LIN 22/019

Migration (Arrangements for Resident Return visa applications) Instrument (LIN 22/019) 2022

I, Andrea Carroll, delegate of the Minister, make this instrument under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations).

Dated 1 April 2022

Andrea Carroll
Acting Senior Executive Service Band 1
Immigration Programs Division
Department of Home Affairs

1 Name

  This instrument is the Migration (Arrangements for Resident Return visa applications) Instrument (LIN 22/019) 2022.

2 Commencement

  This instrument commences on the day after it is registered.

3 Definitions

  In this instrument:

ImmiAccount means the interactive portal for online services available through the Department’s website at https://immi.homeaffairs.gov.au. 

written notice means an email from the Department inviting a person to make an application using a form and in a manner other than an Internet form through ImmiAccount. 

4 Making an application for a Special Eligibility (Class CB) visa

  For subitem 1118A(1) and paragraph 1118A(3)(a) of Schedule 1 to the Regulations an application for a Special Eligibility (Class CB) visa must be made using form 47SV and be posted with sufficient prepaid postage to:

Department of Home Affairs

Locked Bag 7

Northbridge WA 6865

Australia.

5 Making an application for a Return (Residence) (Class BB) visa

 (1) For subitem 1128(1) and paragraph 1128(3)(a) of Schedule 1 to the Regulations an application for a Return (Residence) (Class BB) visa must be made using form 1085E through ImmiAccount.

 (2) If the application cannot be made in accordance with subsection (1), it may be made using form 1085 by sending it to residentsreturn@homeaffairs.gov.au if:

(a) the Department has given a written notice inviting the person to make the visa application using form 1085; and

(b) the written notice is attached to the application; and

(c) the application is received by the Department by 11:59pm (AEST or AEDST as applicable in the place where the email is received), two calendar days after the Department sends the written notice. 

6 Making an application for a Resident Return (Temporary) (Class TP) visa

 (1) For subitem 1216(1) and paragraph 1216(3)(a) of Schedule 1 to the Regulations, an application for a Resident Return (Temporary) (Class TP) visa must be made:

(a) using form 1085; and

(b) at a diplomatic, consular or immigration office maintained by or on behalf of the Commonwealth of Australia.

 (2) For subitem 1216(1) and paragraph 1216(3B)(a) of Schedule 1 to the Regulations, an application for a Resident Return (Temporary) (Class TP) visa must be made using form 1085 and be posted with sufficient prepaid postage to:

Resident Return Visa Application

Department of Home Affairs

GPO Box 9984

Sydney NSW 2001.

7 Repeal

  Migration (IMMI 17/031 Arrangements for Resident Return Visa Applications) Instrument 2017 (F2017L00324) is repealed.