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Migration (Arrangements for certain business skills visas) Instrument (LIN 21/026) 2021

Authoritative Version
LIN 21/026 Other as made
This instrument specifies the approved form for making a valid application for a number of visa classes, the place for lodgement and the manner in which an application must be made to ensure a valid application is made for the relevant visa class. It also repeals the Migration (LIN 20/051: Arrangements for certain Business Skills visas) Instrument 2020.
Administered by: Home Affairs
Registered 01 Mar 2021
Tabling HistoryDate
Tabled HR15-Mar-2021
Tabled Senate15-Mar-2021

Logo of Department of Home Affairs

LIN 21/026

I, Anna Lutz, delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, make this instrument under subregulation 2.07(5) of the Migration Regulations 1994.

Dated 26 February 2021

Anna Lutz

Senior Executive Service Band 1
Skilled and Family Visa Program Branch
Immigration Programs Division
Department of Home Affairs

 

1          Name

                 This instrument is the Migration (Arrangements for certain business skills visas) Instrument (LIN 21/026) 2021.

2          Commencement

                 This instrument commences on the day after registration on the Federal Register of Legislation.

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.

Department means the Department of Home Affairs.

Regulations means the Migration Regulations 1994.

4          Approved form, manner and place

                 For subregulation 2.07(5) of the Regulations, the approved form, manner and place for an application for a visa of a class and subclass mentioned in an item of Schedule 1 are the form and the manner and place mentioned in the item.

5          Repeal

                 Migration (LIN 20/051: Arrangements for certain Business Skills visas) Instrument 2020 is repealed.

 

Schedule 1        Approved form, manner and place

(s.4)

Item

Item of Regulations, Schedule 1

Visa class and subclass

Approved form

Manner and place

1

1104AA

Business Skills Business Talent (Permanent) (Class EA)

Subclass 132 (Business Talent) visa

Form 1396 (Internet)

As an internet application

2

1104BA

Business Skills (Permanent) (Class EC)

Subclass 888 (Business Innovation and Investment Provisional)

Form 1398 (Internet)

As an internet application

3

1202B

Business Skills (Provisional) (Class EB)

Subclass 188 (Business Innovation and Investment (Provisional)

Form 1397 (Internet)

As an internet application

4

1104B

Business Skills (Residence) (Class DF)

Subclass 890 (Business Owner)
Subclass 891 (Investor)
Subclass 892 (State/Territory Sponsored Business Owner)
Subclass 893 (State/Territory Sponsored Investor)

(a) for applicant seeking to satisfy the criteria for the grant of a Subclass 890 (Business Owner) visa—Form 47BU and Form 1217; or

(b) for applicant seeking to satisfy the criteria for the grant of a Subclass 891 (Investor) visa—Form 47BU; or

(c) for applicant seeking to satisfy the criteria for the grant of a Subclass 892 (State/Territory Sponsored Business Owner) visa—Form 47BU, Form 1217 and Form 949; or

(d) For applicant seeking to satisfy the criteria for the grant of a Subclass 893 (State/Territory Sponsored Investor) visa—Form 47BU and Form 949

Application must be made by:

(a)  post, with correct prepaid postage to:

     Adelaide Business Skills Processing Centre,
Department of Home Affairs,
GPO Box 2399, Adelaide SA 5001, Australia; or

(b) courier service delivery to:
Adelaide Business Skills Processing Centre,
Department of Home Affairs,
Level 4, 70 Franklin Street,
Adelaide SA 5000, Australia

5

1113

Global Talent (Class BX)

Subclass 858 (Global Talent)

Form 47GT (Internet); or

if authorised in an authorising email—Form 47GT

Application must be made:

(a)  as an internet application; or

(b) if using Form 47GT:

     (i)  by email to an official email address of the Department specified in the authorising email; and

    (ii)  by the end of the next business day in Australia after the authorising email was sent

6

1202A

Business Skills (Provisional) (Class UR)

Subclass 160 (Business Owner (Provisional))

Subclass 161 (Senior Executive (Provisional))

Subclass 162 (Investor (Provisional))

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

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

Subclass 165 (State/Territory Sponsored Investor (Provisional))

Form 47BT and 1 of the following:

(a)  Form 1136;

(b) Form 1137;

(c)  Form 1139

Application must be made:

(a)  if the applicant’s residential address, provided to the Department using Form 47BT, is in Taiwan or the People’s Republic of China (including Hong Kong and Macau)—by courier service delivery to:
Australian Consulate General,
24th Floor, Harbour Centre,
25 Harbour Road,
Wanchai,
Hong Kong; or

(b) in any other case:

     (i)  by post, with correct prepaid postage to:
Adelaide Business Skills Processing Centre,
Department of Home Affairs,
GPO Box 2399
Adelaide SA 5001
Australia; or

    (ii)  by courier service delivery to:
Adelaide Business Skills Processing Centre,
Department of Home Affairs,
Level 4, 70 Franklin Street,
Adelaide SA 5000,
Australia