Amendments relating to 400 series visas
9 November 2009 Legislation Change
Client summary
From 9 November 2009, minor amendments are made to the Migration Regulations 1994 ('the Regulations') to clarify some aspects of the new sponsorship framework set up under the Migration Legislation Amendment (Worker Protection) Act 2008, which commenced on 14 September 2009.
Affected legislation
The following provisions of the Regulations are amended:
- Part 2A – Regulation 2.12BC, subregulation 2.721(4) and paragraphs 2.80(5)(a) and 2.85(4)(a)
- Schedule 1 – subitems 1205(2) and (3) and 1223A(3).
Additional information
The amendments clarify that, to approve a nomination by an occupational trainee sponsor on the basis that the occupational training is required for registration, membership or licensing, the Minister must be satisfied that the nominated occupational training is workplace-based. This provides consistency with the other nomination criteria relating to occupational training.
The amendments also clarify that the start date of the obligation to pay travel costs is applicable where the sponsored person holds a Subclass 416 (Special Program) visa and that the start date of the obligation to secure an offer of a reasonable standard of accommodation is applicable where the sponsored person holds a Subclass 421 (Sport) visa.
Amendments to the criteria for making a valid application are made to:
- clarify that an applicant seeking to satisfy the criteria for a Subclass 420 (Entertainment) visa, who has been identified in a nomination by an approved sponsor who is funded wholly or in part by the Commonwealth, and is approved by the Secretary, will not have to pay a visa application charge; and
- ensure that all applicants must apply for a Subclass 420 (Entertainment) visa by posting, delivering or faxing the application to the address specified by the Minister in an instrument in writing, while only primary applicants for a Subclass 420 (Entertainment) visa must provide completed form 1379 (the approved nomination form) with their application; and
- allow the de facto partner of a primary applicant to apply for a Subclass 456 (Business (Short Stay)) visa at the same time and place as, and combined with, the primary application.
Transitional provisions
The amendments apply in relation to an application for a visa and an application for approval as a sponsor made on or after 9 November 2009.
Forms
No changes to forms are required.
Instructions
PAM3: PAM3 will be amended to reflect these changes by 9 November 2009.