Commonwealth Numbered Regulations

MIGRATION AMENDMENT REGULATIONS 2002 (NO. 6) 2002 NO. 230 - SCHEDULE 1

(regulation 3)
Part 1 Amendments of Parts 1 and 2

[1101] Paragraph 1.20 (2) (e)

substitute

(e) if the application is for an Extended Eligibility (Temporary) (Class TK) visa, the sponsor undertakes to assist the applicant, to the extent necessary, financially and in relation to accommodation:

(i)

if the applicant is in Australia — for the 2 years immediately after the visa is granted; or

(ii)

if the applicant is outside Australia — for the 2 years immediately after the applicant's first entry into Australia after the visa is granted.

[1102] Paragraph 2.08B (1) (b)

substitute

(b)

the Minister receives, in writing in accordance with Division 2.3, a request from the original applicant to have a dependent child of the original applicant (the dependent child ) added to the original applicant's application; and

(ba) the request is received:

(i)

for a request in relation to an application other than an application for a Resolution of Status (Temporary) (Class UH) visa — after the application is made but before it is decided; or

(ii)

for a request in relation to an application for a Resolution of Status

(Temporary)

(Class UH) visa — at any time after the application is made; and

Part 2 Amendments of Schedule 1

[1201] Paragraph 1124 (3) (a)

substitute

(a)

Application must be made in Australia but not in immigration clearance.

(aa) Application must be made by:

(i)

posting the application (with the correct pre-paid postage) to the post office box address specified in a Gazette Notice for this subparagraph; or

(ii)

having the application delivered by a courier service to the address specified in a Gazette Notice for this subparagraph.

[1202] Paragraph 1211 (3) (a)

omit

must be made outside Australia.

insert

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

[1203] After item 1224

insert

1224A. Work and Holiday (Temporary) (Class US)

(1)

Form:

1208.

(2) Visa application charge:

(a)

First instalment (payable at the time application is made):

$160

(b)

Second instalment (payable before grant of visa):

Nil.

(3) Other:

(a)

Application must be made outside Australia.

(b)

Applicant must be outside Australia.

(4) Subclasses:

462 (Work and Holiday)

Part 3 Amendments of Schedule 2

[1301] Clause 100.321

substitute

100.321 The applicant:
(a) is the holder of a Subclass 309 (Spouse (Provisional)) visa that was granted on the basis that the applicant was a member of the family unit of another person who was the holder of a Subclass 309 visa, and that other person has been granted a Subclass 100 visa; or
(b) was the holder of a Subclass 309 (Spouse (Provisional)) visa granted before 1 November 1999 that:
(i) has ceased to be in effect because the applicant:
(A) was outside Australia at the end of the 30 month period specified in the Subclass 309 visa for travelling to and entering Australia; or
(B) left Australia after the end of the 30 month period specified in that visa for travelling to and entering Australia; and
(ii) was granted on the basis that the applicant was a member of the family unit of another person who was the holder of a Subclass 309 visa, and that other person has been granted a Subclass 100 visa; or
(c) is the holder of a Subclass 445 (Dependent Child) visa that was granted on the basis that the applicant was the dependent child of a parent who was the holder of a Subclass 309 or 445 visa and who has been granted a Subclass 100 visa.

[1302] Clause 110.321

substitute

110.321 The applicant:
(a) is the holder of a Subclass 310 (Interdependency (Provisional)) visa that was granted on the basis that the applicant was a member of the family unit of another person who was the holder of a Subclass 310 visa, and that other person has been granted a Subclass 110 visa; or
(b) was the holder of a Subclass 310 (Interdependency (Provisional)) visa granted before 1 November 1999 that:
(i) has ceased to be in effect because the applicant:
(A) was outside Australia at the end of the 30 month period specified in the Subclass 310 visa for travelling to and entering Australia; or
(B) left Australia after the end of the 30 month period specified in that visa for travelling to and entering Australia; and
(ii) was granted on the basis that the applicant was a member of the family unit of another person who was the holder of a Subclass 310 visa, and that other person has been granted a Subclass 110 visa; or
(c) is the holder of a Subclass 445 (Dependent Child) visa that was granted on the basis that the applicant was the dependent child of a parent who was the holder of a Subclass 310 or 445 visa and who has been granted a Subclass 110 visa.

[1303] Clause 445.1

omit

For this Part,

insert

445.111 For this Part,

[1304] Clause 445.211

substitute

445.211 The applicant:
(a) is a dependent child of a visa-holding parent; and
(b) is sponsored by the nominator or sponsor of the visa-holding parent.

[1305] Clause 445.411

substitute

445.411 If the application is made outside Australia, the applicant must be outside Australia when the visa is granted.

[1306] After clause 445.411

insert

445.412 If the application is made in Australia, the applicant must be in Australia when the visa is granted.

[1307] After Part 461

insert

Subclass 462 Work and Holiday
462.1 Interpretation
462.111 In this Part:
"degree" means:
(a) a degree within the meaning of subregulation 2.26A (6); or
(b) a formal educational qualification that is of an equivalent standard to a degree within the meaning of subregulation 2.26A (6), awarded by an educational institution outside Australia.
"diploma" means:
(a) a diploma within the meaning of subregulation 2.26A (6); or
(b) a formal educational qualification that is of an equivalent standard to a diploma within the meaning of subregulation 2.26A (6), awarded by an educational institution outside Australia.
"usual occupation" means an occupation that the applicant has engaged in for gain or reward for a continuous period of at least 6 months during the 2 years immediately before the application for the visa.
Note
AusAID recipient and AusAID student are defined in regulation 1.03.
462.2 Primary criteria
Note    All applicants must satisfy the primary criteria.
462.21 Criteria to be satisfied at time of application
462.211 The applicant:
(a) has no dependent children; and
(b) is at least 18 but has not turned 31; and
(c) holds a valid passport issued by a foreign country mentioned in a Gazette Notice made under paragraph 462.212 (a) or (b).
Note
foreign country is defined in paragraph 22 (1) (f) of the Acts Interpretation Act 1901 .
462.212 The application is made:
(a) if the applicant holds a valid passport issued by a foreign country specified in a Gazette Notice for this paragraph - in any foreign country; or
(b) if the applicant holds a valid passport issued by a foreign country specified in a Gazette Notice for this paragraph - in the foreign country specified in the Notice for that kind of passport.
462.213 (1)
The applicant has provided with the application a letter:
(a) from the government of a foreign country with which the Australian Government has an arrangement mentioned in clause 462.216; and
(b) that includes a statement to the effect that the government of the foreign country has agreed to the applicant's stay in Australia under the arrangement.
(2)
The applicant holds a valid passport issued by the foreign country mentioned in subclause (1).
462.214 The applicant has not previously entered Australia as the holder of a visa of this class or subclass.
462.215 The Minister is satisfied that the applicant has at least functional English.
Note
functional English is defined in subsection 5 (2) of the Act.
462.216 The Minister is satisfied that the application meets the requirements of an arrangement between the Australian Government and the government of a foreign country specified in a Gazette Notice made under paragraph 462.212 (a) or (b).
462.217 The Minister is satisfied that the applicant:
(a) seeks to enter or remain in Australia as a genuine visitor whose principal purpose is to spend a holiday in Australia; and
(b) has sufficient money for:
(i) the fare to the applicant's intended overseas destination on leaving Australia; and
(ii) personal support for the purposes of a working holiday; and
(c) has a reasonable prospect of obtaining employment in Australia.
462.22 Criteria to be satisfied at time of decision
462.221 The applicant:
(a) continues to satisfy the criteria in paragraphs 462.211 (a) and (c) and clauses 462.215, 462.216 and 462.217; and
(b) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4011, 4013 and 4014; and
(c) is the holder of a diploma or a degree; and
(d) has been employed in an occupation:
(i) that is the applicant's usual occupation; and
(ii) that is an occupation for which, in Australia, a diploma or degree is required; and
(e) is not an AusAID student or an AusAID recipient.
462.222 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
462.223 The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.
462.3 Secondary criteria
Note
All applicants must meet the primary criteria.
462.4 Circumstances applicable to grant
462.411 The applicant must be outside Australia at the time of grant.
462.5 When visa is in effect
462.511 Temporary visa permitting the holder:
(a) to travel to and enter Australia within 3 months after the date of the grant of the visa; and
(b) to travel to, enter and remain in Australia until 12 months after the date of first entry to Australia.
462.6 Conditions
462.611 Conditions 8108, 8201 and 8503.
462.612 Any 1 or more of conditions 8303, 8501 and 8516 may be imposed.
462.7 Way of giving evidence
462.711 Visa label affixed to a valid passport.

[1308] Subparagraph 801.321 (a) (i)

omit

Subclass 820 visa; or

insert

Subclass 445 or 820 visa; or

[1309] Subdivision 814.31, second occurring, heading

substitute

814.32 Criteria to be satisfied at time of decision

[1310] Subparagraph 814.321 (a) (i)

omit

Subclass 826 visa; or

insert

Subclass 445 or 826 visa; or