LIN 22/030

Migration (Arrangements for bridging visa applications) Amendment Instrument (LIN 22/030) 2022

I, Alison Garrod, delegate of the Minister for Home Affairs, make this instrument under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations).

Dated                         20 July 2022

Alison Garrod

Senior Executive Service Band One
Immigration Programs Division
Immigration and Settlement Services Group
Department of Home Affairs

1 Name

  This instrument is the Migration (Arrangements for bridging visa applications) Amendment Instrument (LIN 22/030) 2022.

2 Commencement

  This instrument commences on 1 August 2022.

3 Amendment

  Schedule 1 amends Migration (Arrangements for Bridging visa applications) Instrument (LIN 21/045) 2021 (F2021L00899).

Schedule 1 Amendment

(section 3)

[1] Section 3, after definition of Department

insert

electronic form means a form mentioned in paragraph 1.18(2)(c) of the Regulations.

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

[2] Section 3, definition of internet form

omit

internet

insert

Internet

[3] Section 3, after definition of internet form

insert

online portal means the online services portal Submit your Bridging visa application online (Bridging visa A, B or C only) available through the Department’s website at https://immi.homeaffairs.gov.au/help-support/
departmental-forms/online-forms.

[4] Section 3, after definition of Regulations

insert

written notice means an email from the Department authorising an applicant for a Bridging A (Class WA), Bridging B (Class WB) or Bridging C (Class WC) visa to submit an approved paper form to bv.abc.lodgement@homeaffairs.gov.
au.

[5] Section 5

substitute

5 Place and manner of making application

 (1) For paragraphs 1301(3)(a), 1302(3)(a) and 1303(3)(a) of Schedule 1 to the Regulations, the application must be made:

(a) if the same form is used for a substantive visa application—at the same place, and in the same manner, as specified in an instrument under subregulation 2.07(5) of the Regulations for the substantive visa application; or

(b) if the application cannot be made at the place and in the manner mentioned in paragraph (a):

 (i) using an Internet form in ImmiAccount as an Internet application; or

 (ii) using an electronic form in the online portal.

Note Regulation 2.10C of the Regulations provides for the time of making an Internet application.

 (2) However, if the application cannot be made in accordance with subsection (1), it may be made using an approved paper form by email to bv.abc.lodgement@ homeaffairs.gov.au if:

(a) the Department has given a written notice to the applicant authorising the applicant to make the visa application using an approved paper form; and

(b) the applicant is not in immigration clearance; and

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

(d) the application is submitted within 7 calendar days after the written notice was sent (AEST or AEDST as applicable to the date when the written notice was sent).

 (3) For paragraphs 1304(3)(a), 1305(3)(a) and 1306(3)(a) of Schedule 1 to the Regulations, an application for a visa must be made:

(a) if the same form is used for a substantive visa application—at the same place, and in the same manner, as specified in an instrument under subregulation 2.07(5) of the Regulations for the substantive visa application; or

(b) in any other case:

 (i) if the application form used is an Internet form in ImmiAccount—as an Internet application; or

 (ii) if the application form used is not an Internet form in ImmiAccount—at an office of Immigration in Australia, but not in immigration clearance.

Note  Regulation 2.10C of the Regulations provides for the time of making an Internet application.

[6] Schedule 1, table

substitute