Migration (IMMI 18/052: Specified Persons and Periods of Time for Regulation 5.19) Instrument 2018

made under the

Migration Regulations 1994

Compilation No. 1

Compilation date: 24 November 2020

Includes amendments up to: F2020L01446

Registered: 9 December 2020

About this compilation

This compilation

This is a compilation of the Migration (IMMI 18/052: Specified Persons and Periods of Time for Regulation 5.19) Instrument 2018 that shows the text of the law as amended and in force on 24 November 2020 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

1 Name

3 Authority

4 Definitions

5 Application

6 Persons specified for subparagraph 5.19(5)(a)(iii) of the Regulations

7 Different periods of time for paragraphs 5.19(5)(e), (f) and (g) of the Regulations

7A Different periods of time for purposes of paragraph 5.19(5)(f) of the Regulations—COVID‑19

7B Different periods of time for purposes of paragraph 5.19(5)(g) of the Regulations—COVID‑19

8 Exemption from operation of paragraph 5.19(5)(c) of the Regulations

8A Application of amendments made by LIN 20/190

9 Repeal of this instrument

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

1  Name

 (1) This instrument is the Migration (IMMI 18/052: Specified Persons and Periods of Time for Regulation 5.19) Instrument 2018.

 (2) This instrument may be cited as IMMI 18/052.

3  Authority

  This instrument is made under the following provisions of the Migration Regulations 1994:

 (a) subparagraph 5.19(5)(a)(iii);

 (b) subregulation 5.19(6);

 (c) subregulation 5.19(8).

4  Definitions

  In this instrument:

application means an application made under regulation 5.19 of the Regulations for approval of the nomination of a position in Australia.

concession period means the concession period mentioned in subregulation 1.15N(1) of the Regulations.

coronavirus reduced work period: see subsection 7A(3).

coronavirus unpaid leave period: see subsection 7B(3).

Regulations means the Migration Regulations 1994.

specified person means a person specified for the purposes of subparagraph 5.19(5)(a)(iii) of the Regulations (see section 6).

5  Application

  This instrument applies in relation to an application made on or after 18 March 2018.

6  Persons specified for subparagraph 5.19(5)(a)(iii) of the Regulations

 (1) This section is made for the purposes of subparagraph 5.19(5)(a)(iii) of the Regulations.

 (2) A person is specified for the purposes of that subparagraph if, on 18 April 2017, the person:

 (a) held a Subclass 457 (Temporary Work (Skilled)) visa; or

 (b) was an applicant for a Subclass 457 (Temporary Work (Skilled)) visa that was subsequently granted.

7  Different periods of time for paragraphs 5.19(5)(e), (f) and (g) of the Regulations

 (1) This section:

 (a) is made for the purposes of subregulation 5.19(6) of the Regulations; and

 (b) determines different periods of time for the purposes of paragraphs 5.19(5)(e), (f) and (g) of the Regulations for specified persons.

 (2) Paragraphs 5.19(5)(e), (f) and (g) of the Regulations apply in relation to a specified person as if:

 (a) references in those paragraphs to periods of 4 years were references to periods of 3 years; and

 (b) references in those paragraphs to total periods of at least 3 years were references to total periods of at least 2 years.

 (3) This section has effect, in relation to paragraphs 5.19(5)(f) and (g) of the Regulations, subject to sections 7A and 7B of this instrument.

7A  Different periods of time for purposes of paragraph 5.19(5)(f) of the Regulations—COVID‑19

 (1) For the purposes of paragraph 5.19(5)(f) of the Regulations, this section determines a different period of time, in relation to an application, for a person in relation to whom there are one or more coronavirus reduced work periods.

 (2) Subparagraph 5.19(5)(f)(i) of the Regulations applies in relation to the person as if the reference in that subparagraph to a total period of at least 3 years were a reference to a total period of at least 3 years (or, if the person is a specified person, at least 2 years) less the total length of the coronavirus reduced work periods in relation to the person.

Note: For specified person, see section 4.

 (3) A coronavirus reduced work period in relation to a person is a period:

 (a) that occurred:

 (i) during the concession period; and

 (ii) during the period of 4 years (or, if the person is a specified person, 3 years) immediately before the application is made; and

 (b) throughout which the person was employed in the position in relation to which the visa, or visas, mentioned in paragraph 5.19(5)(e) of the Regulations in relation to the application were granted; and

 (c) throughout which:

 (i) that employment was on a basis other than a full‑time basis (for example, the employment was on a part‑time basis or the person was stood down), but would have been on a full‑time basis were it not for the coronavirus known as COVID‑19; or

 (ii) the person was on unpaid leave from that employment because of the coronavirus known as COVID‑19.

7B  Different periods of time for purposes of paragraph 5.19(5)(g) of the Regulations—COVID‑19

 (1) For the purposes of paragraph 5.19(5)(g) of the Regulations, this section determines a different period of time, in relation to an application, for a person in relation to whom there are one or more coronavirus unpaid leave periods.

 (2) Paragraph 5.19(5)(g) of the Regulations applies in relation to the person as if the reference in that paragraph to a total period of at least 3 years were a reference to a total period of at least 3 years (or, if the person is a specified person, at least 2 years) less the total length of the coronavirus unpaid leave periods in relation to the person.

Note: For specified person, see section 4.

 (3) A coronavirus unpaid leave period in relation to a person is a period:

 (a) that occurred:

 (i) during the concession period; and

 (ii) during the period of 4 years (or, if the person is a specified person, 3 years) immediately before the application is made; and

 (b) throughout which the person:

 (i) was employed in the occupation in relation to which the visa, or visas, mentioned in paragraph 5.19(5)(e) of the Regulations in relation to the application were granted; and

 (ii) was on unpaid leave from that employment because of the coronavirus known as COVID‑19.

8  Exemption from operation of paragraph 5.19(5)(c) of the Regulations

 (1) This section is made for the purposes of subregulation 5.19(8) of the Regulations.

Specified persons are exempt

 (2) A specified person is exempt from the operation of paragraph 5.19(5)(c) of the Regulations.

8A  Application of amendments made by LIN 20/190

  The amendments made by items 2 to 4 of Schedule 1 to the Migration (Transitional operation of regulation 5.19 for certain 457 visa holders) Amendment Instrument (LIN 20/190) 2020 apply in relation to:

 (a) an application made on or after 1 February 2020 and before the commencement of this section, if the application was not finally determined before that commencement; or

 (b) an application made on or after that commencement.

9  Repeal of this instrument

  This instrument is repealed at the start of 18 March 2022.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history