Commonwealth Coat of Arms of Australia

 

Migration (LIN 18/173: Arrangements for Working Holiday Visa Applications) Instrument 2018

I, Miranda Lauman, Delegate of the Minister for Immigration, Citizenship and Multicultural Affairs, make the following instrument.

Dated 26 October 2018

Miranda Lauman

Miranda Lauman

Senior Executive Service, Band 1, Immigration and Visa Services Division and Delegate of the Minister for Immigration, Citizenship and Multicultural Affairs

 

 

Contents

Part 1—Preliminary

1  Name

2  Commencement

3  Authority

4  Definitions

5  Schedules

Part 2—Arrangements for Working Holiday Visa Applications

6  Working Holiday (Temporary) (Class TZ) visa applications

Part 3—Working Holiday Eligible Passports

7  Subclass 417 (Working Holiday) visa eligible passports

Schedule 1—Working Holiday (Temporary) (Class TZ) visa—place, manner and form for making an application

Schedule 2—Working Holiday (Temporary) (Class TZ) visa and Subclass (Working Holiday) visa—countries, conditions and age requirements

Schedule 3—Amendments

Migration (IMMI 18/102: Arrangements for Work and Holiday and Working Holiday Visa Applications) Instrument 2018 (F2018L00773)

 

Part 1—Preliminary

1  Name

(1) This instrument is the Migration (LIN 18/173: Arrangements for Working Holiday Visa Applications) Instrument 2018.

(2) This instrument may be cited as LIN 18/173.

2  Commencement

This instrument commences 1 November 2018.

3  Authority

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

(a) subregulation 2.07(5);

(b) subitem 1225(5) of Schedule 1;

(c) subclause 417.211(2) of Schedule 2.

4  Definitions

Note: A number of expressions used in this instrument are defined in the Regulations, including working holiday eligible passport.

In this instrument:

authorising email means an email authorising the applicant to make an application in a different place or a different manner.

Regulations means the Migration Regulations 1994.

5  Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.


Part 2—Arrangements for Working Holiday Visa Applications

6  Working Holiday (Temporary) (Class TZ) visa applications

(1) For the purposes of subitem 1225(1) of Schedule 1 to the Regulations, the approved forms are specified in Column 2 of the table in Schedule 1, corresponding with the class of persons specified in Column 1 of that table.

(2) For the purposes of subitem 1225(3) of Schedule 1 to the Regulations, the place and manner for making an application is specified:

(a) in Column 3 of the table in Schedule 1, corresponding with the class of persons specified in Column 1 of that table; and

(b) if an officer of the Department has sent an authorising email to the applicantthen:

(i) by attaching a copy of the authorising email to the approved form identified in subsection (1); and

(ii) by the end of the next day after which the authorising email was sent (AEST or AEDST as applicable to the date on which the authorising email was sent)—submitting the application in accordance with the directions in the authorising email.


Part 3—Working Holiday Eligible Passports

7  Subclass 417 (Working Holiday) visa eligible passports

(1) For the purposes of paragraph 417.211(2)(a) of Schedule 2 to the Regulations, a working holiday eligible passport is specified as a passport of a kind that:

(a) is issued by a foreign country specified in Column 1 of the table in Schedule 2; and

(b) satisfies the condition specified in Column 2 of the table in Schedule 2, for the corresponding foreign country in Column 1 of that table.

(2) For the purposes of paragraph 417.211(2)(a) and subparagraph 417.211(2)(b)(ii) of Schedule 2 to the Regulations, the maximum age of an applicant is specified in Column 3 of the table in Schedule 2, for the corresponding foreign country in Column 1 of that table.


Schedule 1—Working Holiday (Temporary) (Class TZ) visa—place, manner and form for making an application

The table in this Schedule specifies the class of persons that may make a Working Holiday (Temporary) (Class TZ) visa application, the required approved form and the place and manner in which the application must be made.

 

Item

Column 1

Class of persons

Column 2

Approved form

Column 3

Place and manner

1

All applicants

An approved form is:

(a) 1150 (Internet); or

(b) if authorised by an officer of the Department in paragraph 6(2)(b) of this instrument1150.

Application must be made:

(a) as an internet application; or

(b) if an officer of the Department has sent an authorising email to the applicant—in accordance with paragraph 6(2)(b) of this instrument.

 


Schedule 2Working Holiday (Temporary) (Class TZ) visa and Subclass (Working Holiday) visacountries, conditions and age requirements

The table in this Schedule specifies the conditions a passport must satisfy for the passport to be a working holiday eligible passport, the foreign countries that that passport must be issued from and the maximum age of the applicant for the corresponding foreign country.

Note: For items 2 and 10, there is no maximum age specified in Column 3. If no maximum age is specified in the following table, then the maximum age the applicant must be no more than is 35: see paragraph 417.211(2)(b) of Schedule 2 to the Regulations.

 

Item

Column 1

Foreign countries

Column 2

Conditions

Column 3

Maximum age

1

Belgium

Passport must indicate that the applicant is a national of Belgium

30

2

Canada

Passport must indicate that the applicant is a national of Canada

No maximum age specified

3

Denmark

Passport must indicate that the applicant is a national of Denmark

30

4

Finland

Passport must indicate that the applicant is a national of Finland

30

5

France

Passport must indicate that the applicant is a national of France

30

6

Italy

Passport must indicate that the applicant is a national of Italy

30

7

Norway

Passport must indicate that the applicant is a national of Norway

30

8

Sweden

Passport must indicate that the applicant is a national of Sweden

30

9

The Netherlands

Passport must indicate that the applicant is a national of The Netherlands

30

10

The Republic of Ireland

Passport must indicate that the applicant is a national of the Republic of Ireland

No maximum age specified

11

The United Kingdom of Great Britain and Northern Ireland

Passport must indicate that the applicant’s nationality is British Citizen or British National (Overseas)

30

12

Estonia

Passport must indicate that the applicant is a national of Estonia

30

13

Germany

Passport must indicate that the applicant is a national of Germany

30

14

Japan

Passport must indicate that the applicant is a national of Japan

30

15

Malta

Passport must indicate that the applicant is a national of Malta

30

16

Hong Kong Special Administrative Region, People’s Republic of China

Nil

30

17

The Republic of Cyprus

Passport must indicate that the applicant is a national of the Republic of Cyprus

30

18

The Republic of Korea

Passport must indicate that the applicant is a national of the Republic of Korea

30

19

Passports issued by the authorities of Taiwan

Passport must not purport to be an official or diplomatic passport

30


Schedule 3Amendments

Migration (IMMI 18/102: Arrangements for Work and Holiday and Working Holiday Visa Applications) Instrument 2018 (F2018L00773)

1  Sections 8 and 9

Repeal the sections.

2  Schedules 3 and 4

Repeal the Schedules.