application is combined, or sought to be combined, with an application made by that person:

 

First instalment

Item

Component

Amount

1

Base application charge

$385

2

Additional applicant charge for an applicant who is at least 18

$195

3

Additional applicant charge for an applicant who is less than 18

$95

 

                             (v)  for an applicant who:

                                        (A)  held a Subclass 884 (Contributory Aged Parent (Temporary)) visa, and

                                        (B)  provides the Minister with evidence that compassionate and compelling circumstances exist for the person to be considered to be the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa for the purpose of the application;

                                   or whose application is combined, or sought to be combined, with an application made by that person:

 

First instalment

Item

Component

Amount

1

Base application charge

$4 355

2

Additional applicant charge for an applicant who is at least 18

$2 175

3

Additional applicant charge for an applicant who is less than 18

$1 090

 

                            (vi)  for any other applicant:

 

First instalment

Item

Component

Amount

1

Base application charge

$4 355

2

Additional applicant charge for an applicant who is at least 18

$2 175

3

Additional applicant charge for an applicant who is less than 18

$1 090

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  second instalment (payable before grant of visa):

 

Second instalment

Item

Applicant

Amount

1

Applicant who was the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of application

$19 420

2

Applicant who:

(a) held a Subclass 884 (Contributory Aged Parent (Temporary)) visa; and

(b) was the holder of a substituted Subclass 600 visa at the time of application; and

(c) is not described in item 3

$19 420

3

Applicant who:

(a) held a Subclass 884 (Contributory Aged Parent (Temporary)) visa; and

(b) was, at the time of application, the holder of a substituted Subclass 600 visa or the child or step-child of an applicant mentioned in item 2; and

(c) is the child or step-child of an applicant for a Contributory Parent (Migrant) (Class CA) visa, and was less than 18 at the time of application for a Contributory Aged Parent (Temporary) (Class UU) visa

Nil

4

Applicant who:

(a) was the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of application; and

(b) is the child or step-child of an applicant for a Contributory Aged Parent (Residence) (Class DG) visa ; and

(c) was less than 18 at the time of application for a Contributory Aged Parent (Temporary) (Class UU) visa

Nil

5

Applicant who has held a Subclass 884 (Contributory Aged Parent (Temporary)) visa at any time in the 28 days immediately before making the application

$19 420

6

Applicant:

(a) who has held a Subclass 884 (Contributory Aged Parent (Temporary)) visa; and

(b) in relation to whom the Minister is satisfied that compassionate and compelling circumstances exist for the person to be considered to be the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of application

$16 545

7

An applicant who:

(a) is a dependent child of an applicant for a Contributory Aged Parent (Residence) (Class DG) visa; and

(b) was less than 18 at the time of application

$2 095

8

Any other applicant

$43 600

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  Applicant must be in Australia but not in immigration clearance.

                     (c)  If the applicant has previously made a valid application for another parent visa:

                              (i)  a decision to grant or to refuse to grant that visa has been made; or

                             (ii)  the application for that visa has been withdrawn.

                    (ca)  The applicant:

                              (i)  does not hold a Subclass 870 (Sponsored Parent (Temporary)) visa; and

                             (ii)  if the applicant held such a visa--has left Australia since that visa ceased to be in effect.

                     (d)  Application by a person claiming to be a member of the family unit of a person who is an applicant for a Contributory Aged Parent (Residence) (Class DG) visa may be made at the same time and place as, and combined with, the application by that person.

             (4)  Subclasses:

                    864  (Contributory Aged Parent)

             (5)  In this item, a reference to an applicant who is the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa, means a person who, as the case may be:

                     (a)  currently holds a Subclass 884 (Contributory Aged Parent (Temporary)) visa; or

                     (b)  has held a Subclass 884 (Contributory Aged Parent (Temporary)) visa at any time in the 28 days immediately before making the application; or

                     (c)  has held a Subclass 884 (Contributory Aged Parent (Temporary)) visa, and who provides the Minister with evidence that compassionate and compelling circumstances exist for the person to be considered to be the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa for the purpose of the application.

1131   Territorial Asylum (Residence) (Class BE)

             (1)  Form:   Nil.

             (2)  Visa application charge:   Nil.

             (3)  Other:

                     (a)  Application must be made by or on behalf of the applicant in a manner approved by a Minister.

                    (aa)  At the time when the application is made, there is lodged at the office of Immigration at which, or with the officer of Immigration to whom, the application is made, documentation that:

                              (i)  evidences the grant by a Minister to the applicant of territorial asylum in Australia; and

                             (ii)  was issued by or on behalf of the Commonwealth.

                     (b)  Application must be made in Australia.

                     (c)  Applicant must be in Australia but not in immigration clearance.

                     (d)  Application by a person claiming to be a member of the family unit of a person who is an applicant for a Territorial Asylum (Residence) (Class BE) visa may be made at the same time and place as, and combined with, the application by that person.

             (4)  Subclasses:

                    800  (Territorial Asylum)

1133   Referred Stay (Permanent) (Class DH)

             (1)  Form:   Nil.

             (2)  Visa application charge:   Nil.

             (3)  Subclasses:

                    852  (Referred Stay (Permanent))

Note:          See regulation 2.07AK for how an application for a Referred Stay (Permanent) (Class DH) visa is taken to have been validly made.

1136   Skilled (Residence) (Class VB)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

                              (i)  for an applicant:

                                        (A)  who is the holder of a Skilled--Independent Regional (Provisional) (Class UX) visa; or

                                        (B)  who is the holder of a Skilled--Designated Area-sponsored (Provisional) (Class UZ) visa; or

                                        (C)  who is the holder of a Subclass 475 (Skilled--Regional Sponsored) visa; or

                                        (D)  who is the holder of a Subclass 487 (Skilled--Regional Sponsored) visa; or

                                         (E)  who is the holder of a Skilled--Regional Sponsored (Provisional) (Class SP) visa; or

                                         (F)  who is the holder of a Bridging A (Class WA) or Bridging B (Class WB) visa granted on the basis of a valid application for a Skilled--Independent Regional (Provisional) (Class UX) visa; or

                                        (G)  who is the holder of a Bridging A (Class WA) or Bridging B (Class WB) visa granted on the basis of a valid application for a Skilled (Provisional) (Class VC) visa (other than a Subclass 485 (Temporary Graduate) visa); or

                                        (H)  who is the holder of a Bridging A (Class WA) or Bridging B (Class WB) visa granted on the basis of a valid application for a Skilled--Regional Sponsored (Provisional) (Class SP) visa; or

                                          (I)  who was the holder of visa mentioned in any of sub-subparagraphs (A) to (H); or

                                         (J)  whose application is combined, or sought to be combined, with an application made by a person mentioned in any of sub-subparagraphs (A) to (I):

 

First instalment

Item

Component

Amount

1

Base application charge

$435

2

Additional applicant charge for an applicant who is at least 18

$220

3

Additional applicant charge for an applicant who is less than 18

$110

 

                             (ii)  for any other applicant:

 

First instalment

Item

Component

Amount

1

Base application charge

$3 955

2

Additional applicant charge for an applicant who is at least 18

$1 980

3

Additional applicant charge for an applicant who is less than 18

$990

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  second instalment (payable before grant of visa):

 

Second instalment

Item

Applicant

Amount

1

Applicant who:

(a) was at least 18 at the time of application; and

(b) is assessed as not having functional English; and

(c) has not paid a second instalment of visa application charge in relation to the application for the visa, mentioned in paragraph (2)(a), that the applicant holds

$4 890

2

Any other applicant

Nil

             (3)  Other:

                    (aa)  An application by a person seeking to satisfy the primary criteria for the grant of a Subclass 885 (Skilled--Independent) visa or a Subclass 886 (Skilled--Sponsored) visa must be made before 1 January 2013.

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  Applicant:

                              (i)  if the applicant is the holder of a visa mentioned in any of subparagraphs (7)(a)(i) to (vi) and makes the application during a concession period--may be in or outside Australia but not in immigration clearance; or

                             (ii)  if the applicant was the holder of a visa mentioned in any of subparagraphs (7)(a)(i) to (vi) and makes the application during a concession period--must be outside Australia; or

                            (iii)  if the applicant is seeking to satisfy the secondary criteria and claims to be a member of the family unit of an applicant to whom subparagraph (i) or (ii) applies--may be in or outside Australia but not in immigration clearance; or

                            (iv)  otherwise--must be in Australia but not in immigration clearance.

                     (c)  Application by a person claiming to be a member of the family unit of a person who seeks to satisfy the primary criteria may be made at the same time and place as, and combined with, an application by that person.

             (7)  The following requirements must be met:

                     (a)  the applicant:

                              (i)  must be the holder of a Skilled--Independent Regional (Provisional) (Class UX) visa; or

                             (ii)  must be the holder of a Skilled--Designated Area-sponsored (Provisional) (Class UZ) visa; or

                            (iii)  must be the holder of a Subclass 475 (Skilled--Regional Sponsored) visa; or

                            (iv)  must be the holder of a Subclass 487 (Skilled--Regional Sponsored) visa; or

                             (v)  must be the holder of a Skilled--Regional Sponsored (Provisional) (Class SP) visa; or

                            (vi)  must be the holder of a Bridging A (Class WA) or Bridging B (Class WB) visa granted on the basis of a valid application for:

                                        (A)  a Skilled--Independent Regional (Provisional) (Class UX) visa; or

                                        (B)  a Skilled (Provisional) (Class VC) visa (other than a Subclass 485 (Temporary Graduate) visa); or

                                        (C)  a Skilled--Regional Sponsored (Provisional) (Class SP) visa; or

                           (vii)  if the applicant is outside Australia and does not hold a visa mentioned in any of subparagraphs (i) to (vi) of this paragraph--must have:

                                        (A)  held a visa mentioned in one of those subparagraphs that expired during a concession period while the holder was outside Australia; and

                                        (B)  made the application outside Australia during the concession period; or

                          (viii)  must be a child who was born outside Australia and a parent of the child must:

                                        (A)  be the holder of a visa mentioned in any of subparagraphs (i) to (vi) of this paragraph; or

                                        (B)  have held a visa mentioned in any of subparagraphs (i) to (vi) of this paragraph that expired during a concession period;

                     (b)  the applicant seeking to satisfy the primary criteria for the grant of the visa must have been, for a total of at least 2 years before the day on which the application was made, the holder of 1 of the following visas:

                              (i)  a Skilled--Independent Regional (Provisional) (Class UX) visa;

                             (ii)  a Skilled--Designated Area-sponsored (Provisional) (Class UZ) visa;

                            (iii)  a Subclass 475 (Skilled--Regional Sponsored) visa;

                            (iv)  a Subclass 487 (Skilled--Regional Sponsored) visa;

                             (v)  a Skilled--Regional Sponsored (Provisional) (Class SP) visa;

                            that was granted on the basis of satisfying the primary criteria for the grant of that visa, or of being the spouse or de facto partner of the applicant who satisfied the primary criteria for the grant of the visa.

             (8)  Subclass:

                            Subclass 887   (Skilled--Regional)

1137   Skilled--Independent (Permanent) (Class SI)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

Points-tested stream

             (2)  Subitems (3) to (4C) set out the requirements for:

                     (a)  an applicant (a primary Points-tested applicant ) seeking to satisfy the primary criteria for the grant of a Subclass 189 (Skilled--Independent) visa in the Points-tested stream; or

                     (b)  an applicant (a secondary applicant ) seeking to satisfy the secondary criteria for the grant of a Subclass 189 (Skilled--Independent) visa , whose application is:

                              (i)  combined with the application of a primary Points-tested applicant; or

                             (ii)  sought to be combined with such an application before a decision is made in relation to that application.

Note:       A member of the family unit of a primary Points-tested applicant may apply for the grant of a Subclass 189 (Skilled--Independent) visa, seeking to satisfy the secondary criteria. However, the application by the member of the family unit must be made before a decision is made in relation to the application by the primary Points-tested applicant.

             (3)  Visa application charge--first instalment (payable at the time the application is made):

 

First instalment--Visas in the Points-tested stream etc.

Item

Component

Amount

1

Base application charge

$4 240

2

Additional applicant charge for an applicant who is at least 18

$2 120

3

Additional applicant charge for an applicant who is less than 18

$1 060

Note:          Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                   Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

             (4)  Visa application charge--second instalment (payable before grant of visa):

 

Second instalment--Visas in the Points-tested stream etc.

Item

Applicant

Amount

1

Applicant who:

(a) was at least 18 at the time of application; and

(b) is assessed as not having functional English

$4,885

2

Any other applicant

Nil

          (4A)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  An applicant may be in or outside Australia, but not in immigration clearance.

                     (c)  An applicant in Australia must hold:

                              (i)  a substantive visa; or

                             (ii)  a Subclass 010 Bridging A visa; or

                            (iii)  a Subclass 020 Bridging B visa; or

                            (iv)  a Subclass 030 Bridging C visa.

                     (d)  An application by a secondary applicant may be made at the same time, and combined with, an application by a primary Points-tested applicant.

          (4B)  A primary Points-tested applicant must meet the further requirements in the table.

 

Item

Further requirements--Visas in the Points-tested stream

1

The applicant must have been invited, in writing, by the Minister to apply for a Subclass 189 (Skilled--Independent) visa

2

The applicant must apply for that visa within the period stated in the invitation

3

The applicant must not have turned 45 at the time of invitation to apply for the visa

4

The applicant must nominate a skilled occupation:

(a) that is specified by the Minister, in an instrument under subitem (4C), as a skilled occupation at the time of invitation to apply for the visa; and

(b) that is specified in the invitation as the skilled occupation which the applicant may nominate; and

(c) for which the applicant declares in the application that the applicant's skills have been assessed as suitable by the relevant assessing authority and that the assessment is not for a Subclass 485 (Temporary Graduate) visa

5

The applicant must not nominate the New Zealand stream

          (4C)  The Minister may, by legislative instrument, specify skilled occupations for the purposes of item 4 of the table in subitem (4B).

New Zealand stream

          (4D)  Subitems (4E) to (4G) set out the requirements for:

                     (a)  an applicant (a primary NZ applicant ) seeking to satisfy the primary criteria for the grant of a Subclass 189 (Skilled--Independent) visa in the New Zealand stream; or

                     (b)  an applicant (a secondary applicant ) seeking to satisfy the secondary criteria for the grant of a Subclass 189 (Skilled--Independent) visa , whose application is:

                              (i)  combined with the application of a primary NZ applicant; or

                             (ii)  sought to be combined with such an application before a decision is made in relation to that application.

Note:       A member of the family unit of a primary NZ applicant may apply for the grant of a Subclass 189 (Skilled--Independent) visa, seeking to satisfy the secondary criteria. However, the application by the member of the family unit must be made before a decision is made in relation to the application by the primary NZ applicant.

          (4E)  Visa application charge--first instalment (payable at the time the application is made):

 

First instalment--Visas in the New Zealand stream etc.

Item

Component

Amount

1

Base application charge

$850

2

Additional applicant charge for an applicant who is at least 18

$425

3

Additional applicant charge for an applicant who is less than 18

$210

Note:          Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                   Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

           (4F)  Visa application charge--second instalment (payable before grant of visa):

 

Second instalment--Visas in the New Zealand stream etc.

Item

Applicant

Amount

1

Applicant who satisfies the primary criteria

$3 390

2

Applicant who was at least 18 at the time of the application, and satisfies the secondary criteria

$1 695

3

Applicant who was under 18 at the time of the application, and satisfies the secondary criteria

$850

          (4G)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  The applicant must not nominate the Points-tested stream.

                     (c)  A primary NZ applicant must hold a Subclass 444 (Special Category) visa.

                     (d)  A secondary applicant in Australia must hold:

                              (i)  a substantive visa; or

                             (ii)  a Subclass 010 Bridging A visa; or

                            (iii)  a Subclass 020 Bridging B visa; or

                            (iv)  a Subclass 030 Bridging C visa.

                     (e)  An application by a secondary applicant may be made at the same time, and combined with, an application by a primary NZ applicant.

Hong Kong stream

          (4H)  Subitems (4J) to (4M) set out the requirements for:

                     (a)  an applicant (a primary HK applicant ) seeking to satisfy the primary criteria for the grant of a Subclass 189 (Skilled--Independent) visa in the Hong Kong stream; or

                     (b)  an applicant (a secondary applicant ) seeking to satisfy the secondary criteria for the grant of a Subclass 189 (Skilled--Independent) visa , whose application is:

                              (i)  combined with the application of a primary HK applicant; or

                             (ii)  sought to be combined with such an application before a decision is made in relation to that application.

Note:       A member of the family unit of a primary HK applicant may apply for the grant of a Subclass 189 (Skilled--Independent) visa, seeking to satisfy the secondary criteria. However, the application by the member of the family unit must be made before a decision is made in relation to the application by the primary HK applicant.

           (4J)  Visa application charge--first instalment (payable at the time the application is made):

 

First instalment--visas in the Hong Kong stream etc.

Item

Component

Amount

1

Base application charge

$4 240

2

Additional applicant charge for an applicant who is at least 18

$2 115

3

Additional applicant charge for an applicant who is less than 18

$1 060

Note:          Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                   Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

          (4K)  Visa application charge--second instalment (payable before grant of visa):

 

Second instalment--visas in the Hong Kong stream etc.

Item

Applicant

Amount

1

Applicant who:

(a) was at least 18 at the time of application; and

(b) is assessed as not having functional English

$4,885

2

Any other applicant

Nil

          (4L)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for the purposes of this item under subregulation 2.07(5).

                     (b)  An application must be made on or after 5 March 2022.

                     (c)  The applicant may be in or outside Australia, but not in immigration clearance.

                     (d)  The applicant must not nominate the Points-tested stream or the New Zealand stream.

                     (e)  A primary HK applicant:

                              (i)  must hold a Hong Kong passport or a British National (Overseas) passport; and

                             (ii)  must hold a visa to which subitem (4M) applies; and

                            (iii)  must have held that visa for at least 4 years.

                      (f)  An application by a secondary applicant may be made at the same time, and combined with, an application by a primary HK applicant.

         (4M)  For the purposes of subparagraph (4L)(e)(ii), this subitem applies to a visa that:

                     (a)  is:

                              (i)  a Subclass 457 (Temporary Work (Skilled)) visa; or

                             (ii)  a Subclass 482 (Temporary Skill Shortage) visa; or

                            (iii)  a Subclass 485 (Temporary Graduate) visa; and

                     (b)  was granted on the basis that the applicant satisfied the primary criteria for the grant of the visa; and

                     (c)  either:

                              (i)  was granted before 9 July 2020 and does not permit the holder to travel to, enter or remain in Australia after 8 July 2025; or

                             (ii)  was granted on or after 9 July 2020 and permits the holder to travel to, enter and remain in Australia during the period of 5 years starting when the visa came into effect.

Subclasses

             (5)  Subclasses:

                            Subclass 189   (Skilled--Independent)

1138   Skilled--Nominated (Permanent) (Class SN)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

 

First instalment

Item

Component

Amount

1

Base application charge

$4 240

2

Additional applicant charge for an applicant who is at least 18

$2 120

3

Additional applicant charge for an applicant who is less than 18

$1 060

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  second instalment (payable before grant of visa):

 

Second instalment

Item

Applicant

Amount

1

Applicant who:

(a) was at least 18 at the time of application; and

(b) is assessed as not having functional English

$4 885

2

Any other applicant

Nil

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  An applicant may be in or outside Australia, but not in immigration clearance.

                     (c)  An applicant in Australia must hold:

                              (i)  a substantive visa; or

                             (ii)  a Subclass 010 Bridging A visa; or

                            (iii)  a Subclass 020 Bridging B visa; or

                            (iv)  a Subclass 030 Bridging C visa.

                     (d)  An application by a person claiming to be a member of the family unit of a person who is an applicant for a Skilled--Nominated (Permanent) (Class SN) visa may be made at the same time as, and combined with, the application by that person.

             (4)  An applicant seeking to satisfy the primary criteria must meet the requirements in the table.

 

Item

Requirements

1

The applicant must have been invited, in writing, by the Minister to apply for a Subclass 190 (Skilled--Nominated) visa

2

The applicant must apply for that visa within the period stated in the invitation

3

The applicant must not have turned 45 at the time of invitation to apply for the visa

4

The applicant must nominate a skilled occupation:

(a) that is specified by the Minister in an instrument in writing for this item as a skilled occupation at the time of invitation to apply for the visa; and

(b) that is specified in the invitation as the skilled occupation which the applicant may nominate; and

(c) for which the applicant declares in the application that the applicant's skills have been assessed as suitable by the relevant assessing authority and that the assessment is not for a Subclass 485 (Temporary Graduate) visa

5

The applicant must be nominated by a State or Territory government agency

             (5)  Subclasses:

                            Subclass 190   (Skilled--Nominated)

1139   Permanent Residence (Skilled Regional) (Class PR)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for the purposes of this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

                              (i)  for:

                                        (A)  an applicant (a primary Regional Provisional applicant ) seeking to satisfy the primary criteria for the grant of a Subclass 191 (Permanent Residence (Skilled Regional)) visa in the Regional Provisional Visas stream; or

                                        (B)  an applicant (a secondary Regional Provisional applicant ) seeking to satisfy the secondary criteria for the grant of a Subclass 191 (Permanent Residence (Skilled Regional)) visa whose application is combined, or sought to be combined, with an application of a primary Regional Provisional applicant:

 

First instalment--visas in the Regional Provisional Visas stream etc.

Item

Component

Amount

1

Base application charge

$435

2

Additional applicant charge for an applicant who is at least 18

$220

3

Additional applicant charge for an applicant who is less than 18

$110

 

                             (ii)  for:

                                        (A)  an applicant (a primary HK applicant ) seeking to satisfy the primary criteria for the grant of a Subclass 191 (Permanent Residence (Skilled Regional)) visa in the Hong Kong (Regional) stream; or

                                        (B)  an applicant (a secondary HK applicant ) seeking to satisfy the secondary criteria for the grant of a Subclass 191 (Permanent Residence (Skilled Regional)) visa whose application is combined, or sought to be combined, with an application of a primary HK applicant:

 

First instalment--visas in the Hong Kong (Regional) stream etc.

Item

Component

Amount

1

Base application charge

$4 240

2

Additional applicant charge for an applicant who is at least 18

$2 115

3

Additional applicant charge for an applicant who is less than 18

$1 060

Note 1:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

Note 2:       Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  second instalment (payable before grant of visa):

 

Second instalment

Item

Applicant

Amount

1

Primary HK applicant or secondary HK applicant:

(a) who was at least 18 at the time of application; and

(b) who is assessed as not having functional English

$4,885

2

Any other applicant

Nil

             (3)  Other:

                     (a)  An application must be made at the place and in the manner (if any) specified by the Minister in a legislative instrument made for the purposes of this item under subregulation 2.07(5).

                     (b)  An applicant may be in or outside Australia, but not in immigration clearance.

                   (ba)  An application by a primary Regional Provisional applicant or a secondary Regional Provisional applicant must be made on or after 16 November 2022.

                   (bb)  An application by a primary HK applicant or a secondary HK applicant:

                              (i)  must be made on or after 5 March 2022; and

                             (ii)  must not nominate the Regional Provisional Visas stream.

                     (c)  A primary Regional Provisional applicant:

                              (i)  must hold a regional provisional visa; and

                             (ii)  must have held that regional provisional visa for at least 3 years.

                    (ca)  A primary HK applicant:

                              (i)  must hold a Hong Kong passport or a British National (Overseas) passport; and

                             (ii)  must hold a visa to which subitem (3A) applies; and

                            (iii)  must have held that visa for at least 3 years.

                     (d)  An application by a person claiming to be a member of the family unit of a person who is an applicant for a Permanent Residence (Skilled Regional) (Class PR) visa may be made at the same time as, and combined with, the application by that person.

          (3A)  For the purposes of subparagraph (3)(ca)(ii), this subitem applies to a visa that:

                     (a)  is:

                              (i)  a Subclass 457 (Temporary Work (Skilled)) visa; or

                             (ii)  a Subclass 482 (Temporary Skill Shortage) visa; or

                            (iii)  a Subclass 485 (Temporary Graduate) visa; and

                     (b)  was granted on the basis that the applicant satisfied the primary criteria for the grant of the visa; and

                     (c)  either:

                              (i)  was granted before 9 July 2020 and does not permit the holder to travel to, enter or remain in Australia after 8 July 2025; or

                             (ii)  was granted on or after 9 July 2020 and permits the holder to travel to, enter and remain in Australia during the period of 5 years starting when the visa came into effect.

             (4)  Subclasses:

                    191  (Permanent Residence (Skilled Regional))

Part 2 -- Temporary visas (other than bridging visas)

   

1201   Border (Temporary) (Class TA)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:   Nil.

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  The applicant must be in Australia, but not in immigration clearance, if the applicant is:

                              (i)  a dependent child of a non-citizen; and

                             (ii)  the holder of a Subclass 773 visa.

                     (c)  Application by a person claiming to be a member of the family unit of a person who is an applicant for a Border (Temporary) (Class TA) visa may be made at the same time and place as, and combined with, the application by that person.

             (4)  Subclasses:

                    773  (Border)

1202A   Business Skills (Provisional) (Class UR)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

 

First instalment

Item

Component

Amount

1

Base application charge

$4 675

2

Additional applicant charge for an applicant who is at least 18

$2 340

3

Additional applicant charge for an applicant who is less than 18

$1 170

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  second instalment (payable before grant of visa):

 

Second instalment

Item

Applicant

Amount

1

Applicant who:

(a) was at least 18 at the time of application; and

(b) is assessed as not having functional English; and

(c) satisfies the primary criteria for the grant of a visa of a subclass included in Business Skills (Provisional) (Class UR)

$9 795

2

Applicant who:

(a) was at least 18 at the time of application; and

(b) is assessed as not having functional English; and

(c) satisfies the secondary criteria for the grant of a visa of a subclass included in Business Skills (Provisional) (Class UR)

$4 890

3

Any other applicant

Nil

             (3)  Other:

                    (aa)  Application by a person seeking to satisfy the primary criteria must be made before 1 July 2012.

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  Applicant may be in or outside Australia, but not in immigration clearance.

                     (c)  Application by a person claiming to be a member of the family unit of a person who is an applicant for a Business Skills (Provisional) (Class UR) visa may be made at the same time and place as, and combined with, the application by that person.

                     (d)  For applicant seeking to satisfy the primary criteria for the grant of a Subclass 163 (State/Territory Sponsored Business Owner (Provisional)), 164 (State/Territory Sponsored Senior Executive (Provisional)) or 165 (State/ Territory Sponsored Investor (Provisional)) visa:

                              (i)  applicant must be sponsored by an appropriate regional authority; and

                             (ii)  form 949 must be signed by an officer of the authority who is authorised to sign a sponsorship of that kind.

             (4)  Subclasses:

                    160  (Business Owner (Provisional))

                    161  (Senior Executive (Provisional))

                    162  (Investor (Provisional))

                    163  (State/Territory Sponsored Business Owner (Provisional))

                    164  (State/Territory Sponsored Senior Executive (Provisional))

                    165  (State/Territory Sponsored Investor (Provisional))

1202B   Business Skills (Provisional) (Class EB)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

                              (i)  for an applicant:

                                        (A)  seeking to satisfy the primary criteria for the grant of a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Business Innovation Extension stream or the Significant Investor Extension stream ; or

                                        (B)  whose application is combined, or sought to be combined, with an application made by that person:

 

First instalment

Item

Component

Amount

1

Base application charge

$755

2

Additional applicant charge for an applicant who is at least 18

$380

3

Additional applicant charge for an applicant who is less than 18

$190

 

                            (ia)  for an applicant:

                                        (A)  seeking to satisfy the primary criteria for the grant of a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Significant Investor stream; or

                                        (B)  whose application is combined, or sought to be combined, with an application made by that person:

 

First instalment

Item

Component

Amount

1

Base application charge

$9 195

2

Additional applicant charge for an applicant who is at least 18

$4 595

3

Additional applicant charge for an applicant who is less than 18

$2 300

 

                            (ic)  for an applicant:

                                        (A)  seeking to satisfy the primary criteria for the grant of a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Entrepreneur stream; or

                                        (B)  whose application is combined, or sought to be combined, with an application made by that person:

 

First instalment

Item

Component

Amount

1

Base application charge

$4 240

2

Additional applicant charge for an applicant who is at least 18

$2 120

3

Additional applicant charge for an applicant who is less than 18

$1 060

 

                             (ii)  for any other applicant:

 

First instalment

Item

Component

Amount

1

Base application charge

$6 270

2

Additional applicant charge for an applicant who is at least 18

$3 135

3

Additional applicant charge for an applicant who is less than 18

$1 565

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  second instalment (payable before grant of visa):

 

Second instalment

Item

Applicant

Amount

1

Applicant who:

(a) was at least 18 at the time of application; and

(b) is assessed as not having functional English; and

(c) satisfies the primary criteria for the grant of a Subclass 188 (Business Innovation and Investment (Provisional)) visa; and

$9 795

 

(d) has not paid a second instalment of the visa application charge in relation to an application for a Subclass 188 (Business Innovation and Investment (Provisional)) visa

 

2

Applicant who:

(a) was at least 18 at the time of application; and

(b) is assessed as not having functional English; and

(c) satisfies the secondary criteria for the grant of a Subclass 188 (Business Innovation and Investment (Provisional)) visa; and

(d) has not paid a second instalment of the visa application charge in relation to an application for a Subclass 188 (Business Innovation and Investment (Provisional)) visa

$4 890

3

Any other applicant

Nil

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  An applicant may be in or outside Australia, but not in immigration clearance.

                     (c)  An applicant in Australia must hold:

                              (i)  a substantive visa; or

                             (ii)  a Subclass 010 Bridging A visa; or

                            (iii)  a Subclass 020 Bridging B visa; or

                            (iv)  a Subclass 030 Bridging C visa.

                     (d)  An application by a person claiming to be a member of the family unit of a person who is an applicant for a Business Skills (Provisional) (Class EB) visa may be made at the same time as, and combined with, the application by that person.

             (4)  An applicant seeking to satisfy the primary criteria for a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Business Innovation stream must meet the requirements in the table.

 

Item

Requirements

1

The applicant must have been invited, in writing, by the Minister to apply for a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Business Innovation stream

2

The applicant must apply for that visa within the period stated in the invitation

3

The applicant must be nominated by a State or Territory government agency

Note:          The invitation to apply for the visa will identify the stream to which the invitation relates.

             (5)  An applicant seeking to satisfy the primary criteria for a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Business Innovation Extension stream must meet the requirements in the table.

Item

Requirements

1

One of the following paragraphs must be satisfied:

(a) the applicant must hold a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Business Innovation stream;

(b) the applicant must have held, during a concession period, a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Business Innovation stream (the qualifying visa ) and both the following apply:

(i) the qualifying visa was granted before 1 July 2019;

(ii) the application is made no more than 3 months after the end of the concession period;

(c) the applicant must have held, during a concession period, a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Business Innovation Extension stream and both the following apply:

(i) the applicant has held a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Business Innovation stream that was granted before 1 July 2019;

(ii) the application is made no more than 3 months after the end of the concession period

2

The applicant must have held a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Business Innovation stream for at least 3 years

3

If, at the time of application, the applicant holds or has held a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Business Innovation Extension stream, the applicant must not have held more than one Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Business Innovation Extension stream

4

The applicant must be nominated by a State or Territory government agency

             (6)  An applicant seeking to satisfy the primary criteria for a Subclass 188 visa in the Investor stream must meet the requirements in the table.

Item

Requirements

1

The applicant must have been invited, in writing, by the Minister to apply for a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Investor stream

2

The applicant must apply for that visa within the period stated in the invitation

3

The applicant must be nominated by a State or Territory government agency

Note:          The invitation to apply for the visa will identify the stream to which the invitation relates.

          (6A)  An applicant seeking to satisfy the primary criteria for a Subclass 188 visa in the Significant Investor stream must meet the requirements in the table.

Item

Requirements

1

The applicant must have been invited, in writing, by the Minister to apply for a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Significant Investor stream

2

The applicant must apply for that visa within the period stated in the invitation

3

The applicant must be nominated by a State or Territory government agency or the CEO of Austrade

Note:          The invitation to apply for the visa will identify the stream to which the invitation relates.

          (6B)  An applicant seeking to satisfy the primary criteria for a Subclass 188 visa in the Significant Investor Extension stream must meet the requirements in the table.

Item

Requirements

1

The applicant must be nominated by a State or Territory government agency or the CEO of Austrade

2

Either:

(a) the applicant:

(i) holds a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Significant Investor stream; and

(ii) has held that visa for at least 3 years; or

 

(b) at the time of application, the applicant:

(i) holds a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Significant Investor Extension stream; and

 

(ii) has not held more than one Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Significant Investor Extension stream

          (6D)  An applicant seeking to satisfy the primary criteria for a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Entrepreneur stream must meet the requirements in the table.

Item

Requirements

1

The applicant must have been invited, in writing, by the Minister to apply for a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Entrepreneur stream

2

The applicant must apply for that visa within the period stated in the invitation

3

The applicant must be nominated by a State or Territory government agency

Note:          The invitation to apply for the visa will identify the stream to which the invitation relates.

             (7)  Subclasses:

                            Subclass 188   (Business Innovation and Investment (Provisional))

1206   Diplomatic (Temporary) (Class TF)

             (1)  Form:   Nil.

             (2)  Visa application charge:   Nil.

             (3)  Other:

                     (a)  Application must be made by or on behalf of the applicant in a manner approved by the Minister.

                     (b)  Application may be made in or outside Australia, but not in immigration clearance.

                     (c)  Applicant must be in Australia to make an application in Australia.

             (4)  Subclasses:

                    995  (Diplomatic (Temporary))

1208A   Electronic Travel Authority (Class UD)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for the purposes of this item under subregulation 2.07(5).

Note:          See regulation 2.07AB for an alternative to making an application using the approved form.

             (2)  Visa application charge:

                     (a)  the base application charge (payable at the time the application is made) is nil; and

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

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for the purposes of this item under subregulation 2.07(5).

                     (b)  An applicant must be:

                              (i)  in immigration clearance; or

                             (ii)  outside Australia.

                      (f)  An applicant must hold an ETA-eligible passport.

             (4)  Subclasses:

                            Subclass 601   (Electronic Travel Authority)

1211   Extended Eligibility (Temporary) (Class TK)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

 

First instalment

Item

Component

Amount

1

Base application charge

$2 790

2

Additional applicant charge for an applicant who is at least 18

$1 395

3

Additional applicant charge for an applicant who is less than 18

$700

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

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

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                    (aa)  Applicant may be in or outside Australia, but not in immigration clearance.

                   (ab)  Applicant claims to be a dependent child of a person, and the person holds:

                              (i)  a Subclass 309 (Spouse (Provisional)) visa; or

                             (ii)  a Subclass 309 (Partner (Provisional)) visa; or

                            (iii)  a Subclass 310 (Interdependency (Provisional)) visa; or

                            (iv)  a Subclass 445 (Dependent Child) visa; or

                             (v)  a Subclass 820 (Spouse) visa; or

                            (vi)  a Subclass 820 (Partner) visa; or

                           (vii)  a Subclass 826 (Interdependency) visa.

                     (b)  Application by a person claiming to be a dependent child of a person who is an applicant for an Extended Eligibility (Temporary) (Class TK) visa may be made at the same time and place as, and combined with, the application by that person.

             (4)  Subclasses:

                    445  (Dependent Child)

1212B   Investor Retirement (Class UY)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

 

First instalment

Item

Component

Amount

1

Base application charge

$385

2

Additional applicant charge for an applicant who is at least 18

$195

3

Additional applicant charge for an applicant who is less than 18

$95

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  the second instalment (payable before grant of visa) is $12 990.

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  Applicant may be in or outside Australia, but not in immigration clearance.

                     (c)  Application by a person claiming to be the spouse or de facto partner of a person who is an applicant for an Investor Retirement (Class UY) visa may be made at the same time and place as, and combined with, the application by that person.

                     (d)  Applicant seeking to satisfy the primary criteria for the grant of a Subclass 405 visa must:

                              (i)  be sponsored by an appropriate regional authority; and

                             (ii)  provide, with the application, form 1249 signed by an officer of the authority who is authorised to sign a sponsorship of that kind; and

                            (iii)  be at least 55 years old, unless:

                                        (A)  the applicant is the holder of an Investor Retirement (Class UY) visa; or

                                        (B)  the last substantive visa held by the applicant since last entering Australia was an Investor Retirement (Class UY) visa.

                     (e)  Application may be made on or after 1 June 2018 by a person only if:

                              (i)  the person is the holder of an Investor Retirement (Class UY) visa; or

                             (ii)  the last substantive visa held by the person since last entering Australia was an Investor Retirement (Class UY) visa.

Note:          For appropriate regional authority , see regulation 1.03.

             (4)  Subclasses:

                    405  (Investor Retirement)

1214A   Medical Treatment (Visitor) (Class UB)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

                              (i)  for an applicant who:

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

                                        (B)  does not apply in the course of acting as a representative for a foreign government;

                                   or whose application is combined, or sought to be combined, with an application made by that person:

 

First instalment

Item

Component

Amount

1

Base application charge

$330

2

Additional applicant charge for an applicant who is at least 18

$165

3

Additional applicant charge for an applicant who is less than 18

$80

 

                             (ii)  for any other applicant, the amount is nil.

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

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

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (c)  An applicant may be in or outside Australia, but not in immigration clearance.

                     (d)  An application by a person included in the passport of another person may be made at the same time and place as, and combined with, the application by that person.

                     (e)  An application made in Australia by a person who is not the holder of a substantive visa must be accompanied by the documentation (if any) specified under subitem (3A).

          (3A)  For the purposes of paragraph (3)(e), the Minister may, by legislative instrument, specify documentation that must accompany an application.

          (3B)  Without limiting subitem (3A), the Minister may specify under that subitem an approved form, including an approved form completed and signed by a registered medical practitioner.

             (4)  Subclasses:

                            Subclass 602   (Medical Treatment)

1214BA   New Zealand Citizen Family Relationship (Temporary) (Class UP)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

 

First instalment

Item

Component

Amount

1

Base application charge

$385

2

Additional applicant charge for an applicant who is at least 18

$195

3

Additional applicant charge for an applicant who is less than 18

$95

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

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

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                    (aa)  Applicant may be in or outside Australia, but not in immigration clearance.

                     (c)  Application by a person claiming to be a member of the family unit of a person who is an applicant for a New Zealand Citizen Family Relationship (Temporary) (Class UP) visa may be made at the same time and place as, and combined with, the application by that person.

             (4)  Subclasses:

                    461  New Zealand Citizen Family Relationship (Temporary))

1214C   Partner (Temporary) (Class UK)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:   Nil.

             (3)  Other:

                     (a)  Application must be made at the same time and place as an application for a Partner (Residence) (Class BS) visa.

                     (b)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (c)  Applicant must be in Australia, but not in immigration clearance.

                     (e)  Application by a person claiming to be a member of the family unit of the holder or former holder of a prospective marriage (temporary) visa (as defined in clause 820.111 of Schedule 2) who is an applicant for a Partner (Temporary) visa may be made at the same time and place as, and combined with, the application by that person.

                      (f)  Application by a person claiming to be a dependent child of a person who is an applicant for a Partner (Temporary) (Class UK) visa may be made at the same time and place as, and combined with, the application by that person.

                     (g)  If:

                              (i)  the applicant is the holder of:

                                        (A)  a Skilled--Independent Regional (Provisional) (Class UX) visa; or

                                        (B)  a Subclass 475 (Skilled--Regional Sponsored) visa; or

                                        (C)  a Subclass 487 (Skilled--Regional Sponsored) visa; or

                                        (D)  a Skilled--Regional Sponsored (Provisional) (Class SP) visa; or

                             (ii)  the last substantive visa held by the applicant was:

                                        (A)  a Skilled--Independent Regional (Provisional) (Class UX) visa; or

                                        (B)  a Subclass 475 (Skilled--Regional Sponsored) visa; or

                                        (C)  a Subclass 487 (Skilled--Regional Sponsored) visa; or

                                        (D)  a Skilled--Regional Sponsored (Provisional) (Class SP) visa;

                            the applicant must have held that visa for at least 2 years.

                     (h)  If:

                              (i)  the applicant is the holder of a Subclass 491 (Skilled Work Regional (Provisional)) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa; or

                             (ii)  the last substantive visa held by the applicant was a Subclass 491 (Skilled Work Regional (Provisional)) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa;

                            the applicant must have held that visa for at least 3 years.

             (4)  Subclasses:

                    820  (Partner)

1215   Prospective Marriage (Temporary) (Class TO)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

 

First instalment

Item

Component

Amount

1

Base application charge

$8 085

2

Additional applicant charge for an applicant who is at least 18

$4 045

3

Additional applicant charge for an applicant who is less than 18

$2 025

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

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

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  Applicant must be outside Australia.

                     (c)  Application by a person claiming to be a member of the family unit of a person who is an applicant for a Prospective Marriage (Temporary) (Class TO) visa must be made at the same time and place as, and combined with, the application by that person.

             (4)  Subclasses:

                    300  (Prospective Marriage)

1216   Resident Return (Temporary) (Class TP)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

 

First instalment

Item

Component

Amount

1

Base application charge

$220

2

Additional applicant charge for an applicant who is at least 18

$110

3

Additional applicant charge for an applicant who is less than 18

$55

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

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

             (3)  Other, unless the application is covered by subitem (3A):

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                    (aa)  Applicant must be outside Australia.

                     (b)  Application by a person who is included in the passport of another applicant for a Resident Return (Temporary) (Class TP) visa may be made at the same time and place as, and combined with, the application by that other applicant.

                     (c)  Application by a person is not a valid application if:

                              (i)  the most recent permanent visa held by the person is, or was, the subject of a notice, under subsection 135(1) of the Act, proposing cancellation; and

                             (ii)  the person has not been notified of a decision not to proceed with the cancellation; and

                            (iii)  the visa was not the subject of a decision to cancel the visa under section 134 of the Act.

                     (d)  Application by a person is not a valid application if:

                              (i)  the most recent permanent visa held by the person was the subject of a decision to cancel the visa under section 134 of the Act (whether or not the decision has come into effect); and

                             (ii)  the decision to cancel the visa has not been set aside by the Tribunal.

          (3A)  This subitem covers applications made on one of the following bases:

                     (a)  that, on 30 June 2016, the applicant held either of the following permits granted under the Immigration Act 1980 (Norfolk Island):

                              (i)  a temporary entry permit;

                             (ii)  a general entry permit;

                     (b)  that:

                              (i)  on or before 30 June 2016, the applicant was born outside Norfolk Island (whether in or outside Australia); and

                             (ii)  on 30 June 2016, the applicant did not hold either of the permits mentioned in paragraph (a); and

                            (iii)  on 30 June 2016, a parent of the applicant (other than an adoptive parent) was covered by paragraph (a); and

                            (iv)  on 30 June 2016, the applicant was a dependent child of the parent;

                     (c)  that clause 159.311 of Schedule 2 is satisfied in relation to another applicant whose application is covered by paragraph (a) or (b) of this subitem.

Note:       Paragraph (c) applies to a dependent child of the other applicant born in Australia on or after 1 July 2016. The child's application must be combined with that of the parent.

          (3B)  Other, if the application is covered by subitem (3A):

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  Applicant may be in or outside Australia, but must not be in immigration clearance.

                     (c)  Application by a person who is included in the passport of another applicant for a Resident Return (Temporary) (Class TP) visa may be made at the same time and place as, and combined with, the application by that other applicant.

                    (ca)  Application covered by paragraph (3A)(c) may be made at the same time and place as, and combined with, the application made by the other applicant referred to in that paragraph.

                     (d)  Application by a person is not a valid application if:

                              (i)  the visa held by the person that was most recently in effect is, or was, the subject of a notice under the Act proposing cancellation; and

                             (ii)  the person has not been notified of a decision not to proceed with the cancellation; and

                            (iii)  the visa was not the subject of a decision to cancel the visa under the Act.

                     (e)  Application by a person is not a valid application if:

                              (i)  the visa held by the person that was most recently in effect was the subject of a decision to cancel the visa under the Act (whether or not the decision has come into effect); and

                             (ii)  the decision to cancel the visa has not been set aside by the Tribunal.

             (4)  Subclasses:

                    159  (Provisional Resident Return)

1217   Retirement (Temporary) (Class TQ)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

 

First instalment

Item

Component

Amount

1

Base application charge

$430

2

Additional applicant charge for an applicant who is at least 18

$220

3

Additional applicant charge for an applicant who is less than 18

$105

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

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

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  Applicant may be in or outside Australia, but not in immigration clearance.

                     (c)  Application by a person claiming to be a member of the family unit of a person may be made at the same time and place as, and combined with, an application by any other member of the family unit seeking to satisfy either the primary or secondary criteria.

                     (d)  Application may be made on or after 17 November 2018 by a person only if:

                              (i)  the person is the holder of a Subclass 410 visa; or

                             (ii)  the last substantive visa held by the person since last entering Australia was a Subclass 410 visa.

             (4)  Subclasses:

                    410  (Retirement)

1218   Tourist (Class TR)

             (1)  Form:

                     (a)  If the applicant is:

                              (i)  in Australia; and

                             (ii)  in a class of persons specified by the Minister in an instrument in writing for this subparagraph: 601E.

                     (b)  If the applicant is:

                              (i)  outside Australia; and

                             (ii)  in a class of persons specified by the Minister in an instrument in writing for this subparagraph: 48 (Internet).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

                              (i)  for an applicant who:

                                        (A)  applies in the course of acting as a representative of a foreign government; or

                                        (B)  is in a class of persons specified in an instrument in writing for this sub-subparagraph;

                                   or whose application is combined, or sought to be combined, with an application made by that person:

 

First instalment

Item

Component

Amount

1

Base application charge

Nil

2

Additional applicant charge for an applicant who is at least 18

Nil

3

Additional applicant charge for an applicant who is less than 18

Nil

 

                             (ii)  for any other applicant:

                                        (A)  who is in Australia at the time of application; or

                                        (B)  whose application is combined, or sought to be combined, with an application made by that person:

 

First instalment

Item

Component

Amount

1

Base application charge

$290

2

Additional applicant charge for an applicant who is at least 18

$290

3

Additional applicant charge for an applicant who is less than 18

$75

 

                            (iii)  for any other applicant:

                                        (A)  who is outside Australia at the time of application; or

                                        (B)  whose application is combined, or sought to be combined, with an application made by that person:

 

First instalment

Item

Component

Amount

1

Base application charge

$115

2

Additional applicant charge for an applicant who is at least 18

$115

3

Additional applicant charge for an applicant who is less than 18

$30

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

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

             (3)  Other:

                     (a)  Oral application may be made if, and only if, the applicant:

                              (i)  is in Australia (but not in immigration clearance); and

                             (ii)  is the holder of:

                                        (A)  a Long Stay (Visitor) (Class TN) visa; or

                                        (B)  a Short Stay (Visitor) (Class TR) visa; or

                                        (C)  a Tourist (Class TR) visa.

                     (b)  Application (not being an oral application) by a person included in the passport of another person may be made at the same time and place as, and combined with, the application by that person.

             (4)  Subclasses:

                    676  (Tourist)

1218AA   Visitor (Class TV)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

 

First instalment

Item

Component

Amount

1

Base application charge

Nil

2

Additional applicant charge for an applicant who is at least 18

Nil

3

Additional applicant charge for an applicant who is less than 18

Nil

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

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

             (3)  Other:

                    (aa)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (a)  Applicant must be outside Australia.

                     (b)  Applicant must hold an eVisitor eligible passport.

             (4)  Subclasses:

                    651  (eVisitor)

1219   Special Category (Temporary) (Class TY)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:   Nil.

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                    (aa)  An applicant who holds a special purpose visa, or who does not hold a visa, must be:

                              (i)  in immigration clearance outside Australia travelling to Australia on a pre-cleared flight; or

                             (ii)  in immigration clearance in Australia; or

                            (iii)  in Australia after having been immigration cleared.

                   (ab)  An applicant who holds a temporary visa (other than a special purpose visa) must be:

                              (i)  in immigration clearance outside Australia travelling to Australia on a pre-cleared flight; or

                             (ii)  in Australia, but not in immigration clearance.

                     (b)  The applicant must present to an officer or a clearance authority a New Zealand passport held by the applicant that is in force unless:

                              (i)  the application is made using an authorised system; and

                             (ii)  the applicant holds a New Zealand passport that is in force; and

                            (iii)  for the purposes of being immigration cleared, the applicant presents an image of the applicant's face and shoulders by presenting themselves to an authorised system and, as a result, the applicant is satisfactorily identified.

                     (c)  Applicant is not the holder of a permanent visa.

                     (d)  If the application is made using an authorised system, the applicant must answer the health and character questions asked by the authorised system.

             (4)  Subclasses:

                    444  (Special Category)

             (5)  In this item:

"authorised system " means an automated system that is an authorised system for the purposes of section 32 of the Act.

1220A   Partner (Provisional) (Class UF)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:   Nil.

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  Applicant must be outside Australia.

                     (c)  Application must be made at the same time and place as an application for a Partner (Migrant) (Class BC) visa.

                     (d)  Application by a person claiming to be a member of the family unit of a person who is an applicant for a Partner (Provisional) (Class UF) visa may be made at the same time and place as, and combined with, the application by that person.

             (4)  Subclasses:

                    309  (Partner (Provisional))

1221   Contributory Parent (Temporary) (Class UT)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

                              (i)  for an applicant who:

                                        (A)  made a valid application for a Parent (Migrant) (Class AX) visa before 27 June 2003; and

                                        (B)  withdrew that application at the same time as making the application for the Contributory Parent (Temporary) (Class UT) visa;

                                   or whose application is combined, or sought to be combined, with an application made by that person, the amount is nil; and

                             (ii)  for an applicant:

                                        (A)  who is a contributory parent newborn child; or

                                        (B)  whose application is combined, or sought to be combined, with an application made by that person;

                                   the amount is nil; and

                            (iii)  for any other applicant:

 

First instalment

Item

Component

Amount

1

Base application charge

$2 935

2

Additional applicant charge for an applicant who is at least 18

$1 465

3

Additional applicant charge for an applicant who is less than 18

$735

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  second instalment (payable before grant of visa):

 

Second instalment

Item

Applicant

Amount

1

Applicant who:

(a) was less than 18 at the time of application; and

(b) is a dependent child of an applicant for a Contributory Parent (Temporary) (Class UT) visa; and

(c) applied during the period that began on 1 July 2013 and ended on 31 August 2013

$1 825

1A

Applicant who:

(a) was less than 18 at the time of application; and

(b) is a dependent child of an applicant for a Contributory Parent (Temporary) (Class UT) visa; and

(c) applied on or after 1 September 2013

$2 095

2

Applicant who is a contributory parent newborn child

Nil

3

Any other applicant

$29 130

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                    (aa)  The applicant:

                              (i)  does not hold a Subclass 870 (Sponsored Parent (Temporary)) visa; and

                             (ii)  if the applicant held such a visa--has left Australia since that visa ceased to be in effect.

                     (b)  Application by a person claiming to be a member of the family unit of a person who is an applicant for a Contributory Parent (Temporary) (Class UT) visa may be made at the same time and place as, and combined with, the application by that person.

                     (c)  If the applicant has previously made a valid application for another parent visa:

                              (i)  a decision to grant or to refuse to grant that visa must have been made; or

                             (ii)  the application for that visa must have been withdrawn.

             (4)  Subclasses:

                    173  (Contributory Parent (Temporary))

1221A   Contributory Aged Parent (Temporary) (Class UU)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

                              (i)  for an applicant who:

                                        (A)  made a valid application for an Aged Parent (Residence) (Class BP) visa before 1 July 2003; and

                                        (B)  withdrew that application at the same time as making the application for the Contributory Aged Parent (Temporary) (Class UU) visa;

                                   or whose application is combined, or sought to be combined, with an application made by that person, the amount is nil; and

                             (ii)  for an applicant:

                                        (A)  who is a contributory parent newborn child; or

                                        (B)  whose application is combined, or sought to be combined, with an application made by that person:

                                   the amount is nil; and

                            (iii)  for any other applicant:

 

First instalment

Item

Component

Amount

1

Base application charge

$4 355

2

Additional applicant charge for an applicant who is at least 18

$2 175

3

Additional applicant charge for an applicant who is less than 18

$1 090

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  second instalment (payable before grant of visa):

 

Second instalment

Item

Applicant

Amount

1

Applicant who:

(a) was less than 18 at the time of application; and

(b) is a dependent child of an applicant for a Contributory Aged Parent (Temporary) (Class UU) visa

$2 095

2

Applicant who is a contributory parent newborn child

Nil

3

Any other applicant

$29 130

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  Applicant, other than a contributory parent newborn child, must be in Australia but not in immigration clearance.

                     (c)  If the applicant has previously made a valid application for another parent visa:

                              (i)  a decision to grant or to refuse to grant that visa must have been made; or

                             (ii)  the application for that visa must have been withdrawn.

                    (ca)  The applicant:

                              (i)  does not hold a Subclass 870 (Sponsored Parent (Temporary)) visa; and

                             (ii)  if the applicant held such a visa--has left Australia since that visa ceased to be in effect.

                     (d)  Application by a person claiming to be a member of the family unit of a person who is an applicant for a Contributory Aged Parent (Temporary) (Class UU) visa may be made at the same time and place as, and combined with, the application by that person.

             (4)  Subclasses:

                    884  (Contributory Aged Parent (Temporary))

1222   Student (Temporary) (Class TU)

             (1)  Form: The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

                              (i)  for an applicant who is included in a class of persons specified in an instrument under paragraph (5)(a), the amount is nil; and

                             (ii)  for any other applicant:

 

First instalment

Item

Component

Amount

1

Base application charge

$650

2

Additional applicant charge for any other applicant who is at least 18

$485

3

Additional applicant charge for any other applicant who is less than 18

$160

Note 1:    Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-internet application charge. Not all of the components may apply to a particular application.

Note 2:    Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

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

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  An applicant may be in or outside Australia, but not in immigration clearance.

                     (c)  If the applicant seeks to satisfy the primary criteria for the grant of a Subclass 500 (Student) visa, the application must be accompanied by evidence of the applicant's intended course of study in Australia, or activities related to study in Australia, being evidence that satisfies the requirements specified in an instrument under paragraph (5)(b).

                     (d)  If the applicant seeks to satisfy the primary criteria for the grant of a Subclass 500 (Student) visa and will be under 18 years of age at any time while in Australia, the application must be accompanied by evidence of intended arrangements for the applicant's accommodation, support and general welfare.

                     (e)  An application by a person claiming to be a member of the family unit of a person who is an applicant for a Subclass 500 (Student) visa may be made at the same time and place as, and combined with, the application by that person.

                      (f)  An application by a person claiming to be a member of the family unit of a person who is seeking to satisfy the primary criteria for the grant of a Subclass 590 (Student Guardian) visa must be made at the same time as, and combined with, the application by that person.

             (4)  If the applicant is in Australia, the applicant must hold a substantive temporary visa (other than a substantive temporary visa specified in an instrument under paragraph (5)(c)), or must satisfy the following paragraphs:

                     (a)  the applicant is not the holder of a substantive visa;

                     (b)  the last substantive visa held by the applicant was:

                              (i)  a student visa; or

                             (ii)  a special purpose visa; or

                            (iii)  a Diplomatic (Temporary) (Class TF) visa granted to the holder as the spouse or de facto partner, or a dependent relative, of a diplomatic or consular representative of a foreign country;

                     (c)  the application is made within 28 days after:

                              (i)  the day when that last substantive visa ceased to be in effect; or

                             (ii)  if that last substantive visa was cancelled, and the Tribunal has made a decision to set aside and substitute the cancellation decision or the Minister's decision not to revoke the cancellation--the later of:

                                        (A)  the day when that last substantive visa ceased to be in effect; and

                                        (B)  the day when the applicant is taken, under sections 368D and 379C of the Act, to have been notified of the Tribunal's decision;

                     (d)  the applicant has not previously been granted a visa based on an application made when the applicant did not hold a substantive visa.

             (5)  The Minister may, by legislative instrument, specify all or any of the following:

                     (a)  classes of persons to whom subparagraph (2)(a)(i) applies;

                     (b)  the requirements that evidence required by paragraph (3)(c) must satisfy;

                     (c)  substantive temporary visas for the purposes of subitem (4).

             (6)  Subclasses:

                    500  (Student)

                    590  (Student Guardian)

             (7)  In this item:

"course of study " has the same meaning as in clause 500.111.

1223B   Temporary Safe Haven (Class UJ)

             (1)  Form:   Nil.

             (2)  Visa application charge:   Nil.

             (3)  Subclasses:

                    449  (Humanitarian Stay (Temporary))

Note:          See regulation 2.07AC for how an application for a Temporary Safe Haven (Class UJ) visa is taken to have been validly made.

1223C   Temporary (Humanitarian Concern) (Class UO)

             (1)  Form:   Nil.

             (2)  Visa application charge:   Nil.

             (3)  Subclasses:

                    786  (Temporary (Humanitarian Concern))

Note:          See regulation 2.07AC for how an application for a Temporary (Humanitarian Concern) (Class UO) visa is taken to have been validly made.

1224   Transit (Temporary) (Class TX)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:   Nil.

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  Applicant must be outside Australia.

             (4)  Subclasses:

                    771  (Transit)

1224A   Work and Holiday (Temporary) (Class US)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  the base application charge (payable at the time the application is made) is:

                              (i)  for an applicant in a class of persons specified in a legislative instrument made for the purposes of this subparagraph under subregulation 2.07(5)--nil; or

                             (ii)  in any other case--$510; and

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

Note:          Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                   Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

             (3)  Other:

                     (a)  Applicant must hold a valid passport issued by a foreign country specified in an instrument in writing for this paragraph.

Note:       For foreign country , see section 2B of the Acts Interpretation Act 1901 .

                  (aaa)  Paragraph (a) does not apply if:

                              (i)  the applicant is in Australia; and

                             (ii)  when entering Australia, the applicant held a valid passport issued by a foreign country specified in an instrument in writing made under paragraph (a); and

                            (iii)  the passport expired after the applicant entered Australia.

                    (aa)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  If the applicant is not, and has not previously been, in Australia as the holder of a Subclass 462 (Work and Holiday) visa other than an offshore COVID-19 affected visa, the applicant must:

                              (i)  be outside Australia; and

                             (ii)  not have previously been in Australia as the holder of a Subclass 417 (Working Holiday) visa; and

                            (iii)  unless the applicant is a member of a class of persons specified by the Minister, by an instrument in writing, for this subparagraph--provide evidence that the applicant has the support for the grant of the visa from the government of the foreign country mentioned in paragraph (a).

                     (c)  If the applicant is, or has previously been, in Australia as the holder of a Subclass 462 (Work and Holiday) visa other than an offshore COVID-19 affected visa:

                              (i)  the applicant may be in or outside Australia, but not in immigration clearance; and

                             (ii)  if, disregarding any COVID-19 affected visa, the applicant has held only one Subclass 462 (Work and Holiday) visa in Australia--the application must be accompanied by a declaration by the applicant that he or she has carried out specified Subclass 462 work for a total period of at least 3 months as the holder of that visa; and

                           (iia)  if, disregarding any COVID-19 affected visa, the applicant has held 2 Subclass 462 (Work and Holiday) visas in Australia--the application must be accompanied by a declaration by the applicant that:

                                        (A)  the applicant has carried out specified Subclass 462 work for a total period of at least 6 months; and

                                        (B)  all of that work was carried out while the applicant held the second Subclass 462 (Work and Holiday) visa or while the applicant held a bridging visa that was in effect and was granted on the basis of the application for the second Subclass 462 (Work and Holiday) visa (made at a time when the applicant held the first Subclass 462 (Work and Holiday) visa); and

                                        (C)  all of that work was carried out on or after 1 July 2019; and

                            (iii)  disregarding any COVID-19 affected visa, the applicant has not held more than 2 Subclass 462 (Work and Holiday) visas in Australia (including any Subclass 462 (Work and Holiday) visa held by the applicant at the time of application); and

                            (iv)  if the applicant is in Australia, the applicant must hold a substantive visa or have held a substantive visa at any time in the period of 28 days immediately before making the application.

                     (d)  Subparagraphs (c)(ii) and (iia) do not apply if the applicant holds a passport of a kind specified by the Minister in a legislative instrument made for the purposes of this paragraph.

                     (e)  Subparagraphs (c)(ii) and (iia) do not apply if:

                              (i)  the application is made between 5 March 2022 and 31 December 2022; and

                             (ii)  the applicant holds or held an onshore COVID-19 affected visa; and

                            (iii)  the applicant has not been granted a Subclass 462 (Work and Holiday) visa on the basis of another application made on or after 5 March 2022.

                      (f)  Subparagraph (c)(iv) does not apply if:

                              (i)  the application is made between 5 March 2022 and 31 December 2022; and

                             (ii)  the applicant holds a bridging visa.

             (4)  Subclasses:

                    462  (Work and Holiday)

1225   Working Holiday (Temporary) (Class TZ)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  the base application charge (payable at the time the application is made) is:

                              (i)  for an applicant in a class of persons specified in a legislative instrument made for the purposes of this subparagraph under subregulation 2.07(5)--nil; or

                             (ii)  in any other case--$510; and

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

Note:          Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                   Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

             (3)  An application must be made at the place, and in the manner, (if any) specified in relation to a class of persons that includes the applicant by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

          (3A)  If the applicant is not, and has not previously been, in Australia as the holder of a Subclass 417 (Working Holiday) visa other than an offshore COVID-19 affected visa, the applicant:

                     (a)  is outside Australia; and

                     (b)  holds a working holiday eligible passport.

          (3B)  If the applicant is, or has previously been, in Australia as the holder of a Subclass 417 (Working Holiday) visa other than an offshore COVID-19 affected visa:

                     (a)  the applicant may be in or outside Australia, but not in immigration clearance; and

                     (c)  if, disregarding any COVID-19 affected visa, the applicant has held only one Subclass 417 (Working Holiday) visa in Australia--the application must be accompanied by a declaration by the applicant that he or she has carried out specified Subclass 417 work for a total period of at least 3 months as the holder of that visa; and

                    (ca)  if, disregarding any COVID-19 affected visa, the applicant has held 2 Subclass 417 (Working Holiday) visas in Australia--the application must be accompanied by a declaration by the applicant that:

                              (i)  the applicant has carried out specified Subclass 417 work for a total period of at least 6 months; and

                             (ii)  all of that work was carried out while the applicant held the second Subclass 417 (Working Holiday) visa or while the applicant held a bridging visa that was in effect and was granted on the basis of the application for the second Subclass 417 (Working Holiday) visa (made at a time when the applicant held the first Subclass 417 (Working Holiday) visa); and

                            (iii)  all of that work was carried out on or after 1 July 2019; and

                     (d)  disregarding any COVID-19 affected visa, the applicant has not held more than 2 Subclass 417 (Working Holiday) visas in Australia (including any Subclass 417 (Working Holiday) visa held by the applicant at the time of application); and

                     (e)  the applicant holds a working holiday eligible passport; and

                      (f)  if the applicant is in Australia, the applicant must:

                              (i)  hold a substantive visa; or

                             (ii)  have held a substantive visa at any time in the period of 28 days immediately before making the application.

       (3BA)  Paragraphs (3B)(c) and (ca) do not apply if the applicant holds a passport of a kind specified by the Minister in a legislative instrument made for the purposes of this subitem.

        (3BB)  Paragraphs (3B)(c) and (ca) do not apply if:

                     (a)  the application is made between 5 March 2022 and 31 December 2022; and

                     (b)  the applicant holds or held an onshore COVID-19 affected visa; and

                     (c)  the applicant has not been granted a Subclass 417 (Working Holiday) visa on the basis of another application made on or after 5 March 2022.

        (3BC)  Paragraph (3B)(e) does not apply if:

                     (a)  the applicant is in Australia; and

                     (b)  when entering Australia, the applicant held a working holiday eligible passport; and

                     (c)  the passport expired after the applicant entered Australia.

       (3BD)  Paragraph (3B)(f) does not apply if.

                     (a)  the application is made between 5 March 2022 and 31 December 2022; and

                     (b)  the applicant holds a bridging visa.

          (3C)  The applicant must not have previously been in Australia as the holder of a Subclass 462 (Work and Holiday) visa.

             (4)  Subclasses:

                    417  (Working Holiday)

             (5)  In this item:

"working holiday eligible passport " means a valid passport held by a person who is a member of a class of persons specified in an instrument mentioned in subitem (3).

Note:          Internet application is defined in regulation 1.03.

1227   Maritime Crew (Temporary) (Class ZM)

Note :          This class of visa relates to a member of the crew of a non-military ship. Those expressions are defined in regulation 1.03.

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:   Nil.

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  Applicant must be outside Australia.

                     (c)  Applicant is not the holder of a permanent visa.

                     (e)  An applicant who seeks to satisfy the secondary criteria for the grant of the visa must claim to be a member of the family unit of:

                              (i)  the holder of a Maritime Crew (Temporary) (Class ZM) visa who has satisfied the primary criteria for the grant of the visa; or

                             (ii)  an applicant who seeks to satisfy, or has satisfied, the primary criteria for the grant of the visa.

             (4)  Subclasses:

                    988  (Maritime Crew)

1228   Skilled (Provisional) (Class VF)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

 

First instalment

Item

Component

Amount

1

Base application charge

$425

2

Additional applicant charge for an applicant who is at least 18

$210

3

Additional applicant charge for an applicant who is less than 18

$105

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

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

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (c)  Applicant seeking to satisfy the primary criteria for the grant of a Subclass 476 (Skilled--Recognised Graduate) visa must be less than 31.

                     (d)  Application by a person claiming to be a member of the family unit of a person who seeks to satisfy the primary criteria may be made at the same time and place as, and combined with, an application by that person.

             (4)  Subclasses:

                            Subclass 476   (Skilled--Recognised Graduate)

1229   Skilled (Provisional) (Class VC)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

                              (i)  for an applicant:

                                        (A)  who is the holder of a Subclass 485 (Temporary Graduate) visa in the Post-Study Work stream or in the Replacement stream and who is applying for a second Subclass 485 (Temporary Graduate) visa in the Post-Study Work stream; or

                                        (B)  whose application is combined, or sought to be combined, with an application made by the applicant to whom sub-subparagraph (A) applies:

 

First instalment

Item

Component

Amount

1

Base application charge

$680

2

Additional applicant charge for an applicant who is at least 18

$340

3

Additional applicant charge for an applicant who is less than 18

$175

 

                             (ii)  for any other applicant:

 

First instalment

Item

Component

Amount

1

Base application charge

$1 730

2

Additional applicant charge for an applicant who is at least 18

$865

3

Additional applicant charge for an applicant who is less than 18

$435

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

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

             (3)  Other:

                     (c)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                      (f)  The following applicants may be in or outside Australia when making their applications, but not in immigration clearance:

                              (i)  an applicant claiming to be a member of the family unit of a person who, having satisfied the primary criteria, holds a Skilled (Provisional) (Class VC) visa;

                             (ii)  an applicant:

                                        (A)  who makes the application during a concession period; and

                                        (B)  who is not applying for a second Subclass 485 (Temporary Graduate) visa in the Post-Study Work stream or a Subclass 485 visa as a member of the family unit of an applicant for a second Subclass 485 (Temporary Graduate) visa in the Post-Study Work stream;

                            (iii)  an applicant who is applying for a Subclass 485 (Temporary Graduate) visa in the Replacement stream or a Subclass 485 visa as a member of the family unit of an applicant for a Subclass 485 (Temporary Graduate) visa in the Replacement stream.

                     (g)  An applicant to whom paragraph (f) does not apply must be in Australia, but not in immigration clearance, when making his or her application.

                     (h)  An application by a person claiming to be a member of the family unit of a person who seeks to satisfy the primary criteria may be made at the same time and place as, and combined with, an application by that person.

                      (j)  An applicant seeking to satisfy the primary criteria for the grant of a Subclass 485 (Temporary Graduate) visa must nominate only one stream to which the application relates.

                     (k)  An applicant seeking to satisfy the primary criteria for the grant of a Subclass 485 (Temporary Graduate) visa in the Graduate Work stream must nominate a skilled occupation for the applicant that is specified by the Minister in an instrument in writing for this paragraph.

                   (ka)  Paragraph (k) does not apply if the application is made in the period starting on 1 July 2022 and ending on:

                              (i)  if, before 1 July 2023, the Minister specifies a day on or after 1 July 2023 in a legislative instrument made for the purposes of this subparagraph under subregulation 2.07(5)--the day specified; or

                             (ii)  in any other case--30 June 2023.

                      (l)  An applicant seeking to satisfy the primary criteria for the grant of a Subclass 485 (Temporary Graduate) visa in the Post-Study Work stream:

                              (i)  must hold a Student Temporary (Class TU) visa that:

                                        (A)  was granted on the basis of an application made on or after 5 November 2011; and

                                        (B)  is the first Student Temporary (Class TU) visa that the applicant has held; or

                             (ii)  must have held a Student Temporary (Class TU) visa that:

                                        (A)  was granted on the basis of an application made on or after 5 November 2011; and

                                        (B)  was the first Student Temporary (Class TU) visa that the applicant had held.

                    (la)  An applicant seeking to satisfy the primary criteria for the grant of a second Subclass 485 (Temporary Graduate) visa in the Post-Study Work stream must:

                              (i)  hold a Subclass 485 (Temporary Graduate) visa in the Post-Study Work stream; or

                             (ii)  hold a Subclass 485 (Temporary Graduate) visa in the Replacement stream and have held a Subclass 485 (Temporary Graduate) visa in the Post-Study Work stream.

                    (lb)  An applicant seeking to satisfy the primary criteria for the grant of a Subclass 485 (Temporary Graduate) visa in the Replacement stream must meet the requirements of subitem (5).

                    (m)  An applicant seeking to satisfy the primary criteria for the grant of a Subclass 485 (Temporary Graduate) visa must meet the requirements of subitem (4) .

             (4)  The following requirements must be met:

                     (a)  one of the following subparagraphs must be satisfied by the applicant:

                              (i)  the applicant holds an eligible student visa;

                            (ia)  the applicant is outside Australia when the application is made and the applicant has held an eligible student visa;

                             (ii)  the applicant must:

                                        (A)  hold a Bridging A (Class WA) visa or Bridging B (Class WB) visa that was granted on the basis of a valid application for a visa; and

                                        (B)  have held an eligible student visa at any time during the period of 6 months ending immediately before the day on which the application for the Skilled (Provisional) (Class VC) visa is made;

                            (iii)  the applicant must:

                                        (A)  hold a substantive visa; and

                                        (B)  have held an eligible student visa at any time during the period of 6 months ending immediately before the day on which the application for the Skilled (Provisional) (Class VC) visa is made;

                            (iv)  the applicant must have been taken, under sections 368C, 368D and 379C of the Act, to have been notified that the Tribunal has set aside and substituted the Minister's decision not to revoke the cancellation of the applicant's eligible student visa not more than 28 days before the day on which the application is made;

                             (v)  the applicant holds a Subclass 485 (Temporary Graduate) visa in the Post-Study Work stream and is applying for a second Subclass 485 (Temporary Graduate) visa in the Post-Study Work stream;

                            (vi)  the applicant holds a Subclass 485 (Temporary Graduate) visa in the Replacement stream and is applying for a second Subclass 485 (Temporary Graduate) visa in the Post-Study Work stream;

                           (vii)  the applicant holds a Subclass 485 (Temporary Graduate) visa that was granted on the basis of satisfying the primary criteria for that visa and is applying for a Subclass 485 (Temporary Graduate) visa in the Replacement stream;

                          (viii)  the applicant:

                                        (A)  held a Subclass 485 (Temporary Graduate) visa that was granted on the basis of satisfying the primary criteria for that visa; and

                                        (B)  either holds a substantive visa or holds a Bridging A (Class WA) visa or Bridging B (Class WB) visa that was granted on the basis of a valid application for a visa; and

                                        (C)  is applying for a Subclass 485 (Temporary Graduate) visa in the Replacement stream;

                     (b)  the applicant seeking to satisfy the primary criteria for the grant of the visa must be less than 50.

             (5)  The following requirements must be met by an applicant seeking to satisfy the primary criteria for the grant of a Subclass 485 (Temporary Graduate) visa in the Replacement stream:

                     (a)  the applicant must make the application before 1 January 2027;

                     (b)  the applicant must hold or have held a Subclass 485 (Temporary Graduate) visa (the first visa ) that:

                              (i)  was granted on the basis of satisfying the primary criteria for the first visa; and

                             (ii)  was granted before 15 December 2021; and

                            (iii)  was in effect on or after 1 February 2020;

                     (c)  if the applicant was outside Australia when the first visa was granted:

                              (i)  the applicant must have entered Australia on a day on which the first visa was in effect and that occurred before 15 December 2021; and

                             (ii)  the applicant must have later departed Australia on a day on which the first visa was in effect and that occurred before 15 December 2021;

                     (d)  if the applicant was in Australia when the first visa was granted--the applicant must have been outside Australia on a day on which the first visa was in effect and that occurred between 1 February 2020 and 14 December 2021;

                     (e)  if any of the following visas held by the applicant have been cancelled:

                              (i)  a Subclass 485 (Temporary Graduate) visa;

                             (ii)  a visa granted after the applicant held a Subclass 485 (Temporary Graduate) visa;

                            then, either of the following must apply to each cancelled visa:

                            (iii)  the cancelled visa must have been cancelled on the ground specified in paragraph 2.43(1)(g);

                            (iv)  the decision to cancel the cancelled visa must have been set aside by the Tribunal.

           (10)  Subclasses:

                            Subclass 485   (Temporary Graduate)

           (11)  In this item:

"eligible student visa " means a student visa, other than:

                     (a)  a visa granted to a Foreign Affairs student or Defence student; or

                     (b)  a visa granted on the basis of the applicant being a member of the family unit of the holder of a student visa.

1230   Skilled--Regional Sponsored (Provisional) (Class SP)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

                              (i)  for an applicant who holds:

                                        (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;

                                   or whose application is combined, or sought to be combined, with an application made by that person:

 

First instalment

Item

Component

Amount

1

Base application charge

$375

2

Additional applicant charge for an applicant who is at least 18

$190

3

Additional applicant charge for an applicant who is less than 18

$95

 

                             (ii)  for any other applicant:

 

First instalment

Item

Component

Amount

1

Base application charge

$4 240

2

Additional applicant charge for an applicant who is at least 18

$2 120

3

Additional applicant charge for an applicant who is less than 18

$1 060

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  second instalment (payable before grant of visa):

 

Second instalment

Item

Applicant

Amount

1

Applicant who:

(a) was at least 18 at the time of application; and

(b) is assessed as not having functional English; and

$4 890

 

(c) has not paid a second instalment of visa application charge in relation to the application for the visa, mentioned in subparagraph (2)(a)(i), that the applicant holds

 

2

Any other applicant

Nil

             (3)  Other:

                    (aa)  An application by a person seeking to satisfy the primary criteria in the First Provisional Visa stream must be made before 16 November 2019.

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  An applicant may be in or outside Australia, but not in immigration clearance.

                     (c)  An applicant in Australia must hold:

                              (i)  a substantive visa; or

                             (ii)  a Subclass 010 (Bridging A) visa; or

                            (iii)  a Subclass 020 (Bridging B) visa; or

                            (iv)  a Subclass 030 (Bridging C) visa.

                     (d)  An application by a person claiming to be a member of the family unit of a person who is an applicant for a Skilled--Regional Sponsored (Provisional) (Class SP) visa may be made at the same time as, and combined with, an application by that person.

             (4)  An applicant seeking to satisfy the primary criteria for the grant of a Subclass 489 (Skilled--Regional (Provisional)) visa in the First Provisional Visa stream must meet the requirements in the table.

 

Item

Requirements

1

The applicant must have been invited, in writing, by the Minister to apply for a Subclass 489 (Skilled-Regional (Provisional)) visa in the First Provisional Visa stream

2

The applicant must apply for that visa within the period stated in the invitation

3

The applicant must not have turned 45 at the time of invitation to apply for the visa

4

The applicant must nominate a skilled occupation:

(a) that is specified by the Minister in an instrument in writing for this item as a skilled occupation at the time of invitation to apply for the visa; and

(b) that is specified in the invitation as the skilled occupation which the applicant may nominate; and

 

(c) for which the applicant declares in the application that the applicant's skills have been assessed as suitable by the relevant assessing authority and that the assessment is not for a Subclass 485 (Temporary Graduate) visa

5

The applicant must:

(a) be nominated by a State or Territory government agency; or

(b) declare in the application that the applicant is sponsored by a person who:

(i) has turned 18; and

(ii) is an Australian citizen, Australian permanent resident or eligible New Zealand citizen

6

If the applicant declares in the application that the applicant is sponsored by a person mentioned in paragraph 5(b), the applicant also declares in the application that:

(a) the sponsor is usually resident in a designated area of Australia; and

(b) the sponsor is related to the applicant, or the applicant's spouse or de facto partner (if the applicant's spouse or de facto partner is an applicant for the grant of a Skilled--Regional Sponsored (Provisional) (Class SP) visa), as:

 

(i) a parent; or

(ii) a child or step-child; or

(iii) a brother, sister, adoptive brother, adoptive sister, step-brother or step-sister; or

(iv) an aunt, uncle, adoptive aunt, adoptive uncle, step-aunt or step-uncle; or

(v) a nephew, niece, adoptive nephew, adoptive niece, step-nephew or step-niece; or

 

(vi) a grandparent; or

(vii) a first cousin; and

(c) each person who is an applicant, and claims to be a member of the family unit of the applicant, is sponsored by that person

Note:          designated area is defined in regulation 1.03

             (5)  An applicant seeking to satisfy the primary criteria for the grant of a Subclass 489 (Skilled--Regional (Provisional)) visa in the Second Provisional Visa stream must meet the requirements in the table.

 

Item

Requirements

1

The applicant holds one of the following visas:

(a) a Skilled--Independent (Provisional) (Class UX) visa;

(b) a Skilled--Designated Area-sponsored (Provisional) (Class UZ) visa;

(c) a Subclass 475 (Skilled--Regional Sponsored) visa;

(d) a Subclass 487 (Skilled--Regional Sponsored) visa.

2

For at least 2 years immediately before the application is made, the applicant must have held one of those visas, granted on the basis of:

(a) satisfying the primary criteria for the grant of that visa; or

(b) being the spouse or de facto partner of the person who satisfied the primary criteria for the grant of that visa

3

The applicant must not have held more than one of a particular kind of those visas

             (6)  Subclasses:

                            Subclass 489   (Skilled--Regional (Provisional))

1231   Temporary Work (Short Stay Specialist) (Class GA)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

                            (iii)  for an applicant:

                                        (A)  who applies in the course of acting as a representative for a foreign government; or

                                        (B)  whose application is combined, or sought to be combined, with an application made by that person;

                                   the amount is nil; and

                            (iv)  for an applicant:

                                        (A)  who is in a class of persons specified by the Minister in an instrument in writing for this subparagraph; or

                                        (B)  whose application is combined, or sought to be combined, with an application made by that person;

                                   the amount is nil; and

                             (v)  for any other applicant:

 

First instalment

Item

Component

Amount

1

Base application charge

$325

2

Additional applicant charge for an applicant who is at least 18

$325

3

Additional applicant charge for an applicant who is less than 18

$80

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

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

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  An applicant must be outside Australia.

                     (c)  An application by a person claiming to be a member of the family unit of a person who is an applicant for a Temporary Work (Short Stay Specialist ) (Class GA) visa may be made at the same time as, and combined with, the application by that person.

             (4)  Subclasses:

                            Subclass 400   (Temporary Work (Short Stay Specialist ))

1234   Temporary Work (International Relations) (Class GD)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

                              (i)  for an applicant who is in a class of persons specified by the Minister in a legislative instrument made for the purposes of this item under subregulation 2.07(5), the amount is nil; and

                             (ii)  for an applicant whose application is combined with an application made by a person referred to in subparagraph (i), the amount is nil; and

                            (iii)  for any other applicant:

 

First instalment

Item

Component

Amount

1

Base application charge

$325

2

Additional applicant charge for an applicant who is at least 18

$325

3

Additional applicant charge for an applicant who is less than 18

$80

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

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

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  Subject to paragraph (cae), an applicant may be in or outside Australia, but not in immigration clearance.

                  (cae)  If:

                              (i)  an applicant is seeking to satisfy the criteria for a Subclass 403 (Temporary Work (International Relations)) visa in the Pacific Australia Labour Mobility stream; and

                             (ii)  the applicant does not hold a Subclass 403 (Temporary Work (International Relations)) visa in the Pacific Australia Labour Mobility stream, the Seasonal Worker Program stream or the Pacific Labour Scheme stream when the application is made; and

                            (iii)  if the last substantive visa held by the applicant was a Subclass 403 (Temporary Work (International Relations)) visa in the Pacific Australia Labour Mobility stream, the Seasonal Worker Program stream or the Pacific Labour Scheme stream--that visa expired more than 28 days before the application is made;

                            the applicant must be outside Australia.

                  (caf)  If an applicant is seeking to satisfy the primary criteria for a Subclass 403 (Temporary Work (International Relations)) visa in the Pacific Australia Labour Mobility stream, the applicant must meet the requirement in subitem (3E).

                   (cb)  An applicant must not hold a permanent visa.

                     (d)  An application by a person claiming to be a member of the family unit of a person who is an applicant for an Temporary Work (International Relations) (Class GD) visa may be made at the same time and place as, and combined with, an application by that person or any other member of the family unit who claims to be a member of the family unit of the primary applicant.

Note:          An applicant for a Temporary Work (International Relations) (Class GD) visa cannot meet the secondary criteria for the grant of the visa if the primary applicant holds a Subclass 403 (Temporary Work (International Relations)) visa in the Pacific Australia Labour Mobility stream or the Domestic Worker (Diplomatic or Consular) stream (see clause 403.311 of Schedule 2).

          (3E)  For the purposes of paragraph (3)(caf), an applicant meets the requirement in this subitem if:

                     (a)  the applicant is participating, as a worker, in the Pacific Australia Labour Mobility scheme administered by Foreign Affairs; and

                     (b)  the applicant specifies in the application a person who has agreed to be the applicant's sponsor in relation to the application and the person is:

                              (i)  a temporary activities sponsor or a person who has applied for approval as a temporary activities sponsor but whose application has not yet been decided; and

                             (ii)  participating, as an employer, in the Pacific Australia Labour Mobility scheme administered by Foreign Affairs.

             (4)  Subclasses:

                            Subclass 403   (Temporary Work (International Relations))

1236   Visitor (Class FA)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  in relation to an application for a Subclass 600 (Visitor) visa that is not in the Frequent Traveller stream--first instalment (payable at the time the application is made):

                              (i)  for an applicant who is in Australia at the time of application, the base application charge is $380; and

                             (ii)  for an applicant who is outside Australia at the time of application, the base application charge is $150; and

                            (iii)  for an applicant who applies in the course of acting as a representative of a foreign government, the amount is nil; and

                            (iv)  for an applicant in a class of persons specified by the Minister in an instrument in writing for this subparagraph, the amount is nil; and

                    (aa)  in relation to an application for a Subclass 600 (Visitor) visa in the Frequent Traveller stream--first instalment (payable at the time the application is made): the base application charge is $1 120; and

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

Note:          Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                   Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

Tourist stream--additional requirements

             (3)  For an applicant seeking to satisfy the primary criteria for a Subclass 600 (Visitor) visa in the Tourist stream, the requirements in the table must be met.

 

Requirements

Item

Requirements

1

An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

2

T he applicant may be in or outside Australia.

3

The applicant may make an oral application for the visa only if the applicant:

(a) is in Australia (but not in immigration clearance); and

(b) holds:

(i)   a Subclass 600 (Visitor) visa; or

(ii)  a Subclass 676 (Tourist) visa

Note:          Regulation 2.09 deals with oral applications.

Sponsored Family stream--additional requirements

             (4)  For an applicant seeking to satisfy the primary criteria for a Subclass 600 (Visitor) visa in the Sponsored Family stream, the requirements in the table must be met.

Requirements

Item

Requirements

1

An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

2

The applicant must be outside Australia

Business Visitor stream--additional requirements

             (5)  For an applicant seeking to satisfy the primary criteria for a Subclass 600 (Visitor) visa in the Business Visitor stream, the requirements in the table must be met.

Requirements

Item

Requirements

1

An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

2

The applicant must be outside Australia

Approved Destination Status stream--additional requirements

             (6)  For an applicant seeking to satisfy the primary criteria for a Subclass 600 (Visitor) visa in the Approved Destination Status stream, the requirements in the table must be met.

Requirements

Item

Requirements

1

The applicant must be a citizen of PRC

2

The applicant must be in PRC at the time of application

3

The applicant must be intending to travel to Australia as a member of a tour organised by a travel agent specified by the Minister in an instrument in writing for this item

4

An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

Frequent Traveller stream--additional requirements

          (6A)  For an applicant seeking to satisfy the primary criteria for a Subclass 600 (Visitor) visa in the Frequent Traveller stream, the requirements in the table must be met.

 

Requirements

Item

Requirements

1

An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for the purposes of this item under subregulation 2.07(5)

2

The applicant must be:

(a) outside Australia; and

(b) if a place is specified by the Minister in a legislative instrument made for the purposes of this item under subregulation 2.07(5)--in the specified place

3

The applicant must hold a valid passport of a kind specified by the Minister in a legislative instrument made for the purposes of this item under subregulation 2.07(5).

Subclasses

             (7)  Subclasses:

                            Subclass 600   (Visitor)

1237   Temporary Activity (Class GG)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for the purposes of this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

                              (i)  for an applicant in a class of persons specified by the Minister in a legislative instrument made for the purposes of this subparagraph under subregulation 2.07(5), the amount is nil; and

                             (ii)  for an applicant whose application is combined with an application made by a person referred to in subparagraph (i), the amount is nil; and

                            (iii)  for an applicant in a class of persons specified by the Minister in a legislative instrument made for the purposes of this subparagraph under subregulation 2.07(5):

 

First instalment

Item

Component

Amount

1

Base application charge

$80

2

Additional applicant charge for an applicant who is at least 18

$80

3

Additional applicant charge for an applicant who is less than 18

$25

 

                            (iv)  for any other applicant:

 

First instalment

Item

Component

Amount

1

Base application charge

$325

2

Additional applicant charge for an applicant who is at least 18

$325

3

Additional applicant charge for an applicant who is less than 18

$80

 

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

Note 1:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

Note 2:       Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and who has combined the application with that applicant's application.

Additional requirements

             (3)  The requirements in the table must be met.

 

Requirements

Item

Requirements

1

An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for the purposes of this item under subregulation 2.07(5)

2

An applicant may be in or outside Australia, but not in immigration clearance

3

If an applicant:

(a) is seeking to satisfy the criterion in clause 408.219A of Schedule 2 on the basis of a clause in Subdivision 408.22 of Schedule 2 other than clause 408.229 (Australian Government endorsed events); and

(b) either:

(i) is in Australia; or

(ii) is outside Australia, and states on the application form that the proposed length of stay in Australia exceeds 3 months;

the application must meet the requirement in subitem (4) or (5) of this item

4

If an applicant holds a substantive visa, the visa must not be:

(a) a permanent visa; or

(b) a Subclass 403 (Temporary Work (International Relations)) visa in the Domestic Worker (Diplomatic or Consular) stream; or

(c) a Subclass 771 (Transit) visa; or

(d) a special purpose visa; or

(e) a temporary visa specified by the Minister in a legislative instrument made for the purposes of this paragraph under subregulation 2.07(5)

5

If an applicant is in Australia and does not hold a substantive visa:

(a) the applicant must have held a substantive visa; and

(b) the last substantive visa held by the applicant must not have been:

(i) a Subclass 403 (Temporary Work (International Relations)) visa in the Domestic Worker (Diplomatic or Consular) stream; or

(ii) a Subclass 771 (Transit) visa; or

(iii) a special purpose visa; and

(c) the application must be made:

(i) within 28 days after the day when the last substantive visa held by the applicant ceased to be in effect; or

(ii) if that last substantive visa was cancelled, and the Tribunal has made a decision to set aside and substitute the cancellation decision or the Minister's decision not to revoke the cancellation--within 28 days after the day when the applicant is taken, under section 368D or 379C of the Act, to have been notified of the Tribunal's decision

6

An applicant seeking to satisfy the primary criteria must declare in the application (the primary application ) whether or not each of the following:

(a) the applicant;

(b) any person who has made a combined application with the applicant;

has engaged in conduct, in relation to the primary application or the combined application, that constitutes a contravention of subsection 245AS(1) of the Act

             (4)  For the purposes of item 3 of the table in subitem (3), an application meets the requirement in this subitem if the application specifies a person who has agreed to be the applicant's sponsor in relation to the application, and the person is:

                     (a)  a temporary activities sponsor; or

                     (b)  a person who has applied for approval as a temporary activities sponsor, but whose application has not yet been decided.

             (5)  For the purposes of item 3 of the table in subitem (3), an application lodged on or before 18 May 2017 meets the requirement in this subitem if the application specifies a person who has agreed to be the applicant's sponsor in relation to the application, and the person is:

                     (a)  a long stay activity sponsor; or

                     (b)  a training and research sponsor; or

                     (c)  a special program sponsor; or

                     (d)  an entertainment sponsor; or

                     (e)  a superyacht crew sponsor; or

                      (f)  a person who has applied for approval as a sponsor mentioned in any of paragraphs (a) to (e), but whose application has not yet been decided.

             (6)  An application by a person claiming to be a member of the family unit of a person (the primary applicant ) who is an applicant for a Temporary Activity (Class GG) visa may be made at the same time and place as, and combined with, an application by the primary applicant or any other member of the family unit who claims to be a member of the family unit of the primary applicant.

             (7)  Subclasses:

                            Subclass 408   (Temporary Activity)

1238   Training (Class GF)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for the purposes of this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

 

First instalment

Item

Component

Amount

1

Base application charge

$325

2

Additional applicant charge for an applicant who is at least 18

$325

3

Additional applicant charge for an applicant who is less than 18

$80

 

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

Note 1:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

Note 2:       Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

Additional requirements

             (3)  The requirements in the table must be met.

 

Requirements

Item

Requirements

1

An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for the purposes of this item under subregulation 2.07(5)

2

An applicant may be in or outside Australia, but not in immigration clearance

3

An application must specify the person who has agreed to be the applicant's approved sponsor

4

The person specified in an application for the purposes of item 3 must be:

(a) a temporary activities sponsor, or a person who has applied for approval as a temporary activities sponsor but whose application has not yet been decided; or

(b) for an application lodged on or before 18 May 2017--a professional development sponsor or a training and research sponsor, or a person who has applied for approval as a professional development sponsor or a training and research sponsor but whose application has not yet been decided

5

If the person specified in an application for the purposes of item 3 is not a Commonwealth agency:

(a) in a case where the person is an approved sponsor of a kind referred to in item 4:

(i) the person must have nominated a program of occupational training in relation to the applicant under paragraph 140GB(1)(b) of the Act; and

(ii) if a decision in respect of the nomination has been made under subsection 140GB(2) of the Act, the nomination must have been approved under that subsection and the approval must not have ceased under regulation 2.75A; and

(iii) the application must identify the nomination; or

(b) in a case where the person has applied for approval as a sponsor of a kind referred to in item 4, but the application has not yet been decided:

(i) the person must have made a nomination of a program of occupational training in relation to the applicant that would be a nomination under paragraph 140GB(1)(b) of the Act if the person were an approved sponsor of a kind referred to in item 4; and

(ii) the application must identify the nomination

6

If an applicant holds a substantive visa, the visa must not be:

(a) a permanent visa; or

(b) a Subclass 403 (Temporary Work (International Relations)) visa in the Domestic Worker (Diplomatic or Consular) stream; or

(c) a Subclass 771 (Transit) visa; or

(d) a special purpose visa; or

(e) a temporary visa specified by the Minister in a legislative instrument made for the purposes of this paragraph under subregulation 2.07(5)

7

If an applicant is in Australia and does not hold a substantive visa:

(a) the applicant must have held a substantive visa; and

(b) the last substantive visa held by the applicant must not have been:

(i) a Subclass 403 (Temporary Work (International Relations)) visa in the Domestic Worker (Diplomatic or Consular) stream; or

(ii) a Subclass 771 (Transit) visa; or

(iii) a special purpose visa; and

(c) the application must be made:

(i) within 28 days after the day when the last substantive visa held by the applicant ceased to be in effect; or

(ii) if that last substantive visa was cancelled, and the Tribunal has made a decision to set aside and substitute the cancellation decision or the Minister's decision not to revoke the cancellation--within 28 days after the day when the applicant is taken, under section 368D or 379C of the Act, to have been notified of the Tribunal's decision

8

An applicant seeking to satisfy the primary criteria must declare in the application (the primary application ) whether or not each of the following:

(a) the applicant;

(b) any person who has made a combined application with the applicant;

has engaged in conduct, in relation to the primary application or the combined application, that constitutes a contravention of subsection 245AS(1) of the Act

             (4)  An application by a person claiming to be a member of the family unit of a person (the primary applicant ) who is an applicant for a Training (Class GF) visa may be made at the same time and place as, and combined with, an application by that person or any other member of the family unit who claims to be a member of the family unit of the primary applicant.

             (5)  Subclasses:

                            Subclass 407   (Training)

1239   Family (Temporary) (Class GH)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for the purposes of this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made)--the base application charge is $1 050; and

                     (b)  second instalment (payable before grant of the visa):

 

Second instalment

Item

Period of effect

Amount

1

If the date to be specified by the Minister under paragraph 870.511(1)(b) of Schedule 2 in relation to the applicant's visa will not be more than 3 years after the day the visa is granted

$4 190

2

In all other cases

$9 430

 

Note:          Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for the purposes of this item under subregulation 2.07(5).

                     (b)  The applicant does not hold a Subclass 870 (Sponsored Parent (Temporary)) visa.

                     (c)  The applicant is at least 18.

                     (d)  The application specifies the person who is the parent sponsor of the applicant.

                     (e)  Either:

                              (i)  the applicant is outside Australia; or

                             (ii)  the applicant has been permitted by the Minister to apply for a Subclass 870 (Sponsored Parent (Temporary)) visa while in Australia (but not in immigration clearance).

                      (f)  The total period of effect of the Subclass 870 (Sponsored Parent (Temporary)) visas (if any) previously held by the applicant is less than 10 years.

             (4)  Subclasses:

                    870  (Sponsored Parent (Temporary))

1240   Temporary Skill Shortage (Class GK)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for the purposes of this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

                              (i)  subject to subparagraph (iii), for:

                                        (A)  an applicant seeking to satisfy the criteria for the grant of a Subclass 482 (Temporary Skill Shortage) visa in the Short-term stream; or

                                        (B)  an applicant whose application is combined with an application made by a person mentioned in sub-subparagraph (A); or

                                        (C)  an applicant seeking to satisfy the secondary criteria for the grant of a Subclass 482 (Temporary Skill Shortage) visa who claims to be a member of the family unit of a person who holds a Subclass 482 (Temporary Skill Shortage) visa in the Short-term stream:

 

First instalment

Item

Component

Amount

1

Base application charge

$1 330

2

Additional applicant charge for an applicant who is at least 18

$1 330

3

Additional applicant charge for an applicant who is less than 18

$335

 

                             (ii)  subject to subparagraph (iii), for any other applicant:

 

First instalment

Item

Component

Amount

1

Base application charge

$2 770

2

Additional applicant charge for an applicant who is at least 18

$2 770

3

Additional applicant charge for an applicant who is less than 18

$695

 

                            (iii)  for an applicant in a class of persons specified in a legislative instrument made for the purposes of this subparagraph under subregulation 2.07(5), the amount is nil;

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

Note 1:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

Note 2:       Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for the purposes of this item under subregulation 2.07(5).

                     (b)  If:

                              (i)  the application is for a Subclass 482 (Temporary Skill Shortage) visa in the Short-term stream; and

                             (ii)  either the applicant is not covered by subitem (3A) and has held 2 or more Subclass 482 (Temporary Skill Shortage) visas in the Short-term stream or the applicant is covered by subitem (3A) and has held 3 or more Subclass 482 (Temporary Skill Shortage) visas in the Short-term stream; and

                            (iii)  the applicant was in Australia when the application for the most recent Subclass 482 (Temporary Skill Shortage) visa in the Short-term stream held by the applicant was made; and

                            (iv)  it would not be inconsistent with any international trade obligation of Australia to require the applicant to be outside Australia;

                            the applicant must be outside Australia.

                     (c)  Any other applicant for a Subclass 482 (Temporary Skill Shortage) visa may be in or outside Australia, but not in immigration clearance.

                     (d)  An applicant in Australia must hold:

                              (i)  a substantive visa; or

                             (ii)  a Subclass 010 (Bridging A) visa; or

                            (iii)  a Subclass 020 (Bridging B) visa; or

                            (iv)  a Subclass 030 (Bridging C) visa.

                     (e)  An application by an applicant who:

                              (i)  seeks to satisfy the secondary criteria for the grant of a Subclass 482 (Temporary Skill Shortage) visa; and

                             (ii)  claims to be a member of the family unit of a person who seeks to satisfy the primary criteria for the grant of a Subclass 482 (Temporary Skill Shortage) visa (the primary applicant );

                            may be made at the same time and place as, and combined with, an application by the primary applicant or any other applicant who claims to be a member of the family unit of the primary applicant.

                      (f)  If the applicant seeks to satisfy the primary criteria for the grant of a Subclass 482 (Temporary Skill Shortage) visa:

                              (i)  a person must have nominated a proposed occupation (the nominated occupation ) in relation to the applicant for a Subclass 482 (Temporary Skill Shortage) visa in a stream; and

                             (ii)  the application must be for a Subclass 482 (Temporary Skill Shortage) visa in the stream for which the nominated occupation was nominated; and

                            (iii)  the application must identify the nomination; and

                            (iv)  one of the following must apply:

                                        (A)  the nomination has been approved under section 140GB of the Act and the approval of the nomination has not ceased under regulation 2.75;

                                        (B)  a decision in respect of the nomination has not been made under section 140GB of the Act; and

                             (v)  the person who made the nomination must not be the subject of a bar under section 140M of the Act.

                     (g)  If:

                              (i)  the application is by a person seeking to satisfy the primary criteria for the grant of a Subclass 482 (Temporary Skill Shortage) visa; and

                             (ii)  the nominated occupation in relation to the applicant is specified in a legislative instrument made by the Minister for the purposes of this paragraph; and

                            (iii)  the applicant is in a class of persons specified in the legislative instrument for the occupation;

                            then:

                            (iv)  an assessing authority specified in the legislative instrument as the assessing authority for the occupation must have assessed the applicant's skills as suitable for the occupation, on the basis of a type of assessment specified in the legislative instrument and within the period specified in the legislative instrument; or

                             (v)  both of the following must apply:

                                        (A)  the applicant has made an arrangement with the assessing authority specified in the legislative instrument as the assessing authority for the occupation to assess the applicant's skills, on the basis of a type of assessment specified in the legislative instrument;

                                        (B)  the assessing authority has not completed the assessment.

                     (h)  Paragraph (g) does not limit subclause 482.212(3) or (4) of Schedule 2.

          (3A)  This subitem covers an applicant if:

                     (a)  during the period beginning on 1 February 2020 and ending at the end of 14 December 2021, the applicant was in Australia as the holder of a Subclass 482 (Temporary Skill Shortage) visa in the Short-term stream for one or more periods that total at least 12 months; and

                     (b)  the application referred to in subparagraph (3)(b)(i) is made before:

                              (i)  1 July 2023, unless subparagraph (ii) applies; or

                             (ii)  if the Minister has specified a later day in an instrument under subitem (3B)--that later day.

          (3B)  The Minister may, by legislative instrument, specify a day for the purposes of subparagraph (3A)(b)(ii).

             (4)  Subclasses:

                    482  (Temporary Skill Shortage)

1241   Skilled Work Regional (Provisional) (Class PS)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for the purposes of this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

 

First instalment

Item

Component

Amount

1

Base application charge

$4 240

2

Additional applicant charge for an applicant who is at least 18

$2 120

3

Additional applicant charge for an applicant who is less than 18

$1 060

Note 1:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

Note 2:       Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  second instalment (payable before grant of visa):

 

Second instalment

Item

Applicant

Amount

1

Applicant who:

(a) was at least 18 at the time of application; and

(b) is assessed as not having functional English

$4,890

2

Any other applicant

Nil

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for the purposes of this item under subregulation 2.07(5).

                     (b)  An applicant may be in or outside Australia, but not in immigration clearance.

                     (c)  An applicant in Australia must hold:

                              (i)  a substantive visa; or

                             (ii)  a Subclass 010 (Bridging A) visa; or

                            (iii)  a Subclass 020 (Bridging B) visa; or

                            (iv)  a Subclass 030 (Bridging C) visa.

                     (d)  An application by a person claiming to be a member of the family unit of a person who is an applicant for a Skilled Work Regional (Provisional) (Class PS) visa may be made at the same time as, and combined with, an application by that person.

             (4)  An applicant seeking to satisfy the primary criteria for the grant of a Subclass 491 (Skilled Work Regional (Provisional)) visa must meet the requirements in the table.

 

Requirements for applicants seeking to satisfy primary criteria

Item

Requirements

1

The applicant must have been invited, in writing, by the Minister to apply for the visa

2

The applicant must apply for that visa within the period stated in the invitation

3

The applicant must not have turned 45 at the time of the invitation to apply for the visa

4

The applicant must nominate a skilled occupation:

(a) that is specified in an instrument under subitem (5) at the time of the invitation; and

(b) that is specified in the invitation as the skilled occupation which the applicant may nominate; and

(c) for which the applicant declares in the application that the applicant's skills have been assessed as suitable by the relevant assessing authority for the skilled occupation and that the assessment is not for a Subclass 485 (Temporary Graduate) visa

5

The applicant:

(a) is nominated by a State or Territory government agency and that nomination has not been withdrawn; or

(b) declares in the application that the applicant is sponsored by a person who:

(i) has turned 18; and

(ii) is an Australian citizen, Australian permanent resident or eligible New Zealand citizen

6

If the applicant declares in the application that the applicant (the primary applicant ) is sponsored by a person (the sponsor ) mentioned in paragraph (b) of item 5 of this table, the applicant also declares that:

(a) the sponsor is usually resident in a designated regional area; and

(b) the sponsor is related to the primary applicant, or the primary applicant's spouse or de facto partner (if the primary applicant's spouse or de facto partner is also an applicant for the grant of a Subclass 491 (Skilled Work (Provisional)) visa), as:

(i) a parent; or

(ii) a child or step-child; or

(iii) a brother, sister, adoptive brother, adoptive sister, step-brother or step-sister; or

(iv) an aunt, uncle, adoptive aunt, adoptive uncle, step-aunt or step-uncle; or

(v) a nephew, niece, adoptive nephew, adoptive niece, step-nephew or step-niece; or

(vi) a grandparent; or

(vii) a first cousin; and

(c) each person who is also an applicant for the grant of a Subclass 491 (Skilled Work (Provisional)) visa, and claims to be a member of the family unit of the primary applicant, is sponsored by the sponsor

7

The applicant declares in the application that each of the following has a genuine intention to live, work and study in a designated regional area:

(a) the applicant;

(b) each person who is also an applicant for the grant of a Subclass 491 (Skilled Work Regional (Provisional)) visa and claims to be a member of the family unit of the applicant

             (5)  The Minister may, by legislative instrument, specify skilled occupations for the purposes of item 4 of the table in subitem (4).

             (6)  Subclasses:

                    491  ( Skilled Work Regional (Provisional))

1242   Skilled Employer Sponsored Regional (Provisional) (Class PE)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for the purposes of this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

 

First instalment

Item

Component

Amount

1

Base application charge

$4 240

2

Additional applicant charge for an applicant who is at least 18

$2 120

3

Additional applicant charge for an applicant who is less than 18

$1 060

Note 1:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

Note 2:       Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  the second instalment (payable before grant of visa):

 

Second instalment

Item

Applicant

Amount

1

Applicant:

(a) who was at least 18 at the time of application; and

(b) who is assessed as not having functional English; and

(c) who satisfies the primary criteria for the grant of a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa; and

(d) to whom item 3 does not apply

$9,800

2

Applicant:

(a) who was at least 18 at the time of application; and

(b) who is assessed as not having functional English; and

(c) who satisfies the secondary criteria for the grant of a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa; and

(d) to whom item 3 does not apply

$4,890

3

Applicant who:

(a) satisfies the primary criteria for the grant of a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa on the basis of a nomination of the occupation of Minister of Religion; or

(b) is a member of the family unit of an applicant referred to in paragraph (a)

Nil

4

Any other applicant

Nil

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for the purposes of this item under subregulation 2.07(5).

                     (b)  An applicant may be in or outside Australia, but not in immigration clearance.

                     (c)  An applicant in Australia must hold:

                              (i)  a substantive visa; or

                             (ii)  a Subclass 010 (Bridging A) visa; or

                            (iii)  a Subclass 020 (Bridging B) visa; or

                            (iv)  a Subclass 030 (Bridging C) visa.

                     (d)  An application by a person claiming to be a member of the family unit of a person who is an applicant for a Skilled Employer Sponsored Regional (Provisional) (Class PE) visa may be made at the same time as, and combined with, an application by that person.

             (4)  An applicant seeking to satisfy the primary criteria for the grant of a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa must meet the requirements in the table.

 

Requirements for applicants seeking to satisfy primary criteria

Item

Requirements

1

A person must have nominated a proposed occupation (the nominated occupation ) in relation to the applicant for a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa in a stream

2

The application must be for a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa in the stream for which the nominated occupation was nominated

3

The application must identify the nomination

4

One of the following must apply:

(a) the nomination has been approved under section 140GB of the Act and the approval of the nomination has not ceased under regulation 2.75B;

(b) a decision in respect of the nomination has not been made under section 140GB of the Act

5

The person who made the nomination must not be the subject of a bar under section 140M of the Act

6

The applicant must declare in the application (the primary application ) whether or not either:

(a) the applicant; or

(b) any person who has made a combined application with the applicant;

has engaged in conduct, in relation to the primary application or the combined application, that constitutes a contravention of subsection 245AS(1) of the Act

             (5)  Subject to subitem (6), an applicant seeking to satisfy the primary criteria for the grant of a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa in the Employer Sponsored stream must declare in the application that:

                     (a)  the applicant's skills have been assessed as suitable by the person or body specified by the Minister under subclause 494.224(6) of Schedule 2 as the assessing authority for the nominated occupation; and

                     (b)  the assessment is not for a Subclass 485 (Temporary Graduate) visa.

             (6)  Subitem (5) does not apply in circumstances specified by the Minister in a legislative instrument made for the purposes of this subitem under subregulation 2.07(5).

             (7)  Subclasses:

                    494  (Skilled Employer Sponsored Regional (Provisional))

Part 3 -- Bridging visas

   

1301   Bridging A (Class WA)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

 

First instalment

Item

Component

Amount

1

Base application charge

Nil

2

Additional applicant charge for an applicant who is at least 18

Nil

3

Additional applicant charge for an applicant who is less than 18

Nil

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

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

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  Applicant must be in Australia but not in immigration clearance.

                     (c)  Either:

                              (i)  the applicant has made a valid application for a substantive visa that has not been finally determined; or

                             (ii)  application has been made, within statutory time limits, for judicial review of a decision in relation to the applicant's substantive visa application, and the judicial review proceedings (including proceedings on appeal, if any) have not been completed.

                     (d)  Applicant must:

                              (i)  hold a substantive visa; or

                             (ii)  hold a Bridging A (Class WA) or Bridging B (Class WB) visa and have held a substantive visa when he or she made the substantive visa application; or

                            (iii)  have held a substantive visa when he or she made the substantive visa application referred to in paragraph (c); or

                            (iv)  have previously held a Bridging A (Class WA) visa granted under regulation 2.21A in respect of the substantive visa referred to in paragraph (c).

                     (e)  If the last substantive visa held by the applicant was cancelled:

                              (i)  the decision to cancel that visa has been set aside by the Tribunal; or

                             (ii)  if that visa was cancelled under section 137J of the Act:

                                        (A)  the cancellation has been revoked; or

                                        (B)  a decision not to revoke the cancellation has been set aside by the Tribunal.

                      (f)  Applicant is not in immigration detention or criminal detention.

                     (g)  Application by a person claiming to be a member of the family unit of a person who is an applicant for a Bridging A (Class WA) visa may be made at the same time and place as, and combined with, the application by that person.

             (4)  Subclasses:

                    010  (Bridging A)

Note 1:       The Minister must grant a Bridging A (Class WA) visa in the circumstances set out in regulation 2.21A.

Note 2:       Regulation 2.07A sets out the circumstances in which an application for a substantive visa on a form mentioned in this item is not a valid application for a Bridging A (Class WA), Bridging C (Class WC) or Bridging E (Class WE) visa.

1302   Bridging B (Class WB)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

 

First instalment

Item

Component

Amount

1

Base application charge

$165

2

Additional applicant charge for an applicant who is at least 18

Nil

3

Additional applicant charge for an applicant who is less than 18

Nil

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

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

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  Applicant must be in Australia but not in immigration clearance.

                   (ba)  Applicant must be a person who is immigration cleared.

                   (bb)  Applicant must not be:

                              (i)  the holder of a Subclass 785 (Temporary Protection) visa, including a Subclass 785 (Temporary Protection) visa granted before 2 December 2013; or

                             (ii)  a person whose last substantive visa was a Subclass 785 (Temporary Protection) visa, including a Subclass 785 (Temporary Protection) visa granted before 2 December 2013; or

                            (iii)  the holder of a Subclass 790 (Safe Haven Enterprise) visa; or

                            (iv)  a person whose last substantive visa was a Subclass 790 (Safe Haven Enterprise) visa.

                     (c)  Applicant is not in immigration detention or criminal detention.

                     (d)  Application by a person claiming to be a member of the family unit of a person who is an applicant for a Bridging B (Class WB) visa may be made at the same time and place as, and combined with, the application by that person.

             (4)  Subclasses:

                    020  (Bridging B)

1303   Bridging C (Class WC)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

 

First instalment

Item

Component

Amount

1

Base application charge

Nil

2

Additional applicant charge for an applicant who is at least 18

Nil

3

Additional applicant charge for an applicant who is less than 18

Nil

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

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

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  Applicant must be in Australia but not in immigration clearance.

                     (c)  Either:

                              (i)  the applicant has made a valid application for a substantive visa that has not been finally determined; or

                             (ii)  both of the following apply:

                                        (A)  application has been made, within statutory time limits, for judicial review of a decision in relation to the applicant's substantive visa application, and the judicial proceedings (including proceedings on appeal, if any) have not been completed;

                                        (B)  the applicant held a Bridging C (Class WC) visa granted on the basis of the applicant's substantive visa application.

                    (ca)  Applicant must be:

                              (i)  a person who is immigration cleared; or

                             (ii)  an eligible non-citizen referred to in subregulation 2.20(6).

                     (d)  Applicant:

                              (i)  was not the holder of a substantive visa when he or she made the substantive visa application referred to in paragraph (c); and

                             (ii)  does not hold a Bridging E (Class WE) visa; and

                            (iii)  has not held a Bridging E (Class WE) visa since he or she last held a substantive visa.

                     (e)  Applicant is not in immigration detention or in criminal detention and has not escaped from either immigration detention or criminal detention.

                      (f)  Application by a person claiming to be a member of the family unit of a person who is an applicant for a Bridging C (Class WC) visa may be made at the same time and place as, and combined with, the application by that person.

             (4)  Subclasses:

                    030  (Bridging C)

Note:          Regulation 2.07A sets out the circumstances in which an application for a substantive visa made on a form mentioned in this item is not a valid application for a Bridging A (Class WA), Bridging C (Class WC) or Bridging E (Class WE) visa.

1304   Bridging D (Class WD)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

 

First instalment

Item

Component

Amount

1

Base application charge

Nil

2

Additional applicant charge for an applicant who is at least 18

Nil

3

Additional applicant charge for an applicant who is less than 18

Nil

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

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

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  Applicant must be in Australia but not in immigration clearance.

                   (ba)  Applicant must be:

                              (i)  a person who is immigration cleared; or

                             (ii)  an eligible non-citizen referred to in subregulation 2.20(6).

                     (c)  Applicant is not in immigration detention or criminal detention.

                     (d)  Application by a person claiming to be a member of the family unit of a person who is an applicant for a Bridging D (Class WD) visa may be made at the same time and place as, and combined with, the application by that person.

             (4)  Subclasses:

                    040  (Bridging (Prospective Applicant))

                    041  (Bridging (Non-applicant))

1305   Bridging E (Class WE)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

 

First instalment

Item

Component

Amount

1

Base application charge

Nil

2

Additional applicant charge for an applicant who is at least 18

Nil

3

Additional applicant charge for an applicant who is less than 18

Nil

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

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

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  Applicant must be in Australia but not in immigration clearance.

                   (ba)  Applicant must be an eligible non-citizen within the meaning of section 72 of the Act.

                     (c)  If applicant is in immigration detention, an officer appointed under subregulation 2.10A(2) as a detention review officer for the State or Territory in which the applicant is detained has been informed of the application.

                     (d)  Application by a person claiming to be a member of the family unit of a person who is an applicant for a Bridging E (Class WE) visa may be made at the same time and place as, and combined with, the application by that person.

                     (e)  If the applicant has applied at the same time and on the same form for a substantive visa, the application for the substantive visa is valid.

                      (f)  The applicant has not previously held a Bridging E (Class WE) visa that has been cancelled by reason of a failure to comply with condition 8564 or 8566.

                     (g)  The applicant has not previously held a visa that has been cancelled on a ground specified in paragraph 2.43(1)(p) or (q).

             (4)  Subclasses:

                    050  (Bridging (General))

                    051  (Bridging (Protection Visa Applicant))

Note:          Regulation 2.07A sets out the circumstances in which an application for a substantive visa made on a form mentioned in this item is not a valid application for a Bridging A (Class WA), Bridging C (Class WC) or Bridging E (Class WE) visa.

1306   Bridging F (Class WF)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

 

First instalment

Item

Component

Amount

1

Base application charge

Nil

2

Additional applicant charge for an applicant who is at least 18

Nil

3

Additional applicant charge for an applicant who is less than 18

Nil

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

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

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  Applicant must be in Australia but not in immigration clearance.

                     (c)  One of the following subparagraphs applies in relation to the applicant:

                            (ia)  an assistance notice has been issued in relation to the applicant, and the notice has not been revoked;

                              (i)  the applicant does not hold a visa and has not held a Bridging F (Class WF) visa since he or she last entered Australia;

                             (ii)  the applicant:

                                        (A)  does not hold a visa; and

                                        (B)  has held one Bridging F (Class WF) visa since last entering Australia; and

                                        (C)  has not held another visa since holding that visa;

                            (iii)  the applicant holds a Bridging F (Class WF) visa, which is the first Bridging F (Class WF) visa held since he or she last entered Australia.

                     (d)  Either:

                              (i)  an officer of the Australian Federal Police, or of a police force of a State or Territory, has told Immigration, in writing, that the applicant has been identified as a suspected victim of human trafficking, slavery or slavery-like practices; or

                             (ii)  the applicant is a member of the immediate family of a person who an officer of the Australian Federal Police, or of a police force of a State or Territory, has told Immigration, in writing, has been identified as a suspected victim of human trafficking, slavery or slavery-like practices.

Note:       Member of the immediate family is defined in regulation 1.12AA.

                     (e)  An officer of the Australian Federal Police, or of a police force of a State or Territory, has told Immigration, in writing, that suitable arrangements have been made for the care, safety and welfare of the applicant for the proposed period of the visa.

                      (f)  If the applicant is in immigration detention, the authorised officer to whom notice was given under subregulation 2.10B(2) has been informed of the lodgement of the application.

                     (g)  Application by a person claiming to be a member of the immediate family of a person who is an applicant for a Bridging F (Class WF) visa may be made at the same time and place as, and combined with, the application by that person.

             (4)  Subclasses:

                    060  (Bridging F)

Note:          As an alternative to item 1306, an application for a Bridging F (Class WF) visa will be taken to have been validly made by a non-citizen if the application is made in accordance with subregulation 2.20B(2).

1307   Bridging R (Class WR)

             (1)  Application must be taken to have been made in accordance with subregulation 2.20A(2).

             (2)  Visa application charge:

                     (a)  the first instalment (payable at the time the application is made) is nil; and

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

             (3)  Subclasses:

                    070  (Bridging (Removal Pending))

Part 4 -- Protection, Refugee and Humanitarian visas

   

1401   Protection (Class XA)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

 

First instalment

Item

Component

Amount

1

Base application charge

$40

2

Additional applicant charge for an applicant who is at least 18

Nil

3

Additional applicant charge for an applicant who is less than 18

Nil

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

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

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  Applicant must be in Australia.

                     (c)  Application by a person claiming to be a member of the family unit of a person who is an applicant for a Protection (Class XA) visa may be made at the same time and place as, and combined with, the application by that person.

                     (d)  An application by a person for a Protection (Class XA) visa is valid only if the person:

                              (i)  does not hold, and has not ever held, a Subclass 785 (Temporary Protection) visa, including such a visa granted before 2 December 2013; and

                            (ia)  does not hold, and has not ever held, a Safe Haven Enterprise (Class XE) visa; and

                             (ii)  does not hold, and has not ever held, a Temporary Safe Haven (Class UJ) visa; and

                            (iii)  does not hold, and has not ever held, a Temporary (Humanitarian Concern) (Class UO) visa; and

                            (iv)  held a visa that was in effect on the person's last entry into Australia; and

                             (v)  is not an unauthorised maritime arrival; and

                            (vi)  was immigration cleared on the person's last entry into Australia.

          (3A)  If an application for a Protection (Class XA) visa made by a person would (apart from this subitem) be invalid only because subparagraph (3)(d)(iv) is not satisfied, the application is taken to be valid if:

                     (a)  the person was born in the migration zone; and

                     (b)  a parent of the person was an unlawful non-citizen at the time of the person's birth; and

                     (c)  the parent was a lawful non-citizen at the last time before the person's birth when the parent entered the migration zone.

             (4)  Subclasses:

                    866  (Protection)

1402   Refugee and Humanitarian (Class XB)

Note:          Subregulation 2.07AM(3) sets out requirements for the making of applications by persons who are mentioned in subregulation 2.07AM(5).

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

                              (i)  for an applicant whose application includes a proposal by an approved proposing organisation described in Part 202 of Schedule 2:

 

First instalment

Item

Component

Amount

1

Base application charge

$490

2

Additional applicant charge for an applicant who is at least 18

Nil

3

Additional applicant charge for an applicant who is less than 18

Nil

                             (ii)  for any other applicant:

 

First instalment

Item

Component

Amount

1

Base application charge

Nil

2

Additional applicant charge for an applicant who is at least 18

Nil

3

Additional applicant charge for an applicant who is less than 18

Nil

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  second instalment (payable before grant of visa):

 

Second instalment

Item

Applicant

Amount

1

Applicant:

(a) whose application includes a proposal by an approved proposing organisation described in Part 202 of Schedule 2; and

(b) who satisfies the primary criteria for the grant of the visa

$7 270

2

Applicant:

(a) whose application includes a proposal by an approved proposing organisation described in Part 202 of Schedule 2; and

(b) who satisfies the secondary criteria for the grant of the visa

Nil

3

Any other applicant

Nil

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  Applicant must be outside Australia unless the applicant is covered by subitem (3B).

                   (ba)  Applicant must not be a person mentioned in subregulation 2.07AM(5).

                     (c)  Application by a person (the family member ) claiming to be a member of the family unit of a person (the first applicant ) who is an applicant for a Refugee and Humanitarian (Class XB) visa:

                              (i)  if subparagraph (ii) does not apply--may be made at the same time and place as, and combined with, the application by the first applicant; or

                             (ii)  if the first applicant is covered by subitem (3B) and the family member is not covered by subitem (3B)--may not be made at the same time and place as, and combined with, the application by the first applicant.

          (3A)  In addition to subitem (3), for an application that includes a proposal by an approved proposing organisation described in Part 202 of Schedule 2:

                     (a)  the applicant may be a person who made a valid application for a visa, in accordance with form 842, before 1 June 2013 (whether or not the application was accompanied by form 681); and

                     (b)  the application must include form 1417, completed by the approved proposing organisation; and

                     (c)  an application that includes a proposal by an approved proposing organisation must not include form 681.

          (3B)  An applicant is covered by this subitem if, at the time the application is made, the applicant:

                     (a)  holds a Subclass 449 (Humanitarian Stay (Temporary)) visa; and

                     (b)  is in a class of persons specified by the Minister in a legislative instrument made under subitem (3C).

          (3C)  The Minister may, by legislative instrument, specify a class of persons for the purposes of paragraph (3B)(b) if the Minister is satisfied that doing so is appropriate to assist persons residing temporarily in Australia as a result of Australia's response to the humanitarian crisis in Afghanistan in 2021.

             (4)  Subclasses:

                    200  (Refugee)

                    201  (In-country Special Humanitarian)

                    202  (Global Special Humanitarian)

                    203  (Emergency Rescue)

                    204  (Woman at Risk)

1403   Temporary Protection (Class XD)

             (1)  Form: The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

                              (i)  for an applicant who is in immigration detention and has not been immigration cleared:

 

First instalment

Item

Component

Amount

1

Base application charge

Nil

2

Additional applicant charge for an applicant who is at least 18

Nil

3

Additional applicant charge for an applicant who is less than 18

Nil

 

                             (ii)  for any other applicant:

 

First instalment

Item

Component

Amount

1

Base application charge

$40

2

Additional applicant charge for an applicant who is at least 18

Nil

3

Additional applicant charge for an applicant who is less than 18

Nil

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

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

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  Applicant must be in Australia.

                     (c)  Application by a person claiming to be a member of the family unit of a person who is an applicant for a Temporary Protection (Class XD) visa may be made at the same time and place as, and combined with, the application by that person.

                     (d)  An application by a person for a Temporary Protection (Class XD) visa is valid only if the person is unable to make a valid application for a Protection (Class XA) visa and:

                              (i)  holds, or has ever held, a Temporary Protection (Class XD) visa or a Subclass 785 (Temporary Protection) visa, including such a visa granted before 2 December 2013; or

                            (ia)  holds, or has ever held, a Safe Haven Enterprise (Class XE) visa; or

                             (ii)  holds, or has ever held, a Temporary Safe Haven (Class UJ) visa; or

                            (iii)  holds, or has ever held, a Temporary (Humanitarian Concern) (Class UO) visa; or

                            (iv)  did not hold a visa that was in effect on the person's last entry into Australia; or

                             (v)  is an unauthorised maritime arrival; or

                            (vi)  was not immigration cleared on the person's last entry into Australia.

                     (e)  Either:

                              (i)  the applicant has not made a valid application for a Safe Haven Enterprise (Class XE) visa (a SHEV ); or

                             (ii)  the applicant has made a valid application for a SHEV and the SHEV application has been refused (whether or not it has been finally determined) or withdrawn; or

                            (iii)  a SHEV has been granted to the applicant.

Note:       A person to whom subparagraph (ii) applies, whose SHEV application has been refused, is prevented by section 48A of the Act from making the Temporary Protection visa application unless the Minister has made a determination in relation to the person under section 48B of the Act.

                      (f)  The application for the visa was not made at the same time as an application for a SHEV.

             (4)  Subclasses:

                    785  (Temporary Protection)

1404   Safe Haven Enterprise (Class XE)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

                              (i)  for an applicant who is in immigration detention and has not been immigration cleared:

 

First instalment

Item

Component

Amount

1

Base application charge

Nil

2

Additional applicant charge for an applicant who is at least 18

Nil

3

Additional applicant charge for an applicant who is less than 18

Nil

 

                             (ii)  for any other applicant:

 

First instalment

Item

Component

Amount

1

Base application charge

$40

2

Additional applicant charge for an applicant who is at least 18

Nil

3

Additional applicant charge for an applicant who is less than 18

Nil

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

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

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  Applicant must be in Australia.

                     (c)  Application by a person claiming to be a member of the family unit of a person who is an applicant for a Safe Haven Enterprise (Class XE) visa may be made at the same time and place as, and combined with, the application by that person.

                     (d)  An application by a person for a Safe Haven Enterprise (Class XE) visa is valid only if the person is unable to make a valid application for a Protection (Class XA) visa and:

                              (i)  holds, or has ever held, a Temporary Protection (Class XD) visa or a Subclass 785 (Temporary Protection) visa, including such a visa granted before 2 December 2013; or

                             (ii)  holds, or has ever held, a Safe Haven Enterprise (Class XE) visa; or

                            (iii)  holds, or has ever held, a Temporary Safe Haven (Class UJ) visa; or

                            (iv)  holds, or has ever held, a Temporary (Humanitarian Concern) (Class UO) visa; or

                             (v)  did not hold a visa that was in effect on the person's last entry into Australia; or

                            (vi)  is an unauthorised maritime arrival; or

                           (vii)  was not immigration cleared on the person's last entry into Australia.

                     (e)  The application includes an indication, in writing, that the applicant, or a member of the same family unit as the applicant who is also an applicant for a Safe Haven Enterprise (Class XE) visa, intends to work or study while accessing minimum social security benefits in a regional area specified under subclause (4).

                      (f)  Either:

                              (i)  the applicant has not made a valid application for a Temporary Protection (Class XD) visa (a TPV ); or

                             (ii)  the applicant has made a valid application for a TPV, and the TPV application has been refused (whether or not it has been finally determined) or withdrawn; or

                            (iii)  a TPV has been granted to the applicant; or

                            (iv)  the application for the Safe Haven Enterprise (Class XE) visa is made at the same time as an application for a TPV.

Note 1:       A person to whom subparagraph (ii) applies, whose TPV application has been refused, is prevented by section 48A of the Act from making the Safe Haven Enterprise visa application unless the Minister has made a determination in relation to the person under section 48B of the Act.

Note 2:       If subparagraph (iv) applies, the TPV application will be invalid: see paragraph 1403(3)(f).

             (4)  The Minister may, by legislative instrument, specify a regional area for the purposes of these regulations.

Note:          See also regulation 2.06AAB (visa applications by holders and certain former holders of safe haven enterprise visas).

             (5)  Subclasses:

                    790  (Safe Haven Enterprise)


 



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