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LIN 22/046 Other as made
This instrument repeals the Migration (LIN 20/229: COVID- 19 Pandemic event for Subclass 408 (Temporary Activity) visa and visa application charge for Temporary Activity (Class GG) visa) Instrument 2020. It also modifies the class of persons that are specified for paragraph 408.229(c) of Schedule 2 to the Migration Regulations 1994 in relation to the COVID-19 pandemic and provides, for subparagraph 1237(2)(a)(i) of Schedule 1 to the Regulations, a nil visa application charge amount for applicants in a class of persons specified in the instrument.
Administered by: Home Affairs
Registered 15 Mar 2022
Tabling HistoryDate
Tabled Senate28-Mar-2022
Tabled HR29-Mar-2022

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LIN 22/046

I, Paul Denman, delegate of the Minister, make this instrument under subregulation 2.07(5) of, paragraph 408.229(b) of Schedule 2 to, and subclause 9204(2) of Schedule 13 to, the Migration Regulations 1994 (the Regulations).

Dated 11 March 2022

 

 

 

 

Paul Denman

Acting Senior Executive Service Band 1

Immigration Programs Division

Department of Home Affairs

 


1          Name

                 This instrument is the Migration (COVID-19 Pandemic event for Temporary Activity (Subclass 408) visa) Instrument (LIN 22/046) 2022.

2          Commencement

                 This instrument commences on the day after it is registered.

3          Application

                 This instrument applies to applications made on or after 21 February 2022.

Note          Applications made under Migration (LIN 20/229: COVID‑19 Pandemic event for Subclass 408 (Temporary Activity) visa and visa application charge for Temporary Activity (Class GG) visa) Instrument 2020, before the commencement of this instrument, can be assessed against the criteria specified in that instrument.

4          Definitions

                 In this instrument:

COVID‑19 pandemic means the pandemic declared by the World Health Organization on 11 March 2020, caused by the coronavirus COVID‑19.

relevant temporary visa means a substantive temporary visa other than a Subclass 403 Seasonal Worker visa. 

Subclass 403 Seasonal Worker visa means a Subclass 403 (Temporary Work (International Relations)) visa in the Seasonal Worker Program stream. 

Subclass 408 visa means a Subclass 408 (Temporary Activity) visa.

substantive temporary visa means a substantive visa other than a permanent visa.

work rights means a visa that permits work.

Note          permanent visa, substantive visa and temporary visa are defined in the Migration Act 1958.

5          Event

                 For paragraph 408.229(b) of Schedule 2 and subclause 9204(2) of Schedule 13 to the Regulations, the COVID-19 pandemic is specified.

6          Class of persons

        (1)     For paragraph 408.229(c) of Schedule 2 to the Regulations, an applicant mentioned in subsection (2), (3), (4) or (5) is in a specified class of persons for the event mentioned in section 5.

        (2)     An applicant who, at the time of application:

(a)   is in Australia; and

(b)   is working, or in receipt of an offer to work, in Australia; and

(c)   either:

             (i)  holds a relevant temporary visa with work rights that is 90 days or less from ceasing to be in effect; or

            (ii)  held a relevant temporary visa with work rights that ceased to be in effect not more than 28 days before the application for a Subclass 408 visa is made.

        (3)     An applicant who, at the time of application:

(a)   last arrived in Australia before 21 February 2022; and

(b)   is in Australia; and

(c)   is working, or in receipt of an offer to work, in Australia; and

(d)   either:

             (i)  holds a substantive temporary visa without work rights that is 90 days or less from ceasing to be in effect; or

            (ii)  held a substantive temporary visa without work rights that ceased to be in effect not more than 28 days before the application for a Subclass 408 visa is made.

        (4)     An applicant who, at the time of application:

(a)   is in Australia; and

(b)   is employed by, or in receipt of an offer of employment from a Commonwealth funded aged care service; and

(c)   either:

             (i)  holds a relevant temporary visa that is 90 days or less from ceasing to be in effect; or

            (ii)  held a relevant temporary visa that ceased to be in effect not more than 28 days before the application for a Subclass 408 visa is made.

        (5)     An applicant who, at the time of application:

(a)   is in Australia; and

(b)   either:

             (i)  holds a Subclass 403 Seasonal Worker visa that is 90 days or less from ceasing to be in effect; or

            (ii)  held a Subclass 403 Seasonal Worker visa that ceased to be in effect not more than 28 days before the application for a Subclass 408 visa is made; and

(c)   is employed by, or in receipt of an offer of employment from, an approved employer under the Seasonal Worker Program.

7          Visa application charge

                 For subparagraph 1237(2)(a)(i) of Schedule 1 to the Regulations, the visa application charge is nil for the classes of persons mentioned in section 6.

Note          visa application charge is defined in the Regulations. 

8          Repeal

                 Migration (LIN 20/229: COVID‑19 Pandemic event for Subclass 408 (Temporary Activity) visa and visa application charge for Temporary Activity (Class GG) visa) Instrument 2020 is repealed.