Regulation Amendments to the Work and Holiday Visa Programme
1 July 2007 - Legislation change
Client summary
From 1 July 2007, the Migration Regulations 1994 (‘the Regulations’) will be amended to:
- Allow for differences in the arrangements between Australia and foreign countries for Work and Holiday visas
- Change the evidence required to be shown by certain applicants to make valid applications for further Work and Holiday (Temporary) (Class US ) visas
- Remove the requirement that an applicant for a Work and Holiday visa must have a reasonable prospect of obtaining employment in Australia . This is being done because the intention is that any work undertaken by the holder of a Subclass 462 (Work and Holiday ) visa should be incidental to holidaying in Australia and not be the applicant’s primary purpose for applying for the visa
- Make condition 8503 and condition 8540 discretionary rather than mandatory conditions for a person’s second or third Subclass 462 visa
- Provide flexibility to the Work and Holiday visa programme by reflecting specific arrangements with foreign countries in an instrument in writing rather than the regulations
and - Replace the references to ‘Gazette Notice’ in the requirements for a Work and Holiday visa with ‘instrument in writing’ in accordance with the Legislative Instruments Act 2003.
Technical details
The following provisions of the Regulations are amended:
Schedule 1:
- paragraph 1224A(3)(a)
- paragraph 1224A(3)(aa)
- subparagraph 1224A (3) (b) (ii)
- subparagraph 1224A (3) (b) (iii)
- subparagraph 1224A (3) (c) (iii)
Schedule 2:
- clause 462.211
- clause 462.211A
- clause 462.212
- clause 462.214
- clause 462.216
- subparagraph 462.217 (b)(ii)
- paragraph 462.217(c)
- paragraph 462.221(c)
- clause 462.613
- clause 462.614
Transitional arrangements:
The new Regulations apply to an application for a Work and Holiday visa made on or after 1 July 2007.
Forms:
Form 1208 (Application for a Work and Holiday Visa) will be amended to reflect the changes.
Instructions: PAM3
The PAM3:SchVisa 462 Policy Guidelines will be amended to reflect these changes.
Effect on delegations: Nil
Effect on systems: ICSE is being updated to process these applications. A Work and Holiday Portal is being developed to process these applications.