Technical Changes to the subclass 417 Working Holiday Visa
1 July 2005 - Legislation change
Client summary
The changes to the Working Holiday visa will come into effect on 1 July 2005 and will have the following effect:
- redundant criteria will be removed;
- all applicants will now be assessed against the same criteria regardless of how they lodge their visa application; and
- only applicants holding citizen passports will be eligible to lodge 417 applications (except passports issued by the authorities in Hong Kong and Taiwan whose passports are still eligible despite not being citizen passports).
Technical details
On 1 July 2005, the following technical changes will be made to the subclass 417 Working Holiday visa:
Schedule 1 item 1225 will be changed to:
- remove all references to applicants who lodged 417 applications between 1 July 2000 and 30 June 2002; and
- remove all references to Internet applications
A new definition will be inserted into Regulation 417.111 that defines a working holiday eligible passport.
Subclause 417.211(3) will be changed so that an applicant has to belong to a class of persons as specified in Gazette Notices attached to subclauses 417.211(3)(a) and 417.211(3)(b).
Clauses 417.212 and 417.222, which relate to Internet applications, will be omitted. This change means that all applicants regardless of how they lodge will have to meet the same criteria.
All provisions relating to applicants who applied for and were granted a 417 visa between 1 July 2000 and 30 June 2002 being able to apply for a second 417 visa upon arrival in Australia will be omitted.
The requirement that applicants be in Australia at the time of application and grant will also be omitted. All applicants must now be overseas at time of application and grant.
Division 417.6 will also be changed to make the evidencing criteria 8403 discretionary rather than compulsory.
There are also several technical consequential amendments as a result of the amendments to this subclass.
Additional information: Nil.
Transitional arrangements: Applicants for 417 visas who apply before 1 July 2005 will be processed under the previous arrangements.
Forms: No changes.
Instructions: PAM3 Document SCH2:417 has been updated to reflect the above changes.
Effect on delegations: Nil.
Effect on systems: Nil.