Migration (LIN 19/189: Arrangements for certain Business Skills Visas) Instrument 2019
I, Peter Richards, Delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, make the following legislative instrument.
Dated Nineteenth September 2019
P Richards
Peter Richards
Senior Executive Service, Band One, Immigration Programs Division
Delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs
Contents
Part 1 – Preliminary
1 Name
2 Commencement
3 Authority
4 Definitions
5 Schedules
Part 2 – Arrangements for certain Business Skills Visas
6 Approved form
7 Approved place and manner
Schedule 1—Approved forms, Places and Manner for making certain Business Skills visa applications
Schedule 2—Repeal
Specification of Arrangements for Business Skills Visa Applications 2016/106 (F2016L01764)
(1) This instrument is the Migration (LIN 19/189: Arrangements for certain Business Skills Visas) Instrument 2019
(2) This instrument may be cited as LIN 19/189.
This instrument commences the day after registration on the Federal Register of Legislation.
This instrument is made under subregulation 2.07(5) of the Migration Regulations 1994.
Note: A number of expressions used in this instrument are defined in regulation 1.03 of the Regulations such as approved form.
In this instrument:
Department means the Department of Home Affairs.
Regulations means the Migration Regulations 1994.
The instrument specified in Schedule 2 to this instrument is repealed as set out in the applicable items in the Schedule concerned, and any other item in Schedule 1 to this instrument has effect according to its terms.
Part 2 – Arrangements for certain Business Skills Visas
For the purposes of the following subitems 1104AA(1); 1104BA(1); 1104B(1); 1112(1); 1113(1); 1202A(1); and 1202(B)(1) of Schedule 1 to the Regulations, the approved form is specified in Column B of the table in Schedule 1 to this instrument for the class of visa specified in Column A of that table.
For the purposes of the following subitems 1104AA(3)(a); 1104BA(3)(a); 1104B(3)(a); 1112(3)(a); 1113(3)(a); 1202A(3)(a); and 1202B(3)(a) of Schedule 1 to the Regulations, the approved place and manner are specified in Column C of the table in Schedule 1 to this instrument for the class of visa specified in Column A of that table.
Schedule 1—Approved forms, Places and Manner for making certain Business Skills visa applications
Item No. | Column A Visa Class (and Subclass) | Column B Approved Forms | Column C Place and manner |
1 | Item 1104AA Subclass: 132 (Business Talent) visa | Form 1396 (Internet) | Applications using Form 1396 (Internet), Form 1398 (Internet), or Form 1397 (Internet) must be made as an Internet application. |
2 | Item 1104BA Subclass: 888 (Business Innovation and Investment Provisional) visa | Form 1398 (Internet) | |
3 | Item 1202B Subclass: 188 (Business Innovation and Investment (Provisional) visa | Form 1397 (Internet)
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4 | Item 1104B Subclasses: 890 (Business Owner) visa 891 (Investor) visa 892 (State/Territory Sponsored Business Owner) visa 893 (State/Territory Sponsored Investor) visa | (a) For applicants seeking to satisfy the criteria for the grant of a Subclass 890 (Business Owner) visa:- Form 47BU and Form 1217; or (b) For applicants seeking to satisfy the criteria for the grant of a Subclass 891 (Investor) visa: Form 47BU; or (c) For applicants seeking to satisfy the criteria for the grant of a Subclass 892 (State/Territory Sponsored Business Owner) visa: Form 47BU, Form 1217 and Form 949; or (d) For applicants seeking to satisfy the criteria for the grant of a Subclass 893 (State/Territory Sponsored Investor) visa: Form 47BU and Form 949. | Applications must be made by: (a) post, with correct prepaid postage to: Adelaide Business Skills Processing Centre ADELAIDE SA 5001 (b) courier service delivery to: Adelaide Business Skills Processing Centre |
5 | Item 1112 Subclass: 124 (Distinguished Talent) visa | Form 47SV | Applications must be made by: (a) post, with correct prepaid postage to: Adelaide Business Skills Processing Centre (b) courier service delivery to: Adelaide Business Skills Processing Centre (c) online lodgement through the Department’s lodgement portal at the following address:
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6 | Item 1113 Subclass: 858 (Distinguished Talent) visa | Form 47SV | Applications must be made by: (a) post, with the correct prepaid postage to: Adelaide Business Skills Processing Centre (b) courier service delivery to: Adelaide Business Skills Processing Centre (c) online lodgement through the Department’s lodgement portal at the following address:
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7 | Item 1202A Subclasses: 160 (Business Owner (Provisional)) visa 161 (Senior Executive (Provisional)) visa 162 (Investor (Provisional)) visa 163 (State/Territory Sponsored Business Owner (Provisional)) visa 164 (State/Territory Sponsored Senior Executive (Provisional)) visa | Form 47BT and: (a) Form 1136; or (b) Form 1137; or (c) Form 1139. | If the applicant’s residential address, provided to the Department using Form 47BT, is in Taiwan or the People’s Republic of China, including Hong Kong or Macau, having the application delivered by courier service to the following address: Australian Consulate General In any other case, applications must be made by: (a) post, with correct prepaid postage to: Adelaide Business Skills Processing Centre (b) courier service delivery to: Adelaide Business Skills Processing Centre |
Specification of Arrangements for Business Skills Visa Applications 2016/106 (F2016L01764)
1 The whole of the instrument
Repeal the instrument