Federal Register of Legislation - Australian Government

Primary content

LIN 21/019 Arrangements as made
This instrument updates the list of countries where an applicant is exempt from providing evidence of home government support, the education requirements for applicants from various countries, and the place and manner for making an application. It also specifies the form for making an application, from which countries an applicant is required to hold a passport form, and upper age limits for applicants.
Administered by: Home Affairs
Registered 25 Feb 2021
Tabling HistoryDate
Tabled HR15-Mar-2021
Tabled Senate15-Mar-2021

logo for Department of Home Affairs

LIN 21/019

I, Jodie Bjerregaard, as delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, make this instrument under the following provisions of the Migration Regulations 1994 (the Regulations):

(a)     subregulation 2.07(5);

(b)     paragraph 1224A(3)(a) of Schedule 1;

(c)     subparagraph 1224A(3)(b)(iii) of Schedule 1;

(d)     paragraph 462.221(c) of Schedule 2.

Dated   24 February 2021

Jodie Bjerregaard

Senior Executive Service Band 1

Immigration Programs Division

Department of Home Affairs 


1          Name

                 This instrument is the Migration (Arrangements for Work and Holiday (Subclass 462) Visa Applications) Instrument (LIN 21/019) 2021.

2          Commencement

                 This instrument commences on 1 March 2021.

3          Definitions

                 In this instrument:

authorising email means an email sent by an officer of the Department, authorising an applicant to make an application using an alternative form, in an alternative place or in an alternative manner.

4          Arrangements for Work and Holiday visas 

        (1)     For subregulation 2.07(5) of the Regulations, an application by an applicant mentioned in an item of the table in Schedule 1 must be made:

(a)   for subitem 1224A(1) of Schedule 1 to the Regulations, using the form mentioned for the item; and

(b)   for paragraph 1224A(3)(aa) of Schedule 1 to the Regulations, in the place and manner mentioned for the item.

        (2)     For paragraph 1224A(3)(a) of Schedule 1 to the Regulations:

(a)   the applicant must hold a valid passport issued by any of the following foreign countries; and

(b)   for each foreign country, the applicant must be aged no more than 30.


Foreign country

Argentina

Austria

Chile

China, People’s Republic of

Czech Republic

Ecuador

Greece

Hungary

Indonesia

Israel

Luxembourg

Malaysia

Peru

Poland

Portugal

San Marino

Singapore

Slovak Republic

Slovenia

Spain

Thailand

Turkey

United States of America

Uruguay

Vietnam


        (3)     For subparagraph 1224A(3)(b)(iii) of Schedule 1 to the Regulations, applicants who hold a valid passport issued by any of the following countries are specified:

Foreign country

Argentina

Austria

Chile

China, People’s Republic of

Czech Republic

Ecuador

Greece

Hungary

Israel

Portugal

Singapore

Slovak Republic

Spain

United States of America

Vietnam


Note          If an applicant falls within the class specified by subsection (3), they are not required under subparagraph 1224A(3)(b)(iii) to provide evidence that the applicant has government support for the grant of the visa. 

5          Educational qualifications

                 For paragraph 462.221(c) of Schedule 2 to the Regulations, the educational qualification mentioned in an item of the table in Schedule 2 is specified for applicants from the foreign country mentioned for the item.

6          Repeal

                 Migration (LIN 19/184: Arrangements for Work and Holiday Visa Applications) Instrument 2019 (F2019L00918) is repealed.

Schedule 1        Approved form, place and manner

Item

Applicant

Approved form

Place and manner

1

Applicant who:

(a) is, or has previously been, in Australia as the holder of a Work and Holiday (Temporary) (Class US) visa; and

(b) holds a valid passport issued by a foreign country mentioned in paragraph 4(2)(a)

(a) 1208 (Internet); or

(b) if the applicant has received an authorising email—1208

 

(a) internet application; or

(b) for applicants that received an authorising email, by:

(i) attaching a copy of the authorising email to form 1208; and

(ii) submitting the application in accordance with the directions in the authorising email by the end of the next day after the authorising email was sent

2

Applicant who:

(a) is not, and has not previously been, in Australia as the holder of a Work and Holiday (Temporary) (Class US) visa; and

(b) holds a valid passport issued by a foreign country mentioned in paragraph 4(2)(a), except for the People’s Republic of China

3

Applicant who:

(a) is not, and has not previously been, in Australia as the holder of a Work and Holiday (Temporary) (Class US) visa; and

(b) holds a valid passport issued by the People’s Republic of China

1208

By appointment and in person at an Australian Visa Application Centre in:

(a) Beijing; or

(b) Chengdu; or

(c) Guangzhou; or

(d) Shanghai.


Schedule 2        Educational qualifications

Item

Applicant

Educational qualifications

1

Argentina

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

2

Austria

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of higher education

3

Chile

(a) tertiary qualifications; or

(b) satisfactory completion of, or approval to undertake, a third year of undergraduate university study

4

China, People’s Republic of

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

5

Czech Republic

(a) successful completion of at least 2 years of tertiary education

6

Ecuador

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of higher education study

7

Greece

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

8

Hungary

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

9

Indonesia

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

10

Israel

(a) secondary school qualifications; and

(b) completion of military service or a legal exemption from completing military service

11

Luxembourg

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

12

Malaysia

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

13

Peru

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

14

Poland

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

15

Portugal

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

16

San Marino

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

17

Singapore

(a) qualifications considered to be at tertiary level in Singapore; or

(b) successful completion of the equivalent of  2 years full-time tertiary study

18

Slovak Republic

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

19

Slovenia

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

20

Spain

(a) successful completion of at least 2 years higher education

21

Thailand

(a) tertiary qualifications

22

Turkey

(a) tertiary qualifications; or

(b) satisfactory completion of at least 2 years of undergraduate university study

23

United States of America

(a) secondary school qualifications

24

Uruguay

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

25

Vietnam

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study