Waiver of Some Health Requirements for Certain Onshore Skilled Visa Applicants in Certain Circumstances
1 October 2006 - Legislation change
Client summary
From 1 October 2006, the Migration Regulations 1994 will be amended so that waiver of some of the health requirements may be available to applicants (and their family members) for the following onshore skilled visa subclasses, if the applicants reside or propose to reside in a participating State or Territory:
- 846 - State/Territory Sponsored Regional Established Business in Australia
- 855 - Labour Agreement
- 856 - Employer Nomination Scheme
- 857 - Regional Sponsored Migration Scheme.
A 'participating State or Territory' is a State or Territory which has agreed to the waiver being available to applicants residing in their State or Territory. These State(s) and/or Territory(s) will be specified in an instrument in writing by the Minister.
The waiver will only be exercised if the Minister decides that any costs and/or prejudice to access of Australians to services in the areas of health care and community services, although significant, are nonetheless "unlikely to be undue". The final decision on whether a waiver should be exercised in relation to a particular case rests with the Minister (or her delegate). However, it is open to the Minister to consult with the relevant State or Territory prior to making her decision.
Technical details
The following provisions of the Regulations will be amended:
Schedule 2:
- 846.111
- 846.224
- 846.225
- 846.322
- 855.1
- 855.223
- 855.225
- 855.322
- 856.1
- 856.223
- 856.225
- 856.322
- 857.1
- 857.223
- 857.225
- 857.322
Additional information:
The amendments apply to applications under these above subclasses made on or after 1 October 2006.
Transitional arrangements: Nil
Forms: Nil
Instructions: PAM3 The relevant policy documents will be updated to reflect these amendments.
Effect on delegations: Nil
Effect on systems: Nil