Annual adjustment of fees and Visa Application Charges
1 July 2009 Legislation Change
Client summary
From 1 July 2009, the Migration Regulations 1994 ('the Migration Regulations') are amended to effect the annual adjustment of fees and Visa Application Charges (VACs). The majority of fees and VACs increase by 20 per cent. VACs which do not increase by 20 per cent include those that were substantially increased during the previous financial year. Those particular VACs are being increased by 4.4 per cent, in accordance with changes to the Consumer Price Index (CPI). The second instalments of the VAC for Contributory Parent and Contributory Aged Parent visas increase in accordance with the Contributory Parent Visa Composite Index (CPVCI), calculated by the Australian Government Actuary, which is 4.9 per cent for the 2009-10 financial year. The first instalments of the VAC for Resident Return visas increase by 10 per cent.
The annual adjustment process is done in accordance with government policy and the Migration (Visa Application) Charge Act 1997.
The Immigration (Education) Regulations 1992 ('the Education Regulations') are also amended from 1 July 2009 to effect the annual adjustment of fees for prescribed English courses available to migrants and other persons under section 4 of the Immigration (Education) Act 1971 (the 'Education Act'). The prescribed fee for a formal English course provided in accordance with section 4 of the Education Act is increased from $335 to $400, and the prescribed fee for an English course that is not a formal English course provided in accordance with section 4 of the Education Act is increased from $75 to $90. The fees are increased in accordance with subsections 4A(3A) and (3B) of the Education Act.
Most increases are rounded to a multiple of $5.00.
Affected legislation
The following provisions of the Migration Regulations are amended:
Parts 1 and 5 of, and Schedule 1 to, the Migration Regulations. A full list of the amendments is available on Commonwealth Law.
See: Commonwealth Law
The following provisions of the Education Regulations are amended:
Paragraphs 4(1)(a) and (b).
Additional information: As detailed in the Budget Papers for 2009‑10, the Government will increase the majority of fees and VACs by 20 per cent. These increases help offset the wider costs associated with the operation of the migration and temporary entry program.
Transitional provisions: The amendments to the Migration Regulations apply in relation to an obligation to pay a fee or VAC incurred on or after 1 July 2009.
The amendments to the Education Regulations apply in relation to an enrolment in a prescribed English course on or after 1 July 2009.
Forms: The July 2009 version of the Charges Form 990i reflects the changes in fees and VACs which result from the annual adjustment process.