Migration (Arrangements for Certain Skilled and Temporary Graduate Visa Applications) Instrument (LIN 20/162) 2020

made under subregulation 2.07(5) and items 1136, 1137, 1138, 1228, 1229, 1230 and 1241 of Schedule 1 of the

Migration Regulations 1994

Compilation No. 1

Compilation date: 24 December 2020

Includes amendments up to: F2020L01703

Registered: 25 January 2021

About this compilation

This compilation

This is a compilation of the Migration (Arrangements for Certain Skilled and Temporary Graduate Visa Applications) Instrument (LIN 20/162) 2020 that shows the text of the law as amended and in force on 24 December 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

Part 1—Preliminary

1 Name

3 Authority

4 Definitions

5 Application

Part 2—Arrangements for certain skilled and temporary visas

7 Form, place and manner for a Skilled (Provisional) (Class VF) visa application

8 Form, place and manner for a Skilled (Provisional) (Class VC) visa application

9 Form, place and manner for other skilled visa applications

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Part 1—Preliminary

1  Name

(1) This instrument is the Migration (Arrangements for Certain Skilled and Temporary Graduate Visa Applications) Instrument (LIN 20/162) 2020.

(2) This instrument may be cited as LIN 20/162.

3  Authority

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

(a) subregulation 2.07(5);

(b) items 1136, 1137, 1138, 1228, 1229, 1230 and 1241 of Schedule 1.

4  Definitions

In this instrument:

authorising email means an email sent by an officer of the Department, authorising an applicant to make an application in an alternative place, or an alternative manner.

Regulations means Migration Regulations 1994.

5  Application

This instrument applies to applications for a visa made on or after the commencement of the instrument.

Part 2—Arrangements for certain skilled and temporary visas

7  Form, place and manner for a Skilled (Provisional) (Class VF) visa application

(1) Subject to subsections (2) and (3), for the purposes of item 1228 of Schedule 1 to the Regulations, an application for a Skilled (Provisional) (Class VF) visa must be made using form 1276 (internet) as an internet application.

(2) If an applicant cannot make an application in the manner specified in subsection (1), an application may be made using paper form 1276 if the Department has provided approval by an authorising email.

(3) An application referred to in subsection (2) must:

(a) be lodged according to the directions in the authorising email;

(b) attach a copy of the authorising email to the application;

(c) be submitted before 11:59pm (AEST or AEDT when applicable) on the day after the day on which the authorising email was sent.

8  Form, place and manner for a Skilled (Provisional) (Class VC) visa application

(1) Subject to subsections (2) and (3), for the purposes of item 1229 of Schedule 1 to the Regulations, an application for a Skilled (Provisional) (Class VC) visa must be made using form 1276 (internet) as an internet application.

(2) If an applicant cannot make an application in the manner specified in subsection (1), an application may be made using paper form 1409 if the Department has provided approval by an authorising email.

(3) An application referred to in subsection (2) must:

(a) be lodged according to the directions in the authorising email;

(b) attach a copy of the authorising email to the application;

(c) be submitted before 11:59pm (AEST or AEDT when applicable) on the day after the day on which the authorising email was sent.

9  Form, place and manner for other skilled visa applications

Under the item of Schedule 1 to the Regulations mentioned in column 1 of the following table, for a class of visa mentioned in column 2 for the item, an application must be made, using the form mentioned in column 3 for the item, as an internet application.

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