Commonwealth Numbered Regulations Commonwealth Numbered Regulations
Insert:
"British National (Overseas) passport " means a passport issued by the United Kingdom of Great Britain and Northern Ireland to a person who is identified in the passport as having a form of British nationality described as British National (Overseas).
2 Subclause 482.511(1) of Schedule 2 (paragraph (b) of table item 2, column 1)
Repeal the paragraph, substitute:
(b) on the date of grant of the visa, holds:
(i) a Hong Kong passport in a class specified under subclause (2) of this clause; or
(ii) a British National (Overseas) passport;
3 Subclause 482.511(1) of Schedule 2 (paragraphs (b) and (c) of table item 5, column 1)
Repeal the paragraphs, substitute:
(b) on the date of grant of the primary visa, the primary applicant holds:
(i) a Hong Kong passport; or
(ii) a British National (Overseas) passport; and
(c) if:
(i) the primary visa is a Subclass 482 (Temporary Skill Shortage) visa granted on or after 9 July 2020; and
(ii) on the date of grant of the primary visa, the primary applicant holds a Hong Kong passport and does not hold a British National (Overseas) passport;
the Hong Kong passport is, on the date of grant of the primary visa, in a class specified under subclause (2) of this clause;
4 In the appropriate position in Schedule 13
Insert:
Part 101 -- Amendments made by the Migration Legislation Amendment (Hong Kong) Regulations 2021
Division 1 -- Amendments made by Schedule 1
(1) This clause applies to a Subclass 457 (Temporary Work (Skilled)) visa if:
(a) the visa is in effect on or after 9 July 2020 (whether the visa was granted before, on or after 9 July 2020); and
(b) the visa is granted on the basis that the holder satisfied the primary criteria for the grant of the visa; and
(c) on the date of grant of the visa, the holder holds a British National (Overseas) passport.
(2) This clause also applies to a Subclass 457 (Temporary Work (Skilled)) visa if:
(a) the visa is in effect on or after 9 July 2020 (whether the visa was granted before, on or after 9 July 2020); and
(b) the visa is granted on the basis that the holder satisfied the secondary criteria for the grant of the visa as a member of the family unit of a person (the primary applicant ) who satisfied the primary criteria for the grant of a Subclass 457 (Temporary Work (Skilled)) visa (the primary visa ); and
(c) on the date of grant of the primary visa, the primary applicant holds a British National (Overseas) passport.
(3) Despite former clause 457.511 of Schedule 2 to these Regulations, a visa to which this clause applies is a temporary visa permitting the holder to:
(a) travel to, and enter, Australia on multiple occasions; and
(b) remain in Australia;
during the period that:
(c) starts when the visa comes into effect; and
(d) ends on 8 July 2025.
10102 Subclass 482 visas granted before 9 July 2020
(1) This clause applies to a Subclass 482 (Temporary Skill Shortage) visa if:
(a) the visa was granted before 9 July 2020; and
(b) the visa was granted on the basis that the holder satisfied the primary criteria for the grant of the visa; and
(c) on the date of grant of the visa, the holder held a British National (Overseas) passport; and
(d) the visa did not cease to be in effect before 9 July 2020.
(2) This clause also applies to a Subclass 482 (Temporary Skill Shortage) visa (the secondary visa ) if:
(a) the secondary visa was granted before 9 July 2020; and
(b) the secondary visa was granted on the basis that the holder satisfied the secondary criteria for the grant of the visa as a member of the family unit of a person (the primary applicant ) who satisfied the primary criteria for the grant of one of the following visas (the primary visa ):
(i) a Subclass 457 (Temporary Work (Skilled)) visa;
(ii) a Subclass 482 (Temporary Skill Shortage) visa; and
(c) on the date of grant of the primary visa, the primary applicant held a British National (Overseas) passport; and
(d) the secondary visa did not cease to be in effect before 9 July 2020.
(3) Despite clause 482.511 of Schedule 2 to these Regulations, a visa to which this clause applies is a temporary visa permitting the holder to:
(a) travel to, and enter, Australia on multiple occasions; and
(b) remain in Australia;
during the period that:
(c) started when the visa came into effect; and
(d) ends on 8 July 2025.
10103 Subclass 482 visas granted on or after 9 July 2020
The amendments of clause 482.511 of Schedule 2 to these Regulations made by Schedule 1 to the Migration Legislation Amendment (Hong Kong) Regulations 2021 apply to a Subclass 482 (Temporary Skill Shortage) visa granted on or after 9 July 2020, whether the application for the visa was made before, on or after 9 July 2020.
10104 Subclass 485 visas granted before 9 July 2020
(1) This clause applies to a Subclass 485 (Temporary Graduate) visa if:
(a) the visa was granted before 9 July 2020; and
(b) the visa was granted on the basis that the holder satisfied the primary criteria for the grant of the visa; and
(c) on the date of grant of the visa, the holder held a British National (Overseas) passport; and
(d) the visa did not cease to be in effect before 9 July 2020.
(2) This clause also applies to a Subclass 485 (Temporary Graduate) visa (the secondary visa ) if:
(a) the secondary visa was granted before 9 July 2020; and
(b) the secondary visa was granted on the basis that the holder satisfied the secondary criteria for the grant of the visa as a member of the family unit of a person (the primary applicant ) who satisfied the primary criteria for the grant of a Subclass 485 (Temporary Graduate) visa (the primary visa ); and
(c) on the date of grant of the primary visa, the primary applicant held a British National (Overseas) passport; and
(d) the secondary visa did not cease to be in effect before 9 July 2020.
(3) Despite clause 485.511 of Schedule 2 to these Regulations, a visa to which this clause applies is a temporary visa permitting the holder to:
(a) travel to, and enter, Australia on multiple occasions; and
(b) remain in Australia;
during the period that:
(c) started when the visa came into effect; and
(d) ends on 8 July 2025.
10105 Subclass 485 visas granted on or after 9 July 2020 and before 3 November 2021
(1) This clause applies to a Subclass 485 (Temporary Graduate) visa if:
(a) the visa is granted:
(i) on or after 9 July 2020; and
(ii) before 3 November 2021; and
(b) the visa is granted on the basis that the holder satisfied the primary criteria for the grant of the visa (other than the criteria in clause 485.232 or 485.233 of Schedule 2); and
(c) on the date of grant of the visa, the holder holds a British National (Overseas) passport.
(2) This clause also applies to a Subclass 485 (Temporary Graduate) visa (the secondary visa ) if:
(a) the secondary visa is granted:
(i) on or after 9 July 2020; and
(ii) before 3 November 2021; and
(b) the secondary visa is granted on the basis that the holder satisfied the secondary criteria for the grant of the visa as a member of the family unit of a person (the primary applicant ) who satisfied the primary criteria for the grant of a Subclass 485 (Temporary Graduate) visa (the primary visa ) (other than the criteria in clause 485.232 or 485.233 of Schedule 2); and
(c) on the date of grant of the primary visa, the primary applicant holds a British National (Overseas) passport.
(3) Despite Division 485.5 of Schedule 2, a visa to which this clause applies is a temporary visa permitting the holder to:
(a) travel to, and enter, Australia on multiple occasions; and
(b) remain in Australia;
during the period that:
(c) starts when the visa comes into effect; and
(d) ends at the end of the period of 5 years starting when the visa comes into effect.