Migration (IMMI 18/018: Visa Applications—Temporary Skill Shortage (Class GK)) Instrument 2018

I, Alan Tudge, Minister for Citizenship and Multicultural Affairs, make the following instrument.

Dated 15 March 2018

Alan Tudge

The Hon Alan Tudge MP

Minister for Citizenship and Multicultural Affairs

Contents

Part 1—Preliminary 1

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

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

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

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

Part 2—Approved Forms and Manner for Applications of Class GK visas 3

5  Approved forms...................................................3

6  Manner in which applications must be made...................................3

Part 1—Preliminary

1  Name

(1) This instrument is the Migration (IMMI 18/018: Visa Applications— Temporary Skill Shortage (Class GK)) Instrument 2018.

(2) This instrument may be cited as IMMI 18/018.

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.

Note: This table relates only to the provisions of this instrument as originally made.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: A number of expressions used in this instrument are defined in the Regulations, including the following:

(a) Internet application; and

(b) standard business sponsor.

In this instrument:

Act means the Migration Act 1958.

Department means the Department of Home Affairs.

officer has the meaning given by subsection 5(1) of the Act.

Regulations means the Migration Regulations 1994.

unlawful non-citizen has the meaning given by section 14 of the Act.

Part 2—Approved Forms and Manner for application of Class GK visas

5  Approved forms

(1) For the purposes of item 1240 of Schedule 1 to the Regulations, the following approved forms are specified for the purposes of applications made in

(a) for an applicant seeking to satisfy the primary criteria for a Subclass 482 (Temporary Skill Shortage) visa, or an applicant lodging a combined application with another applicant who is seeking to satisfy the primary criteria—approved Form 482V (Internet);

(b) for an applicant seeking to satisfy the secondary criteria for a Subclass 482 (Temporary Skill Shortage) visa who is not lodging a combined application with another applicant who is seeking to satisfy the primary criteria—approved Form 482D (Internet).

(2) For the purposes of item 1240 of Schedule 1 to the Regulations, the following approved forms are specified for the purposes of applications made in accordance with subsection 6(3):

(a) for an applicant seeking to satisfy the primary criteria for a Subclass 482 (Temporary Skill Shortage) visa, or an applicant lodging a combined application with another applicant who is seeking to satisfy the primary criteria—approved Form 482V; and

(b) for an applicant seeking to satisfy the secondary criteria for a Subclass 482 (Temporary Skill Shortage) visa who is not lodging a combined application with another applicant who is seeking to satisfy the primary criteria—approved Form 482D.

6  Manner in which applications must be made

(1) For the purposes of item 1240 of Schedule 1 to the Regulations, subsections (2) and (3) specify the manner in which an application must be made.

(2) Subject to subsection (3), an application must be made as an Internet application, using one of the approved forms specified in subsection 5(1).

(3) If subsection (4) or (5) applies, and if:

(a)           an officer has sent an authorisation for a person (the applicant) to make an application in accordance with this subsection; and

(b)           the authorisation in paragraph (a) is sent by an email from e482.Manual.Lodgement@homeaffairs.gov.au, then the applicant may instead make an application by:

(i)            using approved Form 482V or approved Form 482D, as provided with the authorising email; and

(ii)          emailing the completed application form toe482.Manual.Lodgement@homeaffairs.gov.au by the end of the day on which the authorisation was given (AEST or AEDST as applicable to the date on which the authorisation was given); and

(iii)        including in the email, a copy of the authorising email sent by the Department and the name and position number of the officer who sent the authorising email.

(4) This subsection applies if:

(a) the Department has identified a problem with its Internet application systems; and

(b) as a result of the problem referred to in paragraph (a), the applicant is unable to make an Internet application; and

(c) electronic lodgement of the application is not prevented by the Act or the Regulations; and

(d) it is more likely than not that the problem will not be rectified by the end of the business day on which the problem is identified by the Department; and

(e) the applicant will become an unlawful non-citizen on, or before, the next business day.

(5) This subsection applies if:

(a) a problem is identified by the Department with the Department’s systems that allow Internet applications to be made, and the applicant is unable to make an Internet application as a result of that problem; and

(b) the problem referred to in paragraph (a) is unable to be rectified by the Department; and

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