Amendments to Subclass 995 - Diplomatic (Temporary) Visa and Subclass 426 - Domestic Worker (Temporary) - Diplomatic or Consular Visa
1 July 2006 - Legislation change
Client summary
From 1 July 2006, provisions of the Migration Regulations 1994 relating to diplomatic and domestic worker visas will be amended to make the following changes:
Subclass 995 (Diplomatic) visa
- Extend eligibility to certain representatives of international organisations as determined by the Department of Foreign Affairs and Trade (DFAT)
- Inclusion of secondary criteria to clearly differentiate between the main applicant and family members
- Inclusion of an optional end date (currently, duration of stay is tied to status as a diplomat or consular/international representative)
- Condition 8502 relating to initial entry to be made mandatory for secondary visa holders
- Condition 8516 relating to maintaining eligibility to be made mandatory for all visa holders.
Subclass 426 (Domestic Worker - Diplomatic or Consular) visa
- Removal of secondary criteria in line with government policy
- Removal of mandatory condition 8107 relating to employment arrangements
- Condition 8516 made mandatory for all visa holders
- Amendment to mandatory condition 8110 to include 8107 arrangements and a new provision allowing the holder to remain in Australia for a short period following departure of their employer, with the permission of DFAT, pending the taking up of duties with a new employer.
Technical details
The following provisions of the Regulations will be amended or omitted:
Schedule 1
- Paragraphs 1206(3)(d) and 1207(3)(c)
Schedule 2
- Division 426.2, note
- Subparagraphs 426.222(b)(i) and 426.227(b)(i)
- Division 426.3
- Clauses 426.611 and 426.612
- Division 995.1, including the note
- Division 995.2, note
- Clause 995.221
- Division 995.3
- Paragraph 995.511(b)
- Division 995.6
Schedule 8
- Clause 8110
Additional information: Nil
Transitional arrangements: Applies in relation to an application for a visa made on or after 1 July 2006.
Forms: 986i and 147
Instructions: PAM3 Sch2 Visa 426 and PAM3: Sch2 Visa 995
Effect on delegations: Nil
Effect on systems: ICSE and IRIS changes relating to omission and inclusion of visa conditions and to the visa label for subclass 995 (provision for an end date).