Qualifying visas for Subclass 416 (Special Programme) and Subclass 442 (Occupational Trainee) Visas
23 April 2007 - Legislation change
Client summary
From 23 April 2007 the Migration Regulations 1994 (‘the Regulations’) will be amended to allow most non-citizens to apply onshore for a Subclass 416 (Special Programme) or Subclass 442 (Occupational Trainee) visa.
The qualifying visa requirements for Subclasses 416 and 442 have been amended to allow any substantive visa holder to be eligible for the grant of a Subclass 416 or 442 visa, except those who hold a Transit (Subclass 771) or Special Purpose visa or, for Subclass 442, some student-visa subclasses. Where applicants do not hold a substantive visa, they would be eligible for the grant of a Subclass 416 or 442 visa provided that they did not last hold a Transit or Special Purpose visa or (for Subclass 442) some student visas, and that they satisfy certain Schedule 3 criteria (which apply to applicants who do not hold a substantive visa).
Technical details
The following provisions of the Regulations will be amended:
Schedule 2, clause 416.211
Schedule 2, clause 442.211
Schedule 2, clause 442.229
Additional information:
Nil
Transitional arrangements:
The amendments apply to applications made on or after 23 April 2007.
Forms: Nil
Instructions: PAM3 will reflect these legislative amendments from 1 June 2007.
Effect on delegations: Nil
Effect on systems: Nil