Migration (LIN 19/186: Arrangements for Applications for Bridging Visas) Instrument 2019

I, RICHARD JOHNSON, Delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, make the following instrument.

Dated 25/06/19

Richard Johnson

Richard Johnson
Senior Executive Service Band Two
Immigration, Citizenship and Multiculturalism Policy Division

Delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

Contents

Part 1 – Preliminary

1  Name

2  Commencement

3  Authority

4  Schedules

5  Definitions

Part 2 – Arrangements for Applications for Bridging Visas

6  Approved Forms

7  Place and manner for making an application

8  Additional place and manner for making a Bridging Visa E (Class WE) application on paper forms 1005 and 1008

Schedule 1 – Forms for Bridging Visa Applications

Schedule 2 – Repeals

Migration (IMMI 18/100: Arrangements for Applications for Bridging Visas) Instrument 2018 (F2018L00904)

Part 1 – Preliminary

1  Name

(1)           This instrument is the Migration (LIN 19/186: Arrangements for Applications for Bridging Visas) Instrument 2019.

(2)           This instrument may be cited as LIN 19/186.

2  Commencement

This instrument commences on 1 July 2019.

3  Authority

This instrument is made under subregulation 2.07(5) of the Regulations.

4  Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

5  Definitions

Note 1: A number of expressions used in this instrument are defined in:

(a)     regulation 1.03 of the Regulations;

(b)     subsection 5(1) of the Act including:

(i)         approved form;

(ii)       substantive visa;

(iii)     visa.

Note 2: Subsection 172(2) of the Act provides for when a person is in immigration clearance.

(1)           In this instrument:

Act means the Migration Act 1958.

bridging visa means each of the following:

(a)           Bridging A (Class WA);

(b)           Bridging B (Class WB);

(c)           Bridging C (Class WC);

(d)           Bridging D (Class WD);

(e)           Bridging E (Class WE);  

(f)            Bridging F (Class WF).

internet form means a form mentioned in paragraph 1.18(2)(b) of the Regulations.

permitted email address means each of the following:

(a)           BVEapplication.WA@homeaffairs.gov.au;

(b)           BVEapplication.QLD@homeaffairs.gov.au;

(c)           BVEapplication.NSW@homeaffairs.gov.au;

(d)           BVEapplication.VIC@homeaffairs.gov.au;

(e)           BVEapplication.SA@homeaffairs.gov.au;

(f)            BVEapplication.NT@homeaffairs.gov.au; or

(g)           BVEapplication.TAS@homeaffairs.gov.au.

Regulations means the Migration Regulations 1994.

(2)           For the purposes of sections 6 and 7, a person has a pending BVE application if the person has made an application for a Bridging E (Class WE) visa and:  

(a)      the application has not been determined to be invalid; and

(b)      the application has not been withdrawn by the applicant; and

(c)      the Minister has not granted the Bridging E (Class WE) visa; and

(d)      the Minister has not refused to grant the Bridging E (Class WE) visa.

Part 2 – Arrangements for Applications for Bridging Visas

6  Approved Forms

(1)          For subitems 1301(1), 1302(1), 1303(1), 1304(1), 1305(1), and 1306(1) of Schedule 1 to the Regulations, the approved forms for the relevant bridging visas are specified in Schedule 1:

(a)           in Column 1 – the relevant bridging visa for which a person is seeking to apply;

(b)           in Column 2 – the corresponding approved paper form for that class;

(c)           in Column 3 – the corresponding approved internet form for that class.

(2)          In addition, for a Bridging A (Class WA) visa:

(a)           form 482D or 482V is the approved form if:

(i)            authorised by the Department to apply for a substantive visa; and

(ii)          the application for that substantive visa is made using an approved form 482D or 482V;

(b)           form 1008 (Internet) is the approved form if the applicant does not have a pending BVE application.

(3)          In addition for a Bridging C (Class WC) visa:

(a)           form 482D or 482V is the approved form if:

(i)               an applicant has been authorised by the Department to apply for a substantive visa; and

(ii)               the application for that substantive visa is made using approved form 482D or 482V.

7  Place and manner for making an application

For paragraphs 1301(3)(a), 1302(3)(a), 1303(3)(a), 1304(3)(a), 1305(3)(a) and 1306(3)(a) of Schedule 1 to the Regulations, an application for a bridging visa must be made:

(a)           if the same form is used as for a substantive visa application – at the same place, and in the same manner, as specified in an instrument under subregulation 2.07(5) of the Regulations for the substantive visa application; or

(b)           for a Bridging E (Class WE) visa application if the applicant has a pending Bridging E (Class WE) visa application – at an office of immigration in Australia, but not in immigration clearance;

(c)           in any other case:

(i)               if the application form used is an internet form – as an internet application; or

(ii)               if the application form is not an internet form - at an office of immigration in Australia, but not in immigration clearance.

Note:  Regulation 2.10C of the Regulations provides for the time of making an internet application.

8  Additional place and manner for making a Bridging Visa E (Class WE) application on paper forms 1005 and 1008

(1)           For paragraph 1305(3)(a) of Schedule 1 to the Regulations, an additional specified place and manner is as follows:

(a)           a person may make an electronic application for a Bridging E (Class WE) visa, if:

(i)          the approved paper form is 1005 or 1008; and

(ii)          the application is sent by email to a permitted email address.

(2)           For paragraph 1305(3)(a) of Schedule 1 to the Regulations, applications for a Bridging E (Class WE) visa using paper form 1005 or 1008 must not be made by any electronic means, including by fax, other than as specified in subparagraph (1)(a)(ii).

Schedule 1 – Forms for Bridging Visa Applications

Schedule 2 – Repeals

Migration (IMMI 18/100: Arrangements for Applications for Bridging Visas) Instrument 2018 (F2018L00904)

The whole of the instrument

Repeal the instrument.