Amendments to Expand Provisions for Deemed Applications for Certain Visas
1 October 2006 - Legislation change
Client summary
From 1 October 2006, the Migration Regulations 1994 will be amended to expand the range of applicants for other visas who are deemed also to have applications for Employer Nomination and Labour Agreement visas. These amendments will allow:
- persons applying for a Skilled - Independent Overseas Student (Class DD) visa or a Skilled - Australian-sponsored Overseas Student (Class DE) visa to be deemed to have applied for an Employer Nomination (Class BW) visa
- persons applying for a Skilled - Independent Overseas Student (Class DD) visa or a Skilled - Australian-sponsored Overseas Student (Class DE) visa to be deemed to have applied for a Labour Agreement (Class BV) visa
if the applicant is nominated for a position under an Employment Nomination or a Labour Agreement in Australia, before the original application has been decided.
Technical details
The following provisions of the Regulations will be amended:
Division 2.2 - Applications
- Subparagraph 2.08C(1)(a)(iii)
- Subparagraph 2.08C(1)(a)(ii)
- Paragraph 2.08C(2)(a)
- Paragraph 2.08C(2)(b)
- Subparagraph 2.08C(2)(d)(iii)
- Subparagraph 2.08C(2)(d)(ii)
- Subregulation 2.08C(5)
- Paragraph 2.08C(5)(b)
- Subregulation 2.08C(8)
- Paragraph 2.08C(8)(b)
- Regulation 2.08CB
- Regulation 2.08CC.
Schedule 1:
- Paragraph 1121A(2)(a)
Schedule 2:
- Paragraph 119.211(2)(b)
- Paragraph 119.211(2)(c)
- Paragraph 119.211(2)(d)
- Clause 121.211A
- Clause 121.211.
Additional information: Nil
Transitional arrangements: These amendments apply in relation to an application for a visa made, but not finally determined before 1 October 2006 or made on or after 1 October 2006.
Forms: 47ES, 785, 1054 and 1131.
Instructions: PAM3 will be updated to reflect these changes.
Effect on delegations: Nil
Effect on systems: ICSE - Integrated Client Service Environment will be updated to reflect these amendments.