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LIN 19/211 Other as made
This instrument specifies the requirements for making an application for a Subclass 494 Skilled Employer Sponsored Regional (Provisional) (Class PE) (Subclass 494) visa. This instrument also specifies the circumstances for when subitem 1242(5) of Schedule 1 to the Migration Regulations 1994 does not apply to an application for a Subclass 494 visa.
Administered by: Home Affairs
Registered 13 Nov 2019
Tabling HistoryDate
Tabled HR25-Nov-2019
Tabled Senate25-Nov-2019
Table of contents.

Commonwealth Coat of Arms of Australia

 

Migration (LIN 19/211: Arrangements for Skilled Employer Sponsored Regional (Provisional) Visa Applications) Instrument 2019

I, David Coleman, Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, make the following instrument.

Dated   8 November 2019

David Coleman

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

 

 

  

  

  


Contents

1............ Name............................................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Definitions..................................................................................................................... 1

5............ Form and manner of making visa applications.............................................................. 3

6............ Circumstances in which skills declaration is not required.............................................. 4

 


1  Name

             (1)  This instrument is the Migration (LIN 19/211: Arrangements for Skilled Employer Sponsored Regional (Provisional) Visa Applications) Instrument 2019.

             (2)  This instrument may be cited as LIN 19/211.

2  Commencement

             (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

At the same time as Schedule 2 to the Migration Amendment (New Skilled Regional Visas) Regulations 2019 commences.

16 November 2019

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under subregulation 2.07(5) of the Migration Regulations 1994.

4  Definitions

Note 1:       A number of expressions used in this instrument are defined in the Act, including unlawful non‑citizen.

Note 2:       A number of expressions used in this instrument are defined in the Regulations, including the following:

(a)    ANZSCO;

(b)    approved form;

(c)    Internet application;

(d)    the Act.

                   In this instrument:

academic applicant, in relation to an application for a Skilled Employer Sponsored Regional (Provisional) (Class PE) visa, means a person in relation to whom all of the following paragraphs apply:

                     (a)  the nomination to which the visa application relates was made by an Australian university;

                     (b)  the nominated position to which the visa application relates is for an academic classified as Level A, B, C, D or E;

                     (c)  the nominated occupation to which the visa application relates, and its corresponding 6‑digit code, correspond to an occupation and its corresponding 6‑digit ANZSCO code specified in an item of the following table.

 

Exempt occupations

 

Item

Column 1

Occupation

Column 2

6‑digit ANZSCO code

1

faculty head

134411

2

university lecturer

242111

departmental email means an email sent from an official departmental email address.

nominated occupation, in relation to an application for a Skilled Employer Sponsored Regional (Provisional) (Class PE) visa, means the occupation nominated by the nomination to which the visa application relates.

nominated position, in relation to an application for a Skilled Employer Sponsored Regional (Provisional) (Class PE) visa, means the position that relates to the nominated occupation that relates to the visa application.

nomination, in relation to an application for a Skilled Employer Sponsored Regional (Provisional) (Class PE) visa, means the nomination under paragraph 140GB(1)(b) of the Act identified in the visa application.

official departmental email address means an email address recognised by the Department as an official email address of the Department.

Regulations means the Migration Regulations 1994.

Subclass 444/461 worker, in relation to an application for a Skilled Employer Sponsored Regional (Provisional) (Class PE) visa, means a person in relation to whom both of the following paragraphs apply:

                     (a)  during the 3 years ending immediately before the day the visa application was made, the person spent at least 2 years (whether made up of a continuous period or 2 or more non‑consecutive periods) working:

                              (i)  for the employer who made the nomination to which the visa application relates; and

                             (ii)  in the nominated occupation to which the visa application relates;

                     (b)  at almost all times during those 3 years, the person held:

                              (i)  a Subclass 444 (Special Category) visa; or

                             (ii)  a Subclass 461 (New Zealand Citizen Family Relationship (Temporary)) visa.

subsequent applicant: an applicant for a Skilled Employer Sponsored Regional (Provisional) (Class PE) visa is a subsequent applicant if:

                     (a)  the applicant is seeking to satisfy the secondary criteria for the visa; and

                     (b)  the applicant’s visa application is not combined with an application for a visa of that class made by a person who is seeking to satisfy the primary criteria for the visa.

working: a person is not working for an employer at a time if the person is on unpaid leave at that time.

5  Form and manner of making visa applications

             (1)  This section:

                     (a)  is made for the purposes of item 1242 of Schedule 1 to the Regulations; and

                     (b)  applies to an application for a Skilled Employer Sponsored Regional (Provisional) (Class PE) visa.

             (2)  Subject to subsection (6):

                     (a)  the approved form for making the visa application is approved form 494V (Internet); and

                     (b)  the visa application must be made as an Internet application.

Different way of making visa applications

             (3)  The visa application may be made other than as an Internet application if:

                     (a)  a departmental email, sent in the circumstances mentioned in subsection (4) or (5), authorises the applicant to make the visa application other than as an Internet application; and

                     (b)  electronic lodgement of the visa application is not prevented by the Act or the Regulations.

             (4)  For the purposes of paragraph (3)(a), the circumstances are the following:

                     (a)  a person in the Department has identified a problem with the Department’s Internet application systems;

                     (b)  because of that problem, the applicant is unable to make an Internet application;

                     (c)  either the problem cannot be rectified, or both of the following subparagraphs apply:

                              (i)  it is more likely than not that the problem will not be rectified by the end of the day on which the departmental email is sent;

                             (ii)  the applicant will become an unlawful non‑citizen on, or before, the next business day after the departmental email is sent;

                     (d)  the departmental email includes:

                              (i)  approved form 494V; and

                             (ii)  the name and position number of the person who sent the departmental email.

             (5)  For the purposes of paragraph (3)(a), the circumstances are the following:

                     (a)  the applicant is a subsequent applicant;

                     (b)  the departmental email includes:

                              (i)  approved form 494V; and

                             (ii)  the name and position number of the person who sent the departmental email.

             (6)  If the visa application is made other than as an Internet application:

                     (a)  the approved form for making the application is approved form 494V; and

                     (b)  the visa application, in the form mentioned in paragraph (a), must be emailed:

                              (i)  to the address from which the departmental email was sent; and

                             (ii)  by the end of the day (by legal time in the Australian Capital Territory) on which the departmental email is sent; and

                     (c)  that email must also include:

                              (i)  a copy of the departmental email; and

                             (ii)  the name and position number of the person who sent the departmental email.

Note:          For approved forms, see regulation 1.03 of the Regulations. The visa application must be made in approved form 494V as approved when the visa application is made. The visa application must not be made in a previous version of approved form 494V. The current approved form 494V must have been included in the departmental email.

6  Circumstances in which skills declaration is not required

                   For the purposes of subitem 1242(6) of Schedule 1 to the Regulations, subitem 1242(5) does not apply in relation to an application for a Skilled Employer Sponsored Regional (Provisional) (Class PE) visa in either of the following circumstances:

                     (a)  the applicant is an academic applicant;

                     (b)  the applicant is a Subclass 444/461 worker.