Visa application charges on Tourist (Class TR) visa and Temporary Business Entry (Class UC) (Subclass 456) visa. Studying on Subclass 676
1 July 2007 - Legislation change
Client summary
From 01 July 2007 the Migration Regulations 1994 (‘the regulations’) are amended to prescribe a nil visa application charge (VAC) to:
- nationals of EU member states outside Australia who apply online for a Tourist (Class TR) visa for up to three months stay in Australia
- nationals of EU member states applying for a Temporary Business Entry (Class UC) (subclass 456) visa
and - individuals specified by the minister in a legislative instrument for whom a nil VAC will be prescribed under Classes TR and UC, including those attending a special event and those whose home country is in a state of emergency/humanitarian crisis.
Subclass 676 will also be amended to allow non-student visa holders to be granted (if in Australia when they apply) a subclass 676 for the purposes of studying. Student visa holders will also be able to be granted a subclass 676 in Australia for the purposes of studying provided that they are not:
- commencing a CRICOS registered course
or - continuing or completing a CRICOS registered course in which they are enrolled.
Technical details
The following provisions of the Regulations are amended:
Schedule 1,
subparagraph 1218(2)(a)(i)
subparagraph 1218(3)(e)(i)
subparagraph 1223A(2)(a)(viii)
Schedule 2,
subparagraph 676.221(2)(c)(ii)
paragraph 676.221(2)(e)
clause 676.212(appearing after clause 676.611)
Additional information:
The amendments provide flexibility for the Minister to exercise the discretion to specify in a legislative instrument classes of applicants in certain circumstances for a nil visa application charge. The amendments will also enable persons who are seeking to study in Australia in certain circumstances to apply in Australia for a Tourist (Class TR) visa. A number of minor technical amendments to the criteria will also be made.
Transitional arrangements:
The amendments apply to applications made on or after 1 July 2007.
Forms: Forms 990i, 456 and 48R (Internet) have been updated to reflect the nil VAC changes, and will be effective from 1 July 2007. Form 999i Visiting Australia – Study Options will be withdrawn from 1 July 2007. The website will however be updated to reflect those legislative changes.
Instructions: GenGuide H will be amended to reflect these legislative amendments of 1 July 2007.Note GenGuide H is due back with Instructions & Legend on 31 July 2007.
Effect on delegations: Nil
Effect on systems: ICSE (including e676) and IRIS have been amended to reflect the legislative amendments with effect from 1 July 2007.