Maritime Crew Visa Regulations
1 July 2007 - Legislation change
Client summary
From 1 July 2007 the Migration Regulations 1994 (‘the Regulations’) are amended to introduce a new maritime crew visa (MCV).
The new MCV will replace the special purpose visas (SPVs) that are currently granted by operation of law to crew of non-military ships and their spouses and dependent children. The application process for the new MCV will allow timelier and more rigorous security checking to be undertaken before a MCV is granted.
In summary the amending regulations:
- prescribe requirements for making an application for an MCV including provision for online applications and applications by third parties
- create the criteria for grant of an MCV
- prescribe when an MCV will cease (such as failure to sign on to a ship within 5 days of entering Australia by air on a transit visa or failing to depart Australia within 5 days of signing off a ship)
- qualify the ways in which an MCV holder may enter Australia
- create passenger card exemptions for members of the crew and their spouses and dependent children, who enter Australia by sea on a non-military ship
- provide immigration clearance officers with the discretion to require SPV and MCV holders to produce evidence that establishes that they are in fact a member of the crew of a non-military ship or spouse or dependent child of a member of the crew of a non-military ship
- create a new work condition that prohibits MCV holders from working in Australia, other than as a member of the crew on a non-military ship
- ensure that persons who are granted or refused a MCV cannot obtain a SPV as a member of crew or a spouse or dependent child of a member of crew during the transitional period of 1 July 2007 to 31 December 2007
- remove from 1 January 2008 the special purpose visa regulations which relate to maritime crew and their spouses and dependent children
and - make consequential changes to other visa subclasses that are affected by the change from special purpose visas to MCVs.
Technical details
The following provisions of the Regulations are inserted or amended:
- 1.03
- 2.06AAA
- 2.07AP
- 2.40
- 2.40A
- 3.01
- 3.03AA
- Item 1227 of Schedule 1
- 457.211(a)(ii)(D) of Schedule 2
- 457.211(a)(ii)(E) of Schedule 2
- 570.211(2)(a)(ixa) of Schedule 2
- 570.227(c)(i)(IA) of Schedule 2
- 570.312(2)(a)(ixa) of Schedule 2
- 571.211(2)(a)(ixa) of Schedule 2
- 571.227(c)(i)(IA) of Schedule 2
- 571.312(2)(a)(ixa) of Schedule 2
- 572.211(2)(a)(ixa) of Schedule 2
- 572.227(c)(i)(IA) of Schedule 2
- 572.312(2)(a)(ixa) of Schedule 2
- 573.211(2)(a)(ixa) of Schedule 2
- 573.227(c)(i)(IA) of Schedule 2
- 573.312(2)(a)(ixa) of Schedule 2
- 574.211(2)(a)(ixa) of Schedule 2
- 574.227(c)(i)(IA) of Schedule 2
- 574.312(2)(a)(ixa) of Schedule 2
- 575.211(2)(a)(ixa) of Schedule 2
- 575.227(c)(i)(IA) of Schedule 2
- 575.312(2)(a)(ixa) of Schedule 2
- 576.211(2)(a)(ixa) of Schedule 2
- 576.312(2)(a)(ixa) of Schedule 2
- 580.211(2)(a)(ixa) of Schedule 2
- 580.227(c)(i)(IA) of Schedule 2
- 580.312(2)(a)(ixa) of Schedule 2
- 773.511(a)(ii)(A) of Schedule 2
- 845.211(ea) of Schedule 2
- 855.211(1)(a)(iia) of Schedule 2
- 855.211(2)(a)(i)(BA) of Schedule 2
- 856.211(1)(a)(iia) of Schedule 2
- 856.211(2)(b)(i)(BA) of Schedule 2
- 857.211(1)(a)(iia) of Schedule 2
- 857.211(2)(a)(i)(BA) of Schedule 2
- 858.211(1)(a)(iia) of Schedule 2
- 858.211(2)(b)(i)(BA) of Schedule 2
- 956.511(a)(ii)(A) of Schedule 2
- 976.511(a)(ii)(A) of Schedule 2
- 977.511(a)(ii)(A) of Schedule 2
- Part 988 of Schedule 2
- Condition 8113 of Schedule 8
- Items 16 and 16A of Schedule 9
Additional information:
Related amendments to the Migration Act:
The Migration Amendment (Maritime Crew) Act 2007 (‘the Amending Act’) amends the Migration Act 1958 to create the maritime crew visa class. The Amending Act received royal assent on 28 May 2007 and will commence by Proclamation on 1 July 2007. Details of the Amending Act are provided in a separate Notice of Legislative Change.
Details of the Amending Act are provided in a separate Notice of Legislative Change.
See: Introduction of maritime crew visa
Transitional arrangements: There will be a transitional period from 1 July 2007 to 31 December 2007 to enable crew of non-military ships and their spouses and dependent children to continue to access the existing SPV arrangements. This will assist the shipping industry to adjust to the new visa arrangements. From 1 January 2008, the MCV will be mandatory. Crew and their spouses and dependent children who arrive on or after that date without a MCV or another visa will not have permission to enter Australia.
Forms: Application forms – 1273 and 1273 Internet.
Instructions: PAM3 will reflect these legislative amendments from 1 July 2007.
Effect on delegations:
- An instrument has been made under Item 1227(3)(d)(i) of Schedule 1 specifying the post office box address to which applications must be sent.
- An instrument has been made under Item 1227(3)(d)(ii) of Schedule 1 specifying the address to which applications must be couriered.
- Certain officers have been made ‘authorised officers’ for the purposes of:
- items 2(c)(ii), 2(d)(ii), 3(c)(ii) and 3(d)(ii) of clause 988.512 of Schedule 2 to the Regulations
and - subregulation 2.06AAA(4).
Effect on systems: ICSE, Trips and Customs systems will be updated to reflect these amendments.