LIN 21/045

Migration (Arrangements for Bridging visa applications) Instrument (LIN 21/045) 2021

I, Andrew Kefford, delegate of the Minister for Home Affairs, make this instrument under subregulation 2.07(5) of the Migration Regulations 1994.

Dated 22 June 2021

Andrew Kefford

Deputy Secretary
Immigration and Settlement Services Group
Department of Home Affairs

1 Name

 This instrument is the Migration (Arrangements for Bridging visa applications) Instrument (LIN 21/045) 2021.

2 Commencement

 This instrument commences on 1 July 2021.

3 Definitions

 In this instrument:

 Act means the Migration Act 1958.

 Department means Department of Home Affairs.

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

Regulations means the Migration Regulations 1994.

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

(a) regulation 1.03 of the Regulations; and

(b) subsection 5(1) of the Act, including approved form, substantive visa and visa.

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

4 Approved form

 (1)For subregulation 2.07(5) of the Regulations, each form mentioned in an item in Schedule 1 is an approved form for the class of visa mentioned in the item.

 (2)For a Bridging A (Class WA) visa, form 482D, 482V or 494V is also an approved form if:

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

(b) the application for the substantive visa is made using approved form 482D, 482V or 494V.

 (3)For a Bridging C (Class WC) visa, form 482D, 482V or 494V is also an approved form if:

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

(b) the application for the substantive visa is made using approved form 482D, 482V or 494V.

 (4)For a Bridging E (Class WE) visa, form 1008 (Internet) is also an approved form, if the applicant does not have another pending BVE application.

 (5)For subsection (4), an applicant has a pending BVE application if:

(a) the applicant has made an application for Bridging E (Class WE) visa; and

(b) the application has not been determined to be invalid, or withdrawn by the applicant; and

(c) the Minister has neither granted nor refused to grant the Bridging E (Class WE) visa.

5  Place and manner of making 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 visa must be made:

(a) if the same form is used 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) in any other case:

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

 (ii) if the application form used 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.

6  Additional place and manner for making Bridging E (Class WE) visa application in paper form 1005 or 1008

  For paragraph 1305(3)(a) of Schedule 1 to the Regulations, an application for Bridging E (Class WE) visa using paper form 1005 or 1008 must not be made by any electronic means, including by fax or email.

Note An application using paper form 1005 or 1008 can be made by post to an office of immigration or in person.

7 Repeal

 Migration (LIN 20/068: Arrangements for Bridging visa applications) Instrument 2020 (F2020L00610) is repealed.

Schedule 1 Forms for bridging visa applications

(section 4)