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MIGRATION REGULATIONS 1994 - SCHEDULE 1

Classes of visa

(regulations 2.01 and 2.07)

Note :          This Schedule sets out the specific ways in which a non-citizen applies for a visa of a particular class. An application that is not made as set out in this Schedule is not valid and will not be considered: see the Act, ss 45, 46 and 47.

Part 1 -- Permanent visas

   

1104AA   Business Skills--Business Talent (Permanent) (Class EA)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

 

First instalment

Item

Component

Amount

1

Base application charge

$6 990

2

Additional applicant charge for an applicant who is at least 18

$3 495

3

Additional applicant charge for an applicant who is less than 18

$1 745

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  second instalment (payable before grant of visa):

 

Second instalment

Item

Applicant

Amount

1

Applicant who:

(a) was at least 18 at the time of application; and

(b) is assessed as not having functional English; and

(c) satisfies the primary criteria for the grant of a Subclass 132 (Business Talent) visa

$9 795

2

Applicant who:

(a) was at least 18 at the time of application; and

(b) is assessed as not having functional English; and

(c) satisfies the secondary criteria for the grant of a Subclass 132 (Business Talent) visa

$4 890

3

Any other applicant

Nil

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  An applicant may be in or outside Australia, but not in immigration clearance.

                     (c)  An applicant in Australia must hold:

                              (i)  a substantive visa; or

                             (ii)  a Subclass 010 Bridging A visa; or

                            (iii)  a Subclass 020 Bridging B visa; or

                            (iv)  a Subclass 030 Bridging C visa.

                     (d)  An application by a person claiming to be a member of the family unit of a person who is an applicant for a Business Skills--Business Talent (Permanent) (Class EA) visa may be made at the same time as, and combined with, the application by that person.

             (4)  An applicant seeking to satisfy the primary criteria for a Subclass 132 (Business Talent) visa in the Significant Business History stream must meet the requirements in the table.

 

Item

Requirements

1

The applicant must have been invited, in writing, by the Minister to apply for a Subclass 132 (Business Talent) visa in the Significant Business History stream

2

The applicant must apply for that visa within the period stated in the invitation

3

The applicant must be nominated by a State or Territory government agency

Note:          The invitation to apply for the visa will identify the stream to which the invitation relates.

             (5)  An applicant seeking to satisfy the primary criteria for a Subclass 132 (Business Talent) visa in the Venture Capital Entrepreneur stream must meet the requirements in the table.

 

Item

Requirements

1

The applicant must have been invited, in writing, by the Minister to apply for a Subclass 132 (Business Talent) visa in the Venture Capital Entrepreneur stream

2

The applicant must apply for that visa within the period stated in the invitation

3

The applicant must be nominated by a State or Territory government agency

Note:          The invitation to apply for the visa will identify the stream to which the invitation relates.

             (6)  Subclasses:

                            Subclass 132   (Business Talent)

1104BA   Business Skills (Permanent) (Class EC)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

 

First instalment

Item

Component

Amount

1

Base application charge

$2,305

2

Additional applicant charge for an applicant who is at least 18

$1,155

3

Additional applicant charge for an applicant who is less than 18

$575

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  second instalment (payable before grant of visa):

 

Second instalment

Item

Applicant

Amount

1

Applicant who:

(a) was at least 18 at the time of application; and

(b) is assessed as not having functional English; and

(c) satisfies the secondary criteria for the grant of a Subclass 888 (Business Innovation and Investment (Permanent)) visa; and

(d) has not paid a second instalment of the visa application charge in relation to an application for a Subclass 188 (Business Innovation and Investment (Provisional)) visa

$4 890

2

Any other applicant

Nil

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  An applicant may be in or outside Australia, but not in immigration clearance.

                     (c)  An applicant seeking to satisfy the primary criteria must be nominated by:

                              (i)  if the applicant is seeking to satisfy the primary criteria for the grant of a Subclass 888 (Business Innovation and Investment (Permanent)) visa in the Business Innovation stream, the Investor stream or the Entrepreneur stream--a State or Territory government agency; or

                             (ii)  if the applicant is seeking to satisfy the primary criteria for the grant of a Subclass 888 (Business Innovation and Investment (Permanent)) visa in the Significant Investor stream--a State or Territory government agency or the CEO of Austrade; or

                            (iii)  if the applicant is seeking to satisfy the primary criteria for the grant of a Subclass 888 (Business Innovation and Investment (Permanent)) visa in the Premium Investor stream--the CEO of Austrade.

                     (d)  An application by a person claiming to be a member of the family unit of a person who is an applicant for a Business Skills (Permanent) (Class EC) visa may be made at the same time as, and combined with, the application by that person.

             (4)  An applicant seeking to satisfy the primary criteria for the grant of a Subclass 888 (Business Innovation and Investment (Permanent)) visa in the Business Innovation stream must meet the requirements in at least one item in the table.

Item

Requirements

1

The applicant holds a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Business Innovation stream or the Business Innovation Extension stream

2

The applicant holds a Subclass 188 (Business Innovation and Investment (Provisional)) visa granted on the basis that the applicant was the spouse or de facto partner of a person who held a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Business Innovation stream or the Business Innovation Extension stream

3

The applicant holds a Subclass 444 (Special Category) visa

4

The applicant holds a Subclass 457 (Business (Long Stay)) visa granted on the basis that:

(a) the applicant; or

(b) the applicant's spouse or de facto partner (if any); or

(c) the applicant's former spouse or de facto partner;

satisfied the criteria in subclause 457.223(7) or (7A) of Schedule 2 for the grant of the visa

             (5)  An applicant seeking to satisfy the primary criteria for the grant of a Subclass 888 (Business Innovation and Investment (Permanent)) visa in the Investor stream must meet the requirements in at least one item in the table.

Item

Requirements

1

The applicant holds a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Investor stream

2

The applicant holds a Subclass 188 (Business Innovation and Investment (Provisional)) visa granted on the basis that the applicant was the spouse or de facto partner of a person who held a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Investor stream

          (5A)  An applicant seeking to satisfy the primary criteria for the grant of a Subclass 888 (Business Innovation and Investment (Permanent)) visa in the Significant Investor stream must meet the requirements in at least one item in the table.

Item

Requirements

1

The applicant holds a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Significant Investor stream or the Significant Investor Extension stream

2

Both of the following apply:

(a) the applicant holds a Subclass 188 (Business Innovation and Investment (Provisional)) visa granted on the basis that the applicant was the spouse or de facto partner of a person who held a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Significant Investor stream or the Significant Investor Extension stream;

 

(b) either:

(i) the applicant has ceased to be the spouse or de facto partner of that person; or

(ii) that person has since died

          (5B)  An applicant seeking to satisfy the primary criteria for the grant of a Subclass 888 (Business Innovation and Investment (Permanent)) visa in the Premium Investor stream must meet the requirements in at least one item in the table.

Item

Requirements

1

The applicant holds a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Premium Investor stream

2

Both of the following apply:

(a) the applicant holds a Subclass 188 (Business Innovation and Investment (Provisional)) visa granted on the basis that the applicant was the spouse or de facto partner of a person (the primary visa holder ) who held a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Premium Investor stream;

(b) either:

(i) the applicant has ceased to be the spouse or de facto partner of the primary visa holder; or

(ii) that primary visa holder has since died

          (5C)  An applicant seeking to satisfy the primary criteria for the grant of a Subclass 888 (Business Innovation and Investment (Permanent)) visa in the Entrepreneur stream must hold a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Entrepreneur stream.

             (6)  Subclasses:

                            Subclass 888   (Business Innovation and Investment (Permanent))

1104B   Business Skills (Residence) (Class DF)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

                              (i)  for an applicant:

                                        (A)  who is the holder of a Skilled--Independent Regional (Provisional) (Class UX) visa; or

                                        (B)  whose application is combined, or sought to be combined, with an application made by that holder:

 

First instalment

Item

Component

Amount

1

Base application charge

$325

2

Additional applicant charge for an applicant who is at least 18

$165

3

Additional applicant charge for an applicant who is less than 18

$80

 

                             (ii)  for any other applicant:

 

First instalment

Item

Component

Amount

1

Base application charge

$2 180

2

Additional applicant charge for an applicant who is at least 18

$1 090

3

Additional applicant charge for an applicant who is less than 18

$545

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  second instalment (payable before grant of visa):

 

Second instalment

 

Item

Applicant

Amount

1

Applicant who:

(a) was at least 18 at the time of application; and

(b) is assessed as not having functional English; and

$4 890

 

(c) satisfies the secondary criteria for the grant of a visa of a subclass included in Business Skills (Residence) (Class DF); and

(d) is not the holder of a visa of a subclass included in Business Skills (Provisional) (Class UR); and

(e) is not the holder of a Skilled--Independent Regional (Provisional) (Class UX) visa

 

2

Any other applicant

Nil

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  Applicant seeking to satisfy the primary criteria must be in Australia, but not in immigration clearance.

                     (c)  Applicant seeking to satisfy the secondary criteria may be in or outside Australia, but not in immigration clearance.

                     (d)  Applicant seeking to satisfy the primary criteria for the grant of a Subclass 890 (Business Owner) visa must hold a visa of a subclass included in Business Skills (Provisional) (Class UR), granted on the basis that the applicant, or the spouse or de facto partner of the applicant (if any), or the former spouse or former de facto partner of the applicant, satisfied the primary criteria for the grant of the visa.

                     (e)  Applicant seeking to satisfy the primary criteria for the grant of a Subclass 891 (Investor) visa must hold a Subclass 162 (Investor (Provisional)) visa granted on the basis that the applicant satisfied the primary criteria for the grant of the visa.

                      (f)  For an applicant seeking to satisfy the primary criteria for the grant of a Subclass 892 (State/Territory Sponsored Business Owner) visa, applicant must hold a visa of a subclass included in Business Skills (Provisional) (Class UR), granted on the basis that the applicant, or the spouse or de facto partner of the applicant (if any), or the former spouse or former de facto partner of the applicant, satisfied the primary criteria for the grant of the visa.

                     (g)  Applicant seeking to satisfy the primary criteria for the grant of a Subclass 893 (State/Territory Sponsored Investor) visa must hold a Subclass 165 (State/Territory Sponsored Investor (Provisional)) visa granted on the basis that the applicant satisfied the primary criteria for the grant of the visa.

                     (h)  Application by a person claiming to be a member of the family unit of a person who is an applicant for a Business Skills (Residence) (Class DF) visa may be made at the same time and place as, and combined with, the application by that person.

                      (i)  For applicant seeking to satisfy the primary criteria for the grant of a Subclass 892 (State/Territory Sponsored Business Owner) or 893 (State/Territory Sponsored Investor) visa:

                              (i)  applicant must be sponsored by an appropriate regional authority; and

                             (ii)  form 949 must be signed by an officer of the authority who is authorised to sign a sponsorship of that kind.

             (4)  Subclasses:

                    890  (Business Owner)

                    891  (Investor)

                    892  (State/Territory Sponsored Business Owner)

                    893  (State/Territory Sponsored Investor)

1108   Child (Migrant) (Class AH)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

                              (i)  for an applicant:

                                        (A)  who appears to the Minister, on the basis of information contained in the application, to be an orphan relative; or

                                        (B)  whose application is combined, or sought to be combined, with an application made by that person:

 

First instalment

 

Item

Component

Amount

1

Base application charge

$1 450

 

2

Additional applicant charge for an applicant who is at least 18

$725

 

3

Additional applicant charge for an applicant who is less than 18

$365

 

 

                             (ii)  for any other applicant:

 

First instalment

Item

Component

Amount

1

Base application charge

$2 370

2

Additional applicant charge for an applicant who is at least 18

$1 185

3

Additional applicant charge for an applicant who is less than 18

$595

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  the second instalment (payable before grant of visa) is nil.

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                    (aa)  Applicant must be outside Australia.

                     (b)  Application by a person claiming to be a member of the family unit of a person who is an applicant for a Child (Migrant) (Class AH) visa may be made at the same time and place as, and combined with, the application by that person.

                     (c)  An application is not a valid application if:

                              (i)  the applicant seeks to meet the requirements in subclause 102.211(2) of Schedule 2 by claiming to have been adopted in an overseas country at a particular time; and

                             (ii)  the country is specified by the Minister in a legislative instrument made for the purposes of this paragraph; and

                            (iii)  if a period is specified in the instrument in relation to the country--the time referred to in subparagraph (i) is within that period.

             (4)  Subclasses:

                    101  (Child)

                    102  (Adoption)

                    117  (Orphan Relative)

1108A   Child (Residence) (Class BT)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

                              (i)  for an applicant:

                                        (A)  who appears to the Minister, on the basis of information contained in the application, to be an orphan relative; or

                                        (B)  whose application is combined, or sought to be combined, with an application made by that person:

 

First instalment

 

Item

Component

Amount

1

Base application charge

$1 450

2

Additional applicant charge for an applicant who is at least 18

$725

3

Additional applicant charge for an applicant who is less than 18

$365

 

                            (iii)  for an applicant whose application is:

                                        (A)  supported by a letter of support from a State or Territory government welfare authority; or

                                        (B)  combined, or sought to be combined, with an application made by that person;

                                   the amount is nil; and

                            (iv)  for any other applicant:

 

First instalment

Item

Component

Amount

1

Base application charge

$2 370

2

Additional applicant charge for an applicant who is at least 18

$1 185

3

Additional applicant charge for an applicant who is less than 18

$595

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  the second instalment (payable before grant of visa) is nil.

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  Applicant must be in Australia but not in immigration clearance.

                     (c)  Application by a person claiming to be a member of the family unit of a person (the first applicant ) who is an applicant for a Child (Residence) (Class BT) visa:

                              (i)  if subparagraph (ii) does not apply--may be made at the same time and place as, and combined with, the application made by the first applicant; and

                             (ii)  if the first applicant's application for a Child (Residence) (Class BT) visa is supported by a letter of support from a State or Territory government welfare authority--may not be made at the same time and place as, and combined with, the application made by the first applicant.

                     (d)  Application by a person whose application is supported by a letter of support from a State or Territory government welfare authority may be made if the person has not turned 18 at the time the application is made.

                     (e)  For an application made by a person to whom section 48 of the Act applies:

                              (i)  the applicant:

                                        (A)  has not turned 25; or

                                        (B)  claims to be incapacitated for work due to total or partial loss of bodily or mental functions; and

                             (ii)  if the applicant is not claiming to be an orphan relative of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, the applicant must provide, at the same time and place as making the application, an approved form 40CH that has been completed and signed by an Australian citizen, Australian permanent resident or eligible New Zealand citizen who claims to be the parent of the applicant; and

                            (iii)  if the applicant claims to be incapacitated for work due to total or partial loss of bodily or mental functions, the applicant must provide, at the same time and place as making the application, evidence from a medical practitioner that supports the applicant's claim.

                      (f)  An application is not a valid application if:

                              (i)  the applicant seeks to meet the requirements in subclause 802.213(5) of Schedule 2 by claiming to have been adopted in an overseas country at a particular time; and

                             (ii)  the country is specified by the Minister in a legislative instrument made for the purposes of this paragraph; and

                            (iii)  if a period is specified in the instrument in relation to the country--the time referred to in subparagraph (i) is within that period.

             (4)  Subclasses:

                    802  (Child)

                    837  (Orphan Relative)

             (5)  In this item:

letter of support means a letter of support provided by a State or Territory government welfare authority that:

                     (a)  supports a child's application for permanent residency in Australia; and

                     (b)  sets out:

                              (i)  the circumstances leading to the involvement of a State or Territory government welfare authority in the welfare of the child; and

                             (ii)  the State or Territory government welfare authority's reasons for supporting the child's application for permanent residency in Australia; and

                     (c)  describes the nature of the State or Territory government welfare authority's continued involvement in the welfare of the child; and

                     (d)  shows the letterhead of the State or Territory government welfare authority; and

                     (e)  is signed by a manager or director employed by the State or Territory government welfare authority.

"medical practitioner " means a person registered as a medical practitioner under a law of a State or Territory providing for the registration of medical practitioners.

1111   Confirmatory (Residence) (Class AK)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

                              (i)  for an applicant covered by subitem (2A):

 

First instalment

 

Item

Component

Amount

1

Base application charge

$275

 

2

Additional applicant charge for an applicant who is at least 18

$140

 

3

Additional applicant charge for an applicant who is less than 18

$70

 

 

                             (ii)  for any other applicant, the amount is nil.

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  second instalment (payable before grant of visa):

 

Second instalment

Item

Applicant

Amount

1

Applicant who is the holder of a Subclass 302 (Emergency (Permanent Visa Applicant)) visa

The second instalment of the visa application charge that applied to that visa, less any payment already made towards that instalment

2

Any other applicant

Nil

          (2A)  This subitem covers the following applicants:

                     (a)  an applicant:

                              (i)  who was granted a Subclass 773 (Border) visa on last arriving in Australia; or

                             (ii)  whose application is combined, or sought to be combined, with an application made by that person;

                     (b)  an applicant whose application is made on the basis that, on 30 June 2016, he or she held any of the following permits granted under the Immigration Act 1980 (Norfolk Island):

                              (i)  a temporary entry permit;

                             (ii)  a general entry permit;

                            (iii)  an unrestricted entry permit (a UEP );

                     (c)  an applicant whose application is made on the basis that:

                              (i)  on 30 June 2016, the applicant did not hold any of the permits mentioned in paragraph (b); and

                             (ii)  at any time before 30 June 2016, the applicant held a UEP; and

                            (iii)  at that time, the applicant was ordinarily resident in Norfolk Island;

                     (d)  an applicant whose application is made on the basis that:

                              (i)  on or before 30 June 2016, the applicant was born outside Norfolk Island (whether in or outside Australia); and

                             (ii)  on 30 June 2016, the applicant did not hold any of the permits mentioned in paragraph (b); and

                            (iii)  on 30 June 2016, a parent of the applicant, other than an adoptive parent of the applicant, was covered by paragraph (b) or (c); and

                            (iv)  on 30 June 2016, the applicant was a dependent child of the parent;

                     (e)  an applicant whose application is made on the basis that clause 808.311 of Schedule 2 is satisfied in relation to an applicant covered by paragraph (b), (c) or (d) of this subitem.

Note:       Paragraph (e) applies to a dependent child of the other applicant born in Australia on or after 1 July 2016. The child's application must be combined with that of the parent.

             (3)  Other, unless paragraph (2A)(b), (c), (d) or (e) covers the applicant:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  Applicant must be in Australia but not in immigration clearance.

                     (c)  Application by a person claiming to be a member of the family unit of a person who is an applicant for a Confirmatory (Residence) (Class AK) visa may be made at the same time and place as, and combined with, the application by that person.

          (3A)  Other, if paragraph (2A)(b), (c), (d) or (e) covers the applicant:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  Applicant may be in or outside Australia, but must not be in immigration clearance.

                     (c)  Application by a person claiming to be a member of the family unit of a person who is an applicant for a Confirmatory (Residence) (Class AK) visa may be made at the same time and place as, and combined with, the application by that person.

                     (d)  Application by a person is not a valid application if:

                              (i)  the visa held by the person that was most recently in effect is, or was, the subject of a notice under the Act proposing cancellation; and

                             (ii)  the person has not been notified of a decision not to proceed with the cancellation; and

                            (iii)  the visa was not the subject of a decision to cancel the visa under the Act.

                     (e)  Application by a person is not a valid application if:

                              (i)  the visa held by the person that was most recently in effect was the subject of a decision to cancel the visa under the Act (whether or not the decision has come into effect); and

                             (ii)  the decision to cancel the visa has not been set aside by the Tribunal.

             (4)  Subclasses:

                    808  (Confirmatory)

1112   Distinguished Talent (Migrant) (Class AL)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

 

First instalment

Item

Component

Amount

1

Base application charge

$3 655

2

Additional applicant charge for an applicant who is at least 18

$1 830

3

Additional applicant charge for an applicant who is less than 18

$915

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  second instalment (payable before grant of visa):

 

Second instalment

Item

Applicant

Amount

1

Applicant who:

(a) was at least 18 at the time of application; and

(b) is assessed as not having functional English

$4 890

2

Any other applicant

Nil

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                    (aa)  Applicant may be in or outside Australia, but not in immigration clearance.

                     (b)  Application by a person claiming to be a member of the family unit of a person who is an applicant for a Distinguished Talent (Migrant) (Class AL) visa may be made at the same time and place as, and combined with, the application by that person.

                     (c)  If the applicant seeks to meet the requirements of subclause 124.211(2), application must be accompanied by a completed approved form 1000.

                     (d)  If the applicant seeks to meet the requirements of subclause 124.211(4), the Minister must have received advice from:

                              (i)  the Minister responsible for an intelligence or security agency within the meaning of the Australian Security Intelligence Organisation Act 1979 ; or

                             (ii)  the Director-General of Security;

                            that the applicant has provided specialised assistance to the Australian Government in matters of security.

             (4)  Subclasses:

                    124  (Distinguished Talent)

1113   Distinguished Talent (Residence) (Class BX)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

 

First instalment

Item

Component

Amount

1

Base application charge

$3 655

2

Additional applicant charge for an applicant who is at least 18

$1 830

3

Additional applicant charge for an applicant who is less than 18

$915

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  second instalment (payable before grant of visa):

 

Second instalment

Item

Applicant

Amount

1

Applicant who:

(a) was at least 18 at the time of application; and

(b) is assessed as not having functional English

$4 890

2

Any other applicant

Nil

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  Applicant must be in Australia but not in immigration clearance.

                     (c)  Application by a person claiming to be a member of the family unit of a person who is an applicant for a Distinguished Talent (Residence) (Class BX) visa may be made at the same time and place as, and combined with, the application by that person.

                     (d)  If the applicant seeks to meet the requirements of subclause 858.212(2), application must be accompanied by a completed approved form 1000.

                     (e)  If the applicant seeks to meet the requirements of subclause 858.212(4), the Minister must have received advice from:

                              (i)  the Minister responsible for an intelligence or security agency within the meaning of the Australian Security Intelligence Organisation Act 1979 ; or

                             (ii)  the Director-General of Security;

                            that the applicant has provided specialised assistance to the Australian Government in matters of security.

             (4)  Subclasses:

                    858  (Distinguished Talent)

1114B   Employer Nomination (Permanent) (Class EN)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

 

First instalment

Item

Component

Amount

1

Base application charge

$3 600

2

Additional applicant charge for an applicant who is at least 18

$1 800

3

Additional applicant charge for an applicant who is less than 18

$900

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  second instalment (payable before grant of visa):

 

Second instalment

Item

Applicant

Amount

1

Applicant:

(a) who was at least 18 at the time of application; and

(b) who is assessed as not having functional English; and

(c) who satisfies the primary criteria for the grant of a Subclass 186 (Employer Nomination Scheme) visa ; and

(d) to whom item 3 does not apply

$9 800

2

Applicant:

(a) who was at least 18 at the time of application; and

(b) who is assessed as not having functional English; and

(c) who satisfies the secondary criteria for the grant of a Subclass 186 (Employer Nomination Scheme) visa; and

(d) to whom item 3 does not apply

$4 890

3

Applicant who is:

(a) nominated as a Minister of Religion by a religious institution; or

(b) a member of the family unit of an applicant referred to in paragraph (a)

Nil

4

Any other applicant

Nil

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  An applicant may be in or outside Australia, but not in immigration clearance.

                     (c)  An applicant in Australia must hold:

                              (i)  a substantive visa; or

                             (ii)  a Subclass 010 (Bridging A) visa; or

                            (iii)  a Subclass 020 (Bridging B) visa; or

                            (iv)  a Subclass 030 (Bridging C) visa.

                     (d)  An applicant seeking to satisfy the primary criteria must declare in the application that the position to which the application relates is a position nominated:

                              (i)  under regulation 5.19; or

                             (ii)  in accordance with a labour agreement that is in effect, by an employer that is a party to the labour agreement.

                   (da)  An applicant seeking to satisfy the primary criteria must declare in the application (the primary application ) whether or not either:

                              (i)  the applicant; or

                             (ii)  any person who has made a combined application with the applicant;

                            has engaged in conduct, in relation to the primary application or the combined application, that constitutes a contravention of subsection 245AS(1) of the Act.

                     (e)  An application by a person claiming to be a member of the family unit of a person who is an applicant for an Employer Nomination (Permanent) (Class EN) visa may be made at the same time as, and combined with, the application by that person.

             (4)  Subclasses:

                            Subclass 186   (Employer Nomination Scheme)

1114C   Regional Employer Nomination (Permanent) (Class RN)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

 

First instalment

Item

Component

Amount

1

Base application charge

$3 600

2

Additional applicant charge for an applicant who is at least 18

$1 800

3

Additional applicant charge for an applicant who is less than 18

$900

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  second instalment (payable before grant of visa):

 

Second instalment

Item

Applicant

Amount

1

Applicant:

(a) who was at least 18 at the time of application; and

(b) who is assessed as not having functional English; and

(c) who satisfies the primary criteria for the grant of a Subclass 187 (Regional Sponsored Migration Scheme) visa ; and

(d) to whom item 3 does not apply

$9 800

2

Applicant:

(a) who was at least 18 at the time of application; and

(b) who is assessed as not having functional English; and

(c) who satisfies the secondary criteria for the grant of a Subclass 187 (Regional Sponsored Migration Scheme) visa; and

(d) to whom item 3 does not apply

$4 890

3

Applicant who is:

(a) nominated as a Minister of Religion by a religious institution; or

(b) a member of the family unit of an applicant referred to in paragraph (a)

Nil

4

Any other applicant

Nil

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  An applicant may be in or outside Australia, but not in immigration clearance.

                     (c)  An applicant in Australia must hold:

                              (i)  a substantive visa; or

                             (ii)  a Subclass 010 (Bridging A) visa; or

                            (iii)  a Subclass 020 (Bridging B) visa; or

                            (iv)  a Subclass 030 (Bridging C) visa.

                     (d)  An applicant seeking to satisfy the primary criteria must declare in the application that the position to which the application relates is a position nominated:

                              (i)  under regulation 5.19; or

                             (ii)  in accordance with a labour agreement that is in effect, by an employer that is a party to the labour agreement.

                   (da)  An applicant seeking to satisfy the primary criteria must declare in the application (the primary application ) whether or not either:

                              (i)  the applicant; or

                             (ii)  any person who has made a combined application with the applicant;

                            has engaged in conduct, in relation to the primary application or the combined application, that constitutes a contravention of subsection 245AS(1) of the Act.

                     (e)  An application by a person claiming to be a member of the family unit of a person who is an applicant for a Regional Employer Nomination (Permanent) (Class RN) visa may be made at the same time as, and combined with, the application by that person.

             (4)  Subclasses:

                            Subclass 187   (Regional Sponsored Migration Scheme)

1118A   Special Eligibility (Class CB)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

                              (i)  for an applicant:

                                        (A)  who is in Australia at the time of application; or

                                        (B)  whose application is combined, or sought to be combined, with an application made by that person:

 

First instalment

Item

Component

Amount

1

Base application charge

$3 520

2

Additional applicant charge for an applicant who is at least 18

$1 760

3

Additional applicant charge for an applicant who is less than 18

$880

 

                             (ii)  for an applicant:

                                        (A)  who is outside Australia at the time of application; and

                                        (B)  whose application is combined, or sought to be combined, with an application made by that person:

 

First instalment

Item

Component

Amount

1

Base application charge

$3 520

2

Additional applicant charge for an applicant who is at least 18

$1 760

3

Additional applicant charge for an applicant who is less than 18

$880

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  second instalment (payable before grant of visa):

 

Second instalment

Item

Applicant

Amount

1

Applicant:

(a) who was at least 18 at the time of application; and

(b) who is assessed as not having functional English

$4 890

2

Any other applicant

Nil

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                    (aa)  Applicant may be in or outside Australia, but not in immigration clearance.

                     (b)  Application by a person claiming to be a member of the family unit of a person who is an applicant for a Special Eligibility (Class CB) visa may be made at the same time and place as, and combined with, the application by that person.

             (4)  Subclasses:

                    151  (Former Resident)

1123A   Other Family (Migrant) (Class BO)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

                              (i)  for an applicant:

                                        (A)  who appears to the Minister, on the basis of information contained in the application, to be a carer; or

                                        (B)  whose application is combined, or sought to be combined, with an application made by that person:

 

First instalment

Item

Component

Amount

1

Base application charge

$1 595

2

Additional applicant charge for an applicant who is at least 18

$800

3

Additional applicant charge for an applicant who is less than 18

$400

 

                             (ii)  for any other applicant:

 

First instalment

Item

Component

Amount

1

Base application charge

$3 870

2

Additional applicant charge for an applicant who is at least 18

$1 935

3

Additional applicant charge for an applicant who is less than 18

$970

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  second instalment (payable before grant of visa):

 

Second instalment

Item

Applicant

Amount

1

Applicant:

(a) who is a carer; and

Nil

 

(b) in relation to whom the Minister has determined that the second instalment of the visa application charge should not be paid because the Minister is satisfied that payment of the instalment has caused, or is likely to cause, severe financial hardship to the applicant or to the person of whom the applicant is a carer

 

2

Any other applicant

$2 065

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                    (aa)  Applicant must be outside Australia.

                     (b)  Application by a person claiming to be a member of the family unit of a person who is an applicant for an Other Family (Migrant) (Class BO) visa may be made at the same time and place as, and combined with, the application by that person.

                     (c)  Application by a person claiming to be a carer must be accompanied by satisfactory evidence that the relevant medical assessment has been sought.

             (4)  Subclasses:

                    114  (Aged Dependent Relative)

                    115  (Remaining Relative)

                    116  (Carer)

1123B   Other Family (Residence) (Class BU)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

                              (i)  for an applicant:

                                        (A)  who appears to the Minister, on the basis of information contained in the application, to be a carer; or

                                        (B)  whose application is combined, or sought to be combined, with an application made by that person:

 

First instalment

Item

Component

Amount

1

Base application charge

$1 595

2

Additional applicant charge for an applicant who is at least 18

$800

3

Additional applicant charge for an applicant who is less than 18

$400

 

                             (ii)  for any other applicant:

 

First instalment

Item

Component

Amount

1

Base application charge

$3 870

2

Additional applicant charge for an applicant who is at least 18

$1 935

3

Additional applicant charge for an applicant who is less than 18

$970

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  second instalment (payable before grant of visa):

 

Second instalment

Item

Applicant

Amount

1

Applicant:

(a) who is a carer; and

(b) in relation to whom the Minister has determined that the second instalment of the visa application charge should not be paid because the Minister is satisfied that payment of the instalment has caused, or is likely to cause, severe financial hardship to the applicant or to the person of whom the applicant is a carer

Nil

2

Any other applicant

$2 065

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  Applicant must be in Australia but not in immigration clearance.

                     (c)  Application by a person claiming to be a member of the family unit of a person who is an applicant for an Other Family (Residence) (Class BU) visa may be made at the same time and place as, and combined with, the application by that person.

                     (d)  Application by a person claiming to be a carer must be accompanied by satisfactory evidence that the relevant medical assessment has been sought.

             (4)  Subclasses:

                    835  (Remaining Relative)

                    836  (Carer)

                    838  (Aged Dependent Relative)

1124   Parent (Migrant) (Class AX)

             (1)  Form:   47PA.

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

 

First instalment

Item

Component

Amount

1

Base application charge

$3 870

2

Additional applicant charge for an applicant who is at least 18

$1 935

3

Additional applicant charge for an applicant who is less than 18

$970

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  the second instalment (payable before grant of visa) is $2 065.

             (3)  Other:

                     (a)  Application must be made in Australia but not in immigration clearance.

                    (aa)  Application must be made by:

                              (i)  posting the application (with the correct pre-paid postage) to the post office box address specified in a legislative instrument made by the Minister for this subparagraph; or

                             (ii)  having the application delivered by a courier service to the address specified in a legislative instrument made by the Minister for this subparagraph.

                   (ab)  If the applicant has previously made a valid application for another parent visa:

                              (i)  a decision to grant or to refuse to grant that visa has been made; or

                             (ii)  the application for that visa has been withdrawn.

                     (b)  Application by a person claiming to be a member of the family unit of a person who is an applicant for a Parent (Migrant) (Class AX) visa may be made at the same time and place as, and combined with, the application by that person.

             (4)  Subclasses:

                    103  (Parent)

1124A   Aged Parent (Residence) (Class BP)

             (1)  Form:   47PA.

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

 

First instalment

Item

Component

Amount

1

Base application charge

$3 870

2

Additional applicant charge for an applicant who is at least 18

$1 935

3

Additional applicant charge for an applicant who is less than 18

$970

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  the second instalment (payable before grant of visa) is $2 065.

             (3)  Other:

                     (a)  Application must be made in Australia, but not in immigration clearance.

                     (b)  The applicant must be in Australia, but not in immigration clearance.

                   (ba)  If the applicant has previously made a valid application for another parent visa:

                              (i)  a decision to grant or to refuse to grant that visa has been made; or

                             (ii)  the application for that visa has been withdrawn.

                   (bb)  An application must be made:

                              (i)  by posting the application (with the correct pre-paid postage) to the post office box address or other address specified by the Minister in an instrument in writing for this subparagraph; or

                             (ii)  by having the application delivered by a courier service to the address specified by the Minister in an instrument in writing for this subparagraph; or

                            (iii)  if no address has been specified for subparagraphs (i) and (ii)--by lodging the application at an office of Immigration.

                     (c)  Application by a person claiming to be a member of the family unit of a person who is an applicant for an Aged Parent (Residence) (Class BP) visa may be made at the same time and place as, and combined with, the application by that person.

             (4)  Subclasses:

                    804  (Aged Parent)

1124B   Partner (Residence) (Class BS)

             (1)  Form:

                     (a)  If the applicant is the holder of a Subclass 445 (Dependent Child) visa:   1002

                     (b)  In any other case:   47SP or 47SP (Internet).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

                              (i)  for an applicant:

                                        (A)  who is the holder of a Subclass 445 (Dependent Child) visa; or

                                        (B)  whose application is combined, or sought to be combined, with an application made by that person:

                                   the amount is nil; and

                             (ii)  for an applicant:

                                        (A)  who is the holder of a transitional (temporary) visa, granted on the basis that the holder satisfied the criteria for grant of an extended eligibility entry permit under the Migration (1989) Regulations; or

                                        (B)  whose application is combined, or sought to be combined, with an application made by that person:

 

First instalment

Item

Component

Amount

1

Base application charge

$410

2

Additional applicant charge for an applicant who is at least 18

$205

3

Additional applicant charge for an applicant who is less than 18

$105

 

                            (iii)  for an applicant who:

                                        (A)  is not the holder of a substantive visa; and

                                        (B)  entered Australia before 19 December 1989; and

                                        (C)  at the time of entry, was engaged to be married to a person who was an Australian citizen or Australian permanent resident; and

                                        (D)  has subsequently married that person;

                                   or whose application is combined, or sought to be combined, with an application made by that person:

 

First instalment

Item

Component

Amount

1

Base application charge

$1 450

2

Additional applicant charge for an applicant who is at least 18

$725

3

Additional applicant charge for an applicant who is less than 18

$365

 

                            (iv)  for an applicant who:

                                        (A)  is not the holder of a substantive visa; and

                                        (B)  entered Australia on or after 19 December 1989 as the holder of a prospective marriage (code number 300) entry permit granted under the Migration (1989) Regulations, or a Class 300 (prospective marriage) entry permit granted under the Migration (1993) Regulations; and

                                        (C)  ceased to hold a substantive visa after marrying the Australian citizen or Australian permanent resident whom the applicant entered Australia to marry;

                                   or whose application is combined, or sought to be combined, with an application made by that person:

 

First instalment

Item

Component

Amount

1

Base application charge

$1 450

2

Additional applicant charge for an applicant who is at least 18

$725

3

Additional applicant charge for an applicant who is less than 18

$365

 

                             (v)  for an applicant who:

                                        (A)  is the holder of a Prospective Marriage (Temporary) (Class TO) visa; and

                                        (B)  is married to the person who was specified as the applicant's intended spouse in the application for that visa; and

                                        (C)  seeks to remain in Australia permanently on the basis of that marriage;

                                   or whose application is combined, or sought to be combined, with an application made by that person:

 

First instalment

Item

Component

Amount

1

Base application charge

$1 145

2

Additional applicant charge for an applicant who is at least 18

$575

3

Additional applicant charge for an applicant who is less than 18

$285

 

                            (vi)  In the case of an applicant who:

                                        (A)  is not the holder of a substantive visa; and

                                        (B)  entered Australia as the holder of a Prospective Marriage (Temporary) (Class TO) visa; and

                                        (C)  ceased to hold that visa after marrying the Australian citizen, Australian permanent resident or eligible New Zealand citizen whom the applicant entered Australia to marry; and

                                        (D)  seeks to remain in Australia permanently on the basis of that marriage;

                                   or whose application is combined, or sought to be combined, with an application made by that person:

 

First instalment

Item

Component

Amount

1

Base application charge

$1 450

2

Additional applicant charge for an applicant who is at least 18

$725

3

Additional applicant charge for an applicant who is less than 18

$365

 

                           (vii)  for any other applicant:

 

First instalment

Item

Component

Amount

1

Base application charge

$6 865

2

Additional applicant charge for an applicant who is at least 18

$3 435

3

Additional applicant charge for an applicant who is less than 18

$1 720

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  the second instalment (payable before grant of visa) is nil.

             (3)  Other:

                     (a)  Application must be made in Australia, but not in immigration clearance.

                     (b)  The applicant must be in Australia, but not in immigration clearance.

                     (c)  Application by a person claiming to be a member of the family unit of a person who is an applicant for a Partner (Residence) (Class BS) visa may be made at the same time and place as, and combined with, the application by that person.

                    (ca)  An application (not being an Internet application) must be made:

                              (i)  by posting the application (with the correct pre-paid postage) to the post office box address or other address specified by the Minister in an instrument in writing for this subparagraph; or

                             (ii)  by having the application delivered by a courier service to the address specified by the Minister in an instrument in writing for this subparagraph; or

                            (iii)  if no address has been specified for subparagraphs (i) and (ii)--by lodging the application at an office of Immigration.

                     (d)  If the applicant holds a Subclass 820 (Partner) visa or a Subclass 309 (Partner (Provisional)) visa at the time of making the application for the Partner (Residence) (Class BS) visa, the applicant must not have had any of the following visas refused in the 21 days immediately before making the application for the Partner (Residence) (Class BS) visa:

                              (i)  a Subclass 100 (Spouse) visa;

                             (ii)  a Subclass 100 (Partner) visa;

                            (iii)  a Subclass 110 (Interdependency) visa;

                            (iv)  a Subclass 309 (Spouse (Provisional)) visa;

                             (v)  a Subclass 309 (Partner (Provisional)) visa;

                            (vi)  a Subclass 310 (Interdependency (Provisional)) visa;

                           (vii)  a Subclass 801 (Spouse) visa;

                          (viii)  a Subclass 801 (Partner) visa;

                            (ix)  a Subclass 814 (Interdependency) visa;

                             (x)  a Subclass 820 (Spouse) visa;

                            (xi)  a Subclass 820 (Partner) visa;

                           (xii)  a Subclass 826 (Interdependency) visa.

                     (e)  Subject to subitem (3A), if the applicant is a person to whom section 48 of the Act applies, the applicant:

                              (i)  must not have been refused any of the following visas since last entering Australia:

                                        (A)  a Subclass 100 (Spouse) visa;

                                        (B)  a Subclass 100 (Partner) visa;

                                        (C)  a Subclass 110 (Interdependency) visa;

                                        (D)  a Subclass 309 (Spouse (Provisional)) visa;

                                         (E)  a Subclass 309 (Partner (Provisional)) visa;

                                         (F)  a Subclass 310 (Interdependency (Provisional)) visa;

                                        (G)  a Subclass 801 (Spouse) visa;

                                        (H)  a Subclass 801 (Partner) visa;

                                          (I)  a Subclass 814 (Interdependency) visa;

                                         (J)  a Subclass 820 (Spouse) visa;

                                        (K)  a Subclass 820 (Partner) visa;

                                         (L)  a Subclass 826 (Interdependency) visa; and

                             (ii)  must provide, at the same time and place as making the application, an approved form 40SP or 40SP (Internet) that has been completed and signed by an Australian citizen, Australian permanent resident or eligible New Zealand citizen who claims to be the spouse or de facto partner of the applicant (the partner ); and

                            (iii)  must provide, at the same time and place as making the application, 2 statutory declarations each of which:

                                        (A)  is made by an Australian citizen, Australian permanent resident or eligible New Zealand citizen who is not the partner; and

                                        (B)  declares that the applicant and the partner are in a married relationship or de facto relationship; and

                                        (C)  was declared no more than 6 weeks before the day on which the application for the Partner (Residence) (Class BS) visa was made.

          (3A)  For paragraph (3)(e):

                     (a)  the applicant is taken to have met the requirements of the paragraph if the applicant:

                              (i)  is a person to whom section 48 of the Act applies; and

                             (ii)  claims to be a dependent child of a person who has met the requirements of paragraph (3)(e); and

                     (b)  if the applicant leaves and re-enters the migration zone while holding a bridging visa, the applicant is taken to have been continuously in the migration zone despite the travel.

             (4)  Subclasses:

                    801  (Partner)

1127AA   Resolution of Status (Class CD)

Note :          Subregulation 2.07AQ(3) sets out other circumstances in which a person is taken to have made a valid application for a Resolution of Status (Class CD) visa.

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:   Nil.

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  Applicant must be in Australia but not in immigration clearance.

                     (c)  The criteria in at least 1 of the items in the table are satisfied.

 

Item

Criterion 1

Criterion 2

Criterion 3

1

Applicant holds:

(a) a Subclass 447 (Secondary Movement Offshore Entry (Temporary)) visa; or

(b) a Subclass 451 (Secondary Movement Relocation (Temporary)) visa; or

(c) a Subclass 695 (Return Pending) visa

Nil

Nil

2

Applicant held, but no longer holds, a visa of a kind mentioned in criterion 1 of item 1, or a Subclass 785 (Temporary Protection) visa granted before 9 August 2008, and the visa was not cancelled

Applicant:

(a) has not left Australia; or

(b) while holding a visa that permits re-entry to Australia, has left and re-entered Australia

Applicant does not hold a permanent visa

3

Applicant is a member of the same family unit as a person who:

(a) has made a valid application for a Resolution of Status (Class CD) visa as a result of satisfying the criteria in item 1 or 2; or

(b) is taken to have made a valid application for a Resolution of Status (Class CD) visa as a result of satisfying the criteria in item 1 or 2 of the table in subregulation 2.07AQ (3).

Applicant:

(a) was in Australia on 9 August 2008 and was a member of the same family unit on that date; or

(b) was born on or after 9 August 2008

Nil

Note:          For member of the same family unit , see subsection 5(1) of the Act.

             (4)  Subclasses:

                    851  (Resolution of Status)

1128   Return (Residence) (Class BB)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  the base application charge (payable at the time the application is made) is $360; and

                     (b)  the second instalment (payable before grant of visa) is nil.

Note:          Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                   Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                    (aa)  Applicant must be in Australia to make an application in Australia.

                     (b)  For an Internet application the applicant may be in or outside Australia, but not in immigration clearance.

                     (c)  Applicant must not hold a Transitional (Permanent) visa that is taken to have been granted under regulation 9 of the Migration Reform (Transitional Provisions) Regulations.

                     (d)  Application by a person is not a valid application if:

                              (i)  the most recent permanent visa held by the person is, or was, the subject of a notice, under subsection 135(1) of the Act, proposing cancellation; and

                             (ii)  the person has not been notified of a decision not to proceed with the cancellation; and

                            (iii)  the visa was not the subject of a decision to cancel the visa under section 134 of the Act.

                     (e)  Application by a person is not a valid application if:

                              (i)  the most recent permanent visa held by the person was the subject of a decision to cancel the visa under section 134 of the Act (whether or not the decision has come into effect); and

                             (ii)  the decision to cancel the visa has not been set aside by the Tribunal.

             (4)  Subclasses:

                    155  (Five Year Resident Return)

                    157  (Three Month Resident Return)

1129   Partner (Migrant) (Class BC)

             (1)  Form:

                     (a)  If the applicant is the holder of a Subclass 445 (Dependent Child) visa:   1002.

                     (b)  In any other case:   47SP or 47SP (Internet).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

                              (i)  for an applicant:

                                        (A)  who is the holder of a Subclass 445 (Dependent Child) visa; or

                                        (B)  whose application is combined, or sought to be combined, with an application made by that person;

                                   the amount is nil; and

                             (ii)  for any other applicant:

 

First instalment

Item

Component

Amount

1

Base application charge

$6 865

2

Additional applicant charge for an applicant who is at least 18

$3 435

3

Additional applicant charge for an applicant who is less than 18

$1 720

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  the second instalment (payable before grant of visa) is nil.

             (3)  Other:

                     (a)  Application (not being an Internet application) otherwise than by the holder of:

                              (i)  a Subclass 445 (Dependent Child) visa; or

                             (ii)  a Subclass 309 (Spouse (Provisional)) visa, a Subclass 309 (Partner (Provisional)) visa or a Subclass 310 (Interdependency (Provisional)) visa, which the Minister has decided, under section 345, 351, 417 or 501J of the Act, to grant;

                            must be made outside Australia.

                     (b)  Application by the holder of:

                              (i)  a Subclass 445 (Dependent Child) visa; or

                             (ii)  a Subclass 309 (Spouse (Provisional)) visa, a Subclass 309 (Partner (Provisional)) visa or a Subclass 310 (Interdependency (Provisional)) visa, which the Minister has decided, under section 345, 351, 417 or 501J of the Act, to grant;

                            may be made in or outside Australia, but not in immigration clearance.

                     (c)  Applicant other than an applicant who is the holder of:

                              (i)  a Subclass 445 (Dependent Child) visa; or

                             (ii)  a Subclass 309 (Spouse (Provisional)) visa, a Subclass 309 (Partner (Provisional)) visa or a Subclass 310 (Interdependency (Provisional)) visa, which the Minister has decided, under section 345, 351, 417 or 501J of the Act, to grant;

                            must be outside Australia.

                     (d)  Applicant who is the holder of:

                              (i)  a Subclass 445 (Dependent Child) visa; or

                             (ii)  a Subclass 309 (Spouse (Provisional)) visa, a Subclass 309 (Partner (Provisional)) visa or a Subclass 310 (Interdependency (Provisional)) visa, which the Minister has decided, under section 345, 351, 417 or 501J of the Act, to grant;

                            may be in or outside Australia, but not in immigration clearance.

                     (e)  Application by a person claiming to be a member of the family unit of a person who is an applicant for a Partner (Migrant) (Class BC) visa may be made at the same time and place as, and combined with, the application by that person.

                      (f)  An application (not being an Internet application) that is made in Australia must be made:

                              (i)  by posting the application (with the correct pre-paid postage) to the post office box address or other address specified by the Minister in an instrument in writing for this subparagraph; or

                             (ii)  by having the application delivered by a courier service to the address specified by the Minister in an instrument in writing for this subparagraph; or

                            (iii)  if no address has been specified for subparagraphs (i) and (ii)--by lodging the application at an office of Immigration.

             (4)  Subclasses:

                    100  (Partner)

1130   Contributory Parent (Migrant) (Class CA)

             (1)  Form:

                     (a)  If the applicant is the holder of a Subclass 173 (Contributory Parent (Temporary)) visa:   47PT

                     (b)  In any other case:   47PA.

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

                              (i)  for an applicant:

                                        (A)  who is the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application; or

                                        (B)  whose application is combined, or sought to be combined, with an application made by that person:

 

First instalment

Item

Component

Amount

1

Base application charge

$325

2

Additional applicant charge for an applicant who is at least 18

$165

3

Additional applicant charge for an applicant who is less than 18

$80

 

                             (ii)  for an applicant who:

                                        (A)  has been the holder of a Subclass 173 (Contributory Parent (Temporary)) visa; and

                                        (B)  is the holder of a substituted Subclass 600 visa at the time of application;

                                   or whose application is combined, or sought to be combined, with an application made by that person:

 

First instalment

Item

Component

Amount

1

Base application charge

$325

2

Additional applicant charge for an applicant who is at least 18

$165

3

Additional applicant charge for an applicant who is less than 18

$80

 

                            (iii)  for an applicant:

                                        (A)  who has held a Subclass 173 (Contributory Parent (Temporary)) visa at any time in the 28 days immediately before making the application; or

                                        (B)  whose application is combined, or sought to be combined, with an application made by that person:

 

First instalment

Item

Component

Amount

1

Base application charge

$325

2

Additional applicant charge for an applicant who is at least 18

$165

3

Additional applicant charge for an applicant who is less than 18

$80

 

                            (iv)  for an applicant who:

                                        (A)  has been the holder of a Subclass 173 (Contributory Parent (Temporary)) visa; and

                                        (B)  provides the Minister with evidence that compassionate and compelling circumstances exist for the person to be considered to be the holder of a Subclass 173 (Contributory Parent (Temporary)) visa for the purpose of the application;

                                   or whose application is combined, or sought to be combined, with an application made by that person:

 

First instalment

Item

Component

Amount

1

Base application charge

$2 370

2

Additional applicant charge for an applicant who is at least 18

$1 185

3

Additional applicant charge for an applicant who is less than 18

$595

 

                             (v)  for an applicant who:

                                        (A)  made a valid application for a Parent (Migrant) (Class AX) visa before 27 June 2003; and

                                        (B)  withdrew that application at the same time as making the application for the Contributory Parent (Migrant) (Class CA) visa;

                                   or whose application is combined, or sought to be combined, with an application made by that person, the amount is nil; and

                            (vi)  for any other applicant:

 

First instalment

Item

Component

Amount

1

Base application charge

$3 695

2

Additional applicant charge for an applicant who is at least 18

$1 245

3

Additional applicant charge for an applicant who is less than 18

$625

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  second instalment (payable before grant of visa):

 

Second instalment

Item

Applicant

Amount

1

Applicant who was the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application

$19 420

2

Applicant who:

(a) held a Subclass 173 (Contributory Parent (Temporary)) visa; and

(b) was the holder of a substituted Subclass 600 visa at the time of application; and

(c) is not described in item 3

$19 420

3

Applicant who:

(a) held a Subclass 173 (Contributory Parent (Temporary)) visa; and

(b) was, at the time of application, the holder of a substituted Subclass 600 visa or the child or step-child of an applicant mentioned in item 2; and

Nil

 

(c) is the child or step-child of an applicant for a Contributory Parent (Migrant) (Class CA) visa, and was less than 18 at the time of application for a Contributory Parent (Temporary) (Class UT) visa

 

4

Applicant who:

(a) was the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application; and

(b) is the child or step-child of an applicant for a Contributory Parent (Migrant) (Class CA) visa; and

(c) was less than 18 at the time of application for a Contributory Parent (Temporary) (Class UT) visa

Nil

5

Applicant who has held a Subclass 173 (Contributory Parent (Temporary)) visa at any time in the 28 days immediately before making the application

$19 420

6

Applicant:

(a) who has held a Subclass 173 (Contributory Parent (Temporary)) visa; and

(b) in relation to whom the Minister is satisfied that compassionate and compelling circumstances exist for the person to be considered to be the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application

$17 575

7

An applicant who:

(a) is a dependent child of an applicant for a Contributory Parent (Migrant) (Class CA) visa; and

(b) was less than 18 at the time of application

$2 095

8

Any other applicant

$43 600

             (3)  Other:

                     (a)  If the applicant is in Australia, and is:

                              (i)  the holder of a Subclass 173 (Contributory Parent (Temporary)) visa; or

                             (ii)  the holder of a substituted Subclass 600 visa ;

                            the application must be made in Australia but not in immigration clearance.

                     (b)  For an applicant other than an applicant mentioned in paragraph (a), the application must be made by:

                              (i)  posting the application (with the correct pre-paid postage) to the post office box address specified by the Minister in an instrument for this subparagraph; or

                             (ii)  having the application delivered by a courier to the address specified by the Minister in an instrument for this subparagraph.

                     (c)  If the applicant (the relevant applicant ) makes his or her application on the basis of claiming to be a member of the family unit of a person who is an applicant for a Contributory Parent (Migrant) (Class CA) visa (the other applicant ), the relevant applicant's application:

                              (i)  must be made in the same way as the application made by the other applicant; and

                             (ii)  may be made at the same time and place as, and combined with, the application made by the other applicant.

                     (d)  If the applicant has previously made a valid application for another parent visa:

                              (i)  a decision to grant or refuse to grant that visa has been made; or

                             (ii)  the application for that visa has been withdrawn.

             (4)  Subclasses:

                    143  (Contributory Parent)

             (5)  In this item, a reference to an applicant who is the holder of a Subclass 173 (Contributory Parent (Temporary)) visa, means a person who, as the case may be:

                     (a)  currently holds a Subclass 173 (Contributory Parent (Temporary)) visa; or

                     (b)  has held a Subclass 173 (Contributory Parent (Temporary)) visa at any time in the 28 days immediately before making the application; or

                     (c)  has held a Subclass 173 (Contributory Parent (Temporary)) visa, and who provides the Minister with evidence that compassionate and compelling circumstances exist for the person to be considered to be the holder of a Subclass 173 (Contributory Parent (Temporary)) visa for the purpose of the application.

1130A   Contributory Aged Parent (Residence) (Class DG)

             (1)  Form:

                     (a)  If the applicant is the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa:   47PT

                     (b)  In any other case:   47PA.

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

                              (i)  for an applicant who:

                                        (A)  made a valid application for an Aged Parent (Residence) (Class BP) visa before 1 July 2003; and

                                        (B)  withdrew that application at the same time as making the application for the Contributory Aged Parent (Residence) (Class DG) visa;

                                   or whose application is combined, or sought to be combined, with an application made by that person, the amount is nil; and

                             (ii)  for an applicant:

                                        (A)  who is the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of application; or

                                        (B)  whose application is combined, or sought to be combined, with an application made by that person:

 

First instalment

Item

Component

Amount

1

Base application charge

$325

2

Additional applicant charge for an applicant who is at least 18

$165

3

Additional applicant charge for an applicant who is less than 18

$80

 

                            (iii)  for an applicant who:

                                        (A)  held a Subclass 884 (Contributory Aged Parent (Temporary)) visa; and

                                        (B)  is the holder of a substituted Subclass 600 visa at the time of application;

                                   or whose application is combined, or sought to be combined, with an application made by that person:

 

First instalment

Item

Component

Amount

1

Base application charge

$325

2

Additional applicant charge for an applicant who is at least 18

$165

3

Additional applicant charge for an applicant who is less than 18

$80

 

                            (iv)  for an applicant:

                                        (A)  who has held a Subclass 884 (Contributory Aged Parent (Temporary)) visa at any time in the 28 days immediately before making the application; or

                                        (B)  whose application is combined, or sought to be combined, with an application made by that person:

 

First instalment

Item

Component

Amount

1

Base application charge

$325

2

Additional applicant charge for an applicant who is at least 18

$165

3

Additional applicant charge for an applicant who is less than 18

$80

 

                             (v)  for an applicant who:

                                        (A)  held a Subclass 884 (Contributory Aged Parent (Temporary)) visa, and

                                        (B)  provides the Minister with evidence that compassionate and compelling circumstances exist for the person to be considered to be the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa for the purpose of the application;

                                   or whose application is combined, or sought to be combined, with an application made by that person:

 

First instalment

Item

Component

Amount

1

Base application charge

$3 695

2

Additional applicant charge for an applicant who is at least 18

$1 845

3

Additional applicant charge for an applicant who is less than 18

$925

 

                            (vi)  for any other applicant:

 

First instalment

Item

Component

Amount

1

Base application charge

$3 695

2

Additional applicant charge for an applicant who is at least 18

$1 845

3

Additional applicant charge for an applicant who is less than 18

$925

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  second instalment (payable before grant of visa):

 

Second instalment

Item

Applicant

Amount

1

Applicant who was the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of application

$19 420

2

Applicant who:

(a) held a Subclass 884 (Contributory Aged Parent (Temporary)) visa; and

(b) was the holder of a substituted Subclass 600 visa at the time of application; and

(c) is not described in item 3

$19 420

3

Applicant who:

(a) held a Subclass 884 (Contributory Aged Parent (Temporary)) visa; and

(b) was, at the time of application, the holder of a substituted Subclass 600 visa or the child or step-child of an applicant mentioned in item 2; and

(c) is the child or step-child of an applicant for a Contributory Parent (Migrant) (Class CA) visa, and was less than 18 at the time of application for a Contributory Aged Parent (Temporary) (Class UU) visa

Nil

4

Applicant who:

(a) was the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of application; and

(b) is the child or step-child of an applicant for a Contributory Aged Parent (Residence) (Class DG) visa ; and

(c) was less than 18 at the time of application for a Contributory Aged Parent (Temporary) (Class UU) visa

Nil

5

Applicant who has held a Subclass 884 (Contributory Aged Parent (Temporary)) visa at any time in the 28 days immediately before making the application

$19 420

6

Applicant:

(a) who has held a Subclass 884 (Contributory Aged Parent (Temporary)) visa; and

(b) in relation to whom the Minister is satisfied that compassionate and compelling circumstances exist for the person to be considered to be the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of application

$16 545

7

An applicant who:

(a) is a dependent child of an applicant for a Contributory Aged Parent (Residence) (Class DG) visa; and

(b) was less than 18 at the time of application

$2 095

8

Any other applicant

$43 600

             (3)  Other:

                     (a)  Application must be made in Australia but not in immigration clearance.

                     (b)  Applicant must be in Australia but not in immigration clearance.

                   (ba)  An application must be made:

                              (i)  by posting the application (with the correct pre-paid postage) to the post office box address or other address specified by the Minister in an instrument in writing for this subparagraph; or

                             (ii)  by having the application delivered by a courier service to the address specified by the Minister in an instrument in writing for this subparagraph; or

                            (iii)  if no address has been specified for subparagraphs (i) and (ii)--by lodging the application at an office of Immigration.

                     (c)  If the applicant has previously made a valid application for another parent visa:

                              (i)  a decision to grant or to refuse to grant that visa has been made; or

                             (ii)  the application for that visa has been withdrawn.

                     (d)  Application by a person claiming to be a member of the family unit of a person who is an applicant for a Contributory Aged Parent (Residence) (Class DG) visa may be made at the same time and place as, and combined with, the application by that person.

             (4)  Subclasses:

                    864  (Contributory Aged Parent)

             (5)  In this item, a reference to an applicant who is the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa, means a person who, as the case may be:

                     (a)  currently holds a Subclass 884 (Contributory Aged Parent (Temporary)) visa; or

                     (b)  has held a Subclass 884 (Contributory Aged Parent (Temporary)) visa at any time in the 28 days immediately before making the application; or

                     (c)  has held a Subclass 884 (Contributory Aged Parent (Temporary)) visa, and who provides the Minister with evidence that compassionate and compelling circumstances exist for the person to be considered to be the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa for the purpose of the application.

1131   Territorial Asylum (Residence) (Class BE)

             (1)  Form:   Nil.

             (2)  Visa application charge:   Nil.

             (3)  Other:

                     (a)  Application must be made by or on behalf of the applicant in a manner approved by a Minister.

                    (aa)  At the time when the application is made, there is lodged at the office of Immigration at which, or with the officer of Immigration to whom, the application is made, documentation that:

                              (i)  evidences the grant by a Minister to the applicant of territorial asylum in Australia; and

                             (ii)  was issued by or on behalf of the Commonwealth.

                     (b)  Application must be made in Australia.

                     (c)  Applicant must be in Australia but not in immigration clearance.

                     (d)  Application by a person claiming to be a member of the family unit of a person who is an applicant for a Territorial Asylum (Residence) (Class BE) visa may be made at the same time and place as, and combined with, the application by that person.

             (4)  Subclasses:

                    800  (Territorial Asylum)

1133   Referred Stay (Permanent) (Class DH)

             (1)  Form:   Nil.

             (2)  Visa application charge:   Nil.

             (3)  Subclasses:

                    852  (Referred Stay (Permanent))

Note:          See regulation 2.07AK for how an application for a Referred Stay (Permanent) (Class DH) visa is taken to have been validly made.

1136   Skilled (Residence) (Class VB)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

                              (i)  for an applicant who is the holder of:

                                        (A)  a Skilled--Independent Regional (Provisional) (Class UX) visa; or

                                        (B)  a Skilled--Designated Area-sponsored (Provisional) (Class UZ) visa; or

                                        (C)  a Subclass 475 (Skilled--Regional Sponsored) visa; or

                                        (D)  a Subclass 487 (Skilled--Regional Sponsored) visa; or

                                         (E)  a Skilled--Regional Sponsored (Provisional) (Class SP) visa; or

                                         (F)  a Bridging A (Class WA) or Bridging B (Class WB) visa granted on the basis of a valid application for a Skilled--Independent Regional (Class UX) visa; or

                                        (G)  a Bridging A (Class WA) or Bridging B (Class WB) visa granted on the basis of a valid application for a Skilled (Provisional) (Class VC) visa (other than a Subclass 485 (Temporary Graduate) visa); or

                                        (H)  a Bridging A (Class WA) or Bridging B (Class WB) visa granted on the basis of a valid application for a Skilled--Regional Sponsored (Provisional) (Class SP) visa;

                                   or whose application is combined, or sought to be combined, with an application made by that person:

 

First instalment

Item

Component

Amount

1

Base application charge

$370

2

Additional applicant charge for an applicant who is at least 18

$185

3

Additional applicant charge for an applicant who is less than 18

$95

 

                             (ii)  for any other applicant:

 

First instalment

Item

Component

Amount

1

Base application charge

$3 520

2

Additional applicant charge for an applicant who is at least 18

$1 760

3

Additional applicant charge for an applicant who is less than 18

$880

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  second instalment (payable before grant of visa):

 

Second instalment

Item

Applicant

Amount

1

Applicant who:

(a) was at least 18 at the time of application; and

(b) is assessed as not having functional English; and

(c) has not paid a second instalment of visa application charge in relation to the application for the visa, mentioned in paragraph (2)(a), that the applicant holds

$4 890

2

Any other applicant

Nil

             (3)  Other:

                    (aa)  An application by a person seeking to satisfy the primary criteria for the grant of a Subclass 885 (Skilled--Independent) visa or a Subclass 886 (Skilled--Sponsored) visa must be made before 1 January 2013.

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  Applicant must be in Australia but not in immigration clearance.

                     (c)  Application by a person claiming to be a member of the family unit of a person who seeks to satisfy the primary criteria may be made at the same time and place as, and combined with, an application by that person.

             (7)  The following requirements must be met:

                     (a)  the applicant must be the holder of:

                              (i)  a Skilled--Independent Regional (Provisional) (Class UX) visa; or

                             (ii)  a Skilled--Designated Area-sponsored (Provisional) (Class UZ) visa; or

                            (iii)  a Subclass 475 (Skilled--Regional Sponsored) visa; or

                            (iv)  a Subclass 487 (Skilled--Regional Sponsored) visa; or

                             (v)  a Skilled--Regional Sponsored (Provisional) (Class SP) visa; or

                            (vi)  a Bridging A (Class WA) or Bridging B (Class WB) visa granted on the basis of a valid application for:

                                        (A)  a Skilled--Independent Regional (Provisional) (Class UX) visa; or

                                        (B)  a Skilled (Provisional) (Class VC) visa (other than a Subclass 485 (Temporary Graduate) visa); or

                                        (C)  a Skilled--Regional Sponsored (Provisional) (Class SP) visa;

                     (b)  the applicant seeking to satisfy the primary criteria for the grant of the visa must have been, for a total of at least 2 years before the day on which the application was made, the holder of 1 of the following visas:

                              (i)  a Skilled--Independent Regional (Provisional) (Class UX) visa;

                             (ii)  a Skilled--Designated Area-sponsored (Provisional) (Class UZ) visa;

                            (iii)  a Subclass 475 (Skilled--Regional Sponsored) visa;

                            (iv)  a Subclass 487 (Skilled--Regional Sponsored) visa;

                             (v)  a Skilled--Regional Sponsored (Provisional) (Class SP) visa;

                            that was granted on the basis of satisfying the primary criteria for the grant of that visa, or of being the spouse or de facto partner of the applicant who satisfied the primary criteria for the grant of the visa.

             (8)  Subclass:

                            Subclass 887   (Skilled--Regional)

1137   Skilled--Independent (Permanent) (Class SI)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

 

First instalment

Item

Component

Amount

1

Base application charge

$3 600

2

Additional applicant charge for an applicant who is at least 18

$1 800

3

Additional applicant charge for an applicant who is less than 18

$900

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  second instalment (payable before grant of visa):

 

Second instalment

Item

Applicant

Amount

1

Applicant who:

(a) was at least 18 at the time of application; and

(b) is assessed as not having functional English

$4 885

2

Any other applicant

Nil

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  An applicant may be in or outside Australia, but not in immigration clearance.

                     (c)  An applicant in Australia must hold:

                              (i)  a substantive visa; or

                             (ii)  a Subclass 010 Bridging A visa; or

                            (iii)  a Subclass 020 Bridging B visa; or

                            (iv)  a Subclass 030 Bridging C visa.

                     (d)  An application by a person claiming to be a member of the family unit of a person who is an applicant for a Skilled--Independent (Permanent) (Class SI) visa may be made at the same time as, and combined with, the application by that person.

             (4)  An applicant seeking to satisfy the primary criteria must meet the requirements in the table.

 

Item

Requirements

1

The applicant must have been invited, in writing, by the Minister to apply for a Subclass 189 (Skilled--Independent) visa

2

The applicant must apply for that visa within the period stated in the invitation

3

The applicant must not have turned 50 at the time of invitation to apply for the visa

4

The applicant must nominate a skilled occupation:

(a) that is specified by the Minister in an instrument in writing for this item as a skilled occupation at the time of invitation to apply for the visa; and

(b) that is specified in the invitation as the skilled occupation which the applicant may nominate; and

(c) for which the applicant declares in the application that the applicant's skills have been assessed as suitable by the relevant assessing authority and that the assessment is not for a Subclass 485 (Temporary Graduate) visa

             (5)  Subclasses:

                            Subclass 189   (Skilled--Independent)

1138   Skilled--Nominated (Permanent) (Class SN)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

 

First instalment

Item

Component

Amount

1

Base application charge

$3 600

2

Additional applicant charge for an applicant who is at least 18

$1 800

3

Additional applicant charge for an applicant who is less than 18

$900

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  second instalment (payable before grant of visa):

 

Second instalment

Item

Applicant

Amount

1

Applicant who:

(a) was at least 18 at the time of application; and

(b) is assessed as not having functional English

$4 885

2

Any other applicant

Nil

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  An applicant may be in or outside Australia, but not in immigration clearance.

                     (c)  An applicant in Australia must hold:

                              (i)  a substantive visa; or

                             (ii)  a Subclass 010 Bridging A visa; or

                            (iii)  a Subclass 020 Bridging B visa; or

                            (iv)  a Subclass 030 Bridging C visa.

                     (d)  An application by a person claiming to be a member of the family unit of a person who is an applicant for a Skilled--Nominated (Permanent) (Class SN) visa may be made at the same time as, and combined with, the application by that person.

             (4)  An applicant seeking to satisfy the primary criteria must meet the requirements in the table.

 

Item

Requirements

1

The applicant must have been invited, in writing, by the Minister to apply for a Subclass 190 (Skilled--Nominated) visa

2

The applicant must apply for that visa within the period stated in the invitation

3

The applicant must not have turned 50 at the time of invitation to apply for the visa

4

The applicant must nominate a skilled occupation:

(a) that is specified by the Minister in an instrument in writing for this item as a skilled occupation at the time of invitation to apply for the visa; and

(b) that is specified in the invitation as the skilled occupation which the applicant may nominate; and

(c) for which the applicant declares in the application that the applicant's skills have been assessed as suitable by the relevant assessing authority and that the assessment is not for a Subclass 485 (Temporary Graduate) visa

5

The applicant must be nominated by a State or Territory government agency

             (5)  Subclasses:

                            Subclass 190   (Skilled--Nominated)

Part 2 -- Temporary visas (other than bridging visas)

1201   Border (Temporary) (Class TA)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:   Nil.

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  The applicant must be in Australia, but not in immigration clearance, if the applicant is:

                              (i)  a dependent child of a non-citizen; and

                             (ii)  the holder of a Subclass 773 visa.

                     (c)  Application by a person claiming to be a member of the family unit of a person who is an applicant for a Border (Temporary) (Class TA) visa may be made at the same time and place as, and combined with, the application by that person.

             (4)  Subclasses:

                    773  (Border)

1202A   Business Skills (Provisional) (Class UR)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

 

First instalment

Item

Component

Amount

1

Base application charge

$4 675

2

Additional applicant charge for an applicant who is at least 18

$2 340

3

Additional applicant charge for an applicant who is less than 18

$1 170

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  second instalment (payable before grant of visa):

 

Second instalment

Item

Applicant

Amount

1

Applicant who:

(a) was at least 18 at the time of application; and

(b) is assessed as not having functional English; and

(c) satisfies the primary criteria for the grant of a visa of a subclass included in Business Skills (Provisional) (Class UR)

$9 795

2

Applicant who:

(a) was at least 18 at the time of application; and

(b) is assessed as not having functional English; and

(c) satisfies the secondary criteria for the grant of a visa of a subclass included in Business Skills (Provisional) (Class UR)

$4 890

3

Any other applicant

Nil

             (3)  Other:

                    (aa)  Application by a person seeking to satisfy the primary criteria must be made before 1 July 2012.

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  Applicant may be in or outside Australia, but not in immigration clearance.

                     (c)  Application by a person claiming to be a member of the family unit of a person who is an applicant for a Business Skills (Provisional) (Class UR) visa may be made at the same time and place as, and combined with, the application by that person.

                     (d)  For applicant seeking to satisfy the primary criteria for the grant of a Subclass 163 (State/Territory Sponsored Business Owner (Provisional)), 164 (State/Territory Sponsored Senior Executive (Provisional)) or 165 (State/ Territory Sponsored Investor (Provisional)) visa:

                              (i)  applicant must be sponsored by an appropriate regional authority; and

                             (ii)  form 949 must be signed by an officer of the authority who is authorised to sign a sponsorship of that kind.

             (4)  Subclasses:

                    160  (Business Owner (Provisional))

                    161  (Senior Executive (Provisional))

                    162  (Investor (Provisional))

                    163  (State/Territory Sponsored Business Owner (Provisional))

                    164  (State/Territory Sponsored Senior Executive (Provisional))

                    165  (State/Territory Sponsored Investor (Provisional))

1202B   Business Skills (Provisional) (Class EB)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

                              (i)  for an applicant:

                                        (A)  seeking to satisfy the primary criteria for the grant of a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Business Innovation Extension stream or the Significant Investor Extension stream ; or

                                        (B)  whose application is combined, or sought to be combined, with an application made by that person:

 

First instalment

Item

Component

Amount

1

Base application charge

$575

2

Additional applicant charge for an applicant who is at least 18

$290

3

Additional applicant charge for an applicant who is less than 18

$145

 

                            (ia)  for an applicant:

                                        (A)  seeking to satisfy the primary criteria for the grant of a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Significant Investor stream; or

                                        (B)  whose application is combined, or sought to be combined, with an application made by that person:

 

First instalment

Item

Component

Amount

1

Base application charge

$7 010

2

Additional applicant charge for an applicant who is at least 18

$3 505

3

Additional applicant charge for an applicant who is less than 18

$1 755

 

                            (ib)  for an applicant:

                                        (A)  seeking to satisfy the primary criteria for the grant of a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Premium Investor stream; or

                                        (B)  whose application is combined, or sought to be combined, with an application made by that person:

 

First instalment

Item

Component

Amount

1

Base application charge

$8 410

2

Additional applicant charge for an applicant who is at least 18

$4 205

3

Additional applicant charge for an applicant who is less than 18

$2 105

 

                            (ic)  for an applicant:

                                        (A)  seeking to satisfy the primary criteria for the grant of a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Entrepreneur stream; or

                                        (B)  whose application is combined, or sought to be combined, with an application made by that person:

 

First instalment

Item

Component

Amount

1

Base application charge

$3 600

2

Additional applicant charge for an applicant who is at least 18

$1 800

3

Additional applicant charge for an applicant who is less than 18

$900

 

                             (ii)  for any other applicant:

 

First instalment

Item

Component

Amount

1

Base application charge

$4 780

2

Additional applicant charge for an applicant who is at least 18

$2 390

3

Additional applicant charge for an applicant who is less than 18

$1 195

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  second instalment (payable before grant of visa):

 

Second instalment

Item

Applicant

Amount

1

Applicant who:

(a) was at least 18 at the time of application; and

(b) is assessed as not having functional English; and

(c) satisfies the primary criteria for the grant of a Subclass 188 (Business Innovation and Investment (Provisional)) visa; and

$9 795

 

(d) has not paid a second instalment of the visa application charge in relation to an application for a Subclass 188 (Business Innovation and Investment (Provisional)) visa

 

2

Applicant who:

(a) was at least 18 at the time of application; and

(b) is assessed as not having functional English; and

(c) satisfies the secondary criteria for the grant of a Subclass 188 (Business Innovation and Investment (Provisional)) visa; and

(d) has not paid a second instalment of the visa application charge in relation to an application for a Subclass 188 (Business Innovation and Investment (Provisional)) visa

$4 890

3

Any other applicant

Nil

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  An applicant may be in or outside Australia, but not in immigration clearance.

                     (c)  An applicant in Australia must hold:

                              (i)  a substantive visa; or

                             (ii)  a Subclass 010 Bridging A visa; or

                            (iii)  a Subclass 020 Bridging B visa; or

                            (iv)  a Subclass 030 Bridging C visa.

                     (d)  An application by a person claiming to be a member of the family unit of a person who is an applicant for a Business Skills (Provisional) (Class EB) visa may be made at the same time as, and combined with, the application by that person.

             (4)  An applicant seeking to satisfy the primary criteria for a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Business Innovation stream must meet the requirements in the table.

 

Item

Requirements

1

The applicant must have been invited, in writing, by the Minister to apply for a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Business Innovation stream

2

The applicant must apply for that visa within the period stated in the invitation

3

The applicant must be nominated by a State or Territory government agency

Note:          The invitation to apply for the visa will identify the stream to which the invitation relates.

             (5)  An applicant seeking to satisfy the primary criteria for a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Business Innovation Extension stream must meet the requirements in the table.

Item

Requirements

1

The applicant must hold a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Business Innovation stream

2

The applicant must have held the Subclass 188 (Business Innovation and Investment (Provisional)) visa for at least 3 years

3

The applicant must not have held more than one Subclass 188 (Business Innovation and Investment (Provisional)) visa

4

The applicant must be nominated by a State or Territory government agency

             (6)  An applicant seeking to satisfy the primary criteria for a Subclass 188 visa in the Investor stream must meet the requirements in the table.

Item

Requirements

1

The applicant must have been invited, in writing, by the Minister to apply for a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Investor stream

2

The applicant must apply for that visa within the period stated in the invitation

3

The applicant must be nominated by a State or Territory government agency

Note:          The invitation to apply for the visa will identify the stream to which the invitation relates.

          (6A)  An applicant seeking to satisfy the primary criteria for a Subclass 188 visa in the Significant Investor stream must meet the requirements in the table.

Item

Requirements

1

The applicant must have been invited, in writing, by the Minister to apply for a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Significant Investor stream

2

The applicant must apply for that visa within the period stated in the invitation

3

The applicant must be nominated by a State or Territory government agency or the CEO of Austrade

Note:          The invitation to apply for the visa will identify the stream to which the invitation relates.

          (6B)  An applicant seeking to satisfy the primary criteria for a Subclass 188 visa in the Significant Investor Extension stream must meet the requirements in the table.

Item

Requirements

1

The applicant must be nominated by a State or Territory government agency or the CEO of Austrade

2

Either:

(a) the applicant:

(i) holds a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Significant Investor stream; and

(ii) has held that visa for at least 3 years; or

 

(b) at the time of application, the applicant:

(i) holds a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Significant Investor Extension stream; and

 

(ii) has not held more than one Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Significant Investor Extension stream

          (6C)  An applicant seeking to satisfy the primary criteria for a Subclass 188 visa in the Premium Investor stream must meet the requirements in the table.

Item

Requirements

1

The applicant must have been invited, in writing, by the Minister to apply for a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Premium Investor stream

2

The applicant must apply for that visa within the period stated in the invitation

3

The applicant must be nominated by the CEO of Austrade

Note:          The invitation to apply for the visa will identify the stream to which the invitation relates.

          (6D)  An applicant seeking to satisfy the primary criteria for a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Entrepreneur stream must meet the requirements in the table.

Item

Requirements

1

The applicant must have been invited, in writing, by the Minister to apply for a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Entrepreneur stream

2

The applicant must apply for that visa within the period stated in the invitation

3

The applicant must be nominated by a State or Territory government agency

Note:          The invitation to apply for the visa will identify the stream to which the invitation relates.

             (7)  Subclasses:

                            Subclass 188   (Business Innovation and Investment (Provisional))

1206   Diplomatic (Temporary) (Class TF)

             (1)  Form:   Nil.

             (2)  Visa application charge:   Nil.

             (3)  Other:

                     (a)  Application must be made by or on behalf of the applicant in a manner approved by the Minister.

                     (b)  Application may be made in or outside Australia, but not in immigration clearance.

                     (c)  Applicant must be in Australia to make an application in Australia.

             (4)  Subclasses:

                    995  (Diplomatic (Temporary))

1208A   Electronic Travel Authority (Class UD)

             (1)  Form: nil.

Note:          An application for this visa must be made in a way set out in regulation 2.07AB.

             (2)  Visa application charge:

                     (a)  the base application charge (payable at the time the application is made) is nil; and

                     (b)  the second instalment (payable before grant of visa) is nil.

             (3)  Other:

                     (a)  An application may be made in or outside Australia.

                     (b)  If an application is made in immigration clearance, the applicant must be in immigration clearance.

                     (c)  If an application is made in Australia (except in immigration clearance), or outside Australia, the applicant must be outside Australia.

                     (d)  An application made outside Australia must be made at:

                              (i)  a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth outside Australia; or

                             (ii)  an office of an agent who is approved in writing by the Minister as an agent with whom an application for an Electronic Travel Authority (Class UD) visa may be made.

                     (e)  An application made in Australia must be made:

                              (i)  in immigration clearance; or

                             (ii)  at an office of an agent who is approved in writing by the Minister as an agent with whom an application for an Electronic Travel Authority (Class UD) visa may be made.

                      (f)  An applicant must hold an ETA-eligible passport.

             (4)  Subclasses:

                            Subclass 601   (Electronic Travel Authority)

1211   Extended Eligibility (Temporary) (Class TK)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

 

First instalment

Item

Component

Amount

1

Base application charge

$2 370

2

Additional applicant charge for an applicant who is at least 18

$1 185

3

Additional applicant charge for an applicant who is less than 18

$595

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  the second instalment (payable before grant of visa) is nil.

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                    (aa)  Applicant may be in or outside Australia, but not in immigration clearance.

                   (ab)  Applicant must be in Australia to make an application in Australia.

                     (b)  Application by a person claiming to be a dependent child of a person who is an applicant for an Extended Eligibility (Temporary) (Class TK) visa may be made at the same time and place as, and combined with, the application by that person.

             (4)  Subclasses:

                    445  (Dependent Child)

1212B   Investor Retirement (Class UY)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

 

First instalment

Item

Component

Amount

1

Base application charge

$325

2

Additional applicant charge for an applicant who is at least 18

$165

3

Additional applicant charge for an applicant who is less than 18

$80

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  the second instalment (payable before grant of visa) is $12 990.

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  Applicant may be in or outside Australia, but not in immigration clearance.

                     (c)  Application by a person claiming to be the spouse or de facto partner of a person who is an applicant for an Investor Retirement (Class UY) visa may be made at the same time and place as, and combined with, the application by that person.

                     (d)  Applicant seeking to satisfy the primary criteria for the grant of a Subclass 405 visa must:

                              (i)  be sponsored by an appropriate regional authority; and

                             (ii)  provide, with the application, form 1249 signed by an officer of the authority who is authorised to sign a sponsorship of that kind; and

                            (iii)  be at least 55 years old, unless:

                                        (A)  the applicant is the holder of an Investor Retirement (Class UY) visa; or

                                        (B)  the last substantive visa held by the applicant since last entering Australia was an Investor Retirement (Class UY) visa.

Note:          For appropriate regional authority , see regulation 1.03.

             (4)  Subclasses:

                    405  (Investor Retirement)

1214A   Medical Treatment (Visitor) (Class UB)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

                              (i)  for an applicant who:

                                        (A)  is in Australia at the time of application; and

                                        (B)  does not apply in the course of acting as a representative for a foreign government;

                                   or whose application is combined, or sought to be combined, with an application made by that person:

 

First instalment

Item

Component

Amount

1

Base application charge

$280

2

Additional applicant charge for an applicant who is at least 18

$140

3

Additional applicant charge for an applicant who is less than 18

$70

 

                             (ii)  for any other applicant, the amount is nil.

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  the second instalment (payable before grant of visa) is nil.

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (c)  An applicant may be in or outside Australia, but not in immigration clearance.

                     (d)  An application by a person included in the passport of another person may be made at the same time and place as, and combined with, the application by that person.

             (4)  Subclasses:

                            Subclass 602   (Medical Treatment)

1214BA   New Zealand Citizen Family Relationship (Temporary) (Class UP)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

 

First instalment

Item

Component

Amount

1

Base application charge

$325

2

Additional applicant charge for an applicant who is at least 18

$165

3

Additional applicant charge for an applicant who is less than 18

$80

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  the second instalment (payable before grant of visa) is nil.

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                    (aa)  Applicant may be in or outside Australia, but not in immigration clearance.

                   (ab)  Applicant must be outside Australia to make an application outside Australia.

                     (b)  Applicant must be in Australia to make an application in Australia.

                     (c)  Application by a person claiming to be a member of the family unit of a person who is an applicant for a New Zealand Citizen Family Relationship (Temporary) (Class UP) visa may be made at the same time and place as, and combined with, the application by that person.

             (4)  Subclasses:

                    461  New Zealand Citizen Family Relationship (Temporary))

1214C   Partner (Temporary) (Class UK)

             (1)  Form:   47SP or 47SP (Internet).

             (2)  Visa application charge:   Nil.

             (3)  Other:

                     (a)  Application must be made at the same time and place as an application for a Partner (Residence) (Class BS) visa.

                     (b)  Application must be made in Australia, but not in immigration clearance.

                     (c)  Applicant must be in Australia, but not in immigration clearance.

                     (e)  Application by a person claiming to be a member of the family unit of the holder or former holder of a prospective marriage (temporary) visa (as defined in clause 820.111 of Schedule 2) who is an applicant for a Partner (Temporary) visa may be made at the same time and place as, and combined with, the application by that person.

                      (f)  Application by a person claiming to be a dependent child of a person who is an applicant for a Partner (Temporary) (Class UK) visa may be made at the same time and place as, and combined with, the application by that person.

                    (fa)  An application (not being an Internet application) must be made:

                              (i)  by posting the application (with the correct pre-paid postage) to the post office box address or other address specified by the Minister in an instrument in writing for this subparagraph; or

                             (ii)  by having the application delivered by a courier service to the address specified by the Minister in an instrument in writing for this subparagraph; or

                            (iii)  if no address has been specified for subparagraphs (i) and (ii)--by lodging the application at an office of Immigration.

                     (g)  If:

                              (i)  the applicant is the holder of:

                                        (A)  a Skilled--Independent Regional (Provisional) (Class UX) visa; or

                                        (B)  a Subclass 475 (Skilled--Regional Sponsored) visa; or

                                        (C)  a Subclass 487 (Skilled--Regional Sponsored) visa; or

                                        (D)  a Skilled--Regional Sponsored (Provisional) (Class SP) visa; or

                             (ii)  the last substantive visa held by the applicant was:

                                        (A)  a Skilled--Independent Regional (Provisional) (Class UX) visa; or

                                        (B)  a Subclass 475 (Skilled--Regional Sponsored) visa; or

                                        (C)  a Subclass 487 (Skilled--Regional Sponsored) visa; or

                                        (D)  a Skilled--Regional Sponsored (Provisional) (Class SP) visa;

                            the applicant must have held that visa for at least 2 years.

             (4)  Subclasses:

                    820  (Partner)

1215   Prospective Marriage (Temporary) (Class TO)

             (1)  Form:   47SP or 47SP (Internet).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

 

First instalment

Item

Component

Amount

1

Base application charge

$6 865

2

Additional applicant charge for an applicant who is at least 18

$3 435

3

Additional applicant charge for an applicant who is less than 18

$1 720

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  the second instalment (payable before grant of visa) is nil.

             (3)  Other:

                     (a)  Application (not being an Internet application) must be made outside Australia.

                     (b)  Applicant must be outside Australia.

                     (c)  Application by a person claiming to be a member of the family unit of a person who is an applicant for a Prospective Marriage (Temporary) (Class TO) visa must be made at the same time and place as, and combined with, the application by that person.

             (4)  Subclasses:

                    300  (Prospective Marriage)

1216   Resident Return (Temporary) (Class TP)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

 

First instalment

Item

Component

Amount

1

Base application charge

$185

2

Additional applicant charge for an applicant who is at least 18

$95

3

Additional applicant charge for an applicant who is less than 18

$45

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  the second instalment (payable before grant of visa) is nil.

             (3)  Other, unless the application is covered by subitem (3A):

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                    (aa)  Applicant must be outside Australia.

                     (b)  Application by a person who is included in the passport of another applicant for a Resident Return (Temporary) (Class TP) visa may be made at the same time and place as, and combined with, the application by that other applicant.

                     (c)  Application by a person is not a valid application if:

                              (i)  the most recent permanent visa held by the person is, or was, the subject of a notice, under subsection 135(1) of the Act, proposing cancellation; and

                             (ii)  the person has not been notified of a decision not to proceed with the cancellation; and

                            (iii)  the visa was not the subject of a decision to cancel the visa under section 134 of the Act.

                     (d)  Application by a person is not a valid application if:

                              (i)  the most recent permanent visa held by the person was the subject of a decision to cancel the visa under section 134 of the Act (whether or not the decision has come into effect); and

                             (ii)  the decision to cancel the visa has not been set aside by the Tribunal.

          (3A)  This subitem covers applications made on one of the following bases:

                     (a)  that, on 30 June 2016, the applicant held either of the following permits granted under the Immigration Act 1980 (Norfolk Island):

                              (i)  a temporary entry permit;

                             (ii)  a general entry permit;

                     (b)  that:

                              (i)  on or before 30 June 2016, the applicant was born outside Norfolk Island (whether in or outside Australia); and

                             (ii)  on 30 June 2016, the applicant did not hold either of the permits mentioned in paragraph (a); and

                            (iii)  on 30 June 2016, a parent of the applicant (other than an adoptive parent) was covered by paragraph (a); and

                            (iv)  on 30 June 2016, the applicant was a dependent child of the parent;

                     (c)  that clause 159.311 of Schedule 2 is satisfied in relation to another applicant whose application is covered by paragraph (a) or (b) of this subitem.

Note:       Paragraph (c) applies to a dependent child of the other applicant born in Australia on or after 1 July 2016. The child's application must be combined with that of the parent.

          (3B)  Other, if the application is covered by subitem (3A):

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  Applicant may be in or outside Australia, but must not be in immigration clearance.

                     (c)  Application by a person who is included in the passport of another applicant for a Resident Return (Temporary) (Class TP) visa may be made at the same time and place as, and combined with, the application by that other applicant.

                    (ca)  Application covered by paragraph (3A)(c) may be made at the same time and place as, and combined with, the application made by the other applicant referred to in that paragraph.

                     (d)  Application by a person is not a valid application if:

                              (i)  the visa held by the person that was most recently in effect is, or was, the subject of a notice under the Act proposing cancellation; and

                             (ii)  the person has not been notified of a decision not to proceed with the cancellation; and

                            (iii)  the visa was not the subject of a decision to cancel the visa under the Act.

                     (e)  Application by a person is not a valid application if:

                              (i)  the visa held by the person that was most recently in effect was the subject of a decision to cancel the visa under the Act (whether or not the decision has come into effect); and

                             (ii)  the decision to cancel the visa has not been set aside by the Tribunal.

             (4)  Subclasses:

                    159  (Provisional Resident Return)

1217   Retirement (Temporary) (Class TQ)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

 

First instalment

Item

Component

Amount

1

Base application charge

$365

2

Additional applicant charge for an applicant who is at least 18

$185

3

Additional applicant charge for an applicant who is less than 18

$90

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  the second instalment (payable before grant of visa) is nil.

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  Applicant may be in or outside Australia, but not in immigration clearance.

                     (c)  Application by a person claiming to be a member of the family unit of a person may be made at the same time and place as, and combined with, an application by any other member of the family unit seeking to satisfy either the primary or secondary criteria.

                     (d)  Application may be made on or after 1 July 2005 by a person only if:

                              (i)  the person is the holder of a Subclass 410 visa; or

                             (ii)  the last substantive visa held by the person since last entering Australia was a Subclass 410 visa; or

                            (iii)  the person claims to be the spouse or de facto partner of a person mentioned in subparagraph (i) or (ii).

             (4)  Subclasses:

                    410  (Retirement)

1218   Tourist (Class TR)

             (1)  Form:

                     (a)  If the applicant is:

                              (i)  in Australia; and

                             (ii)  in a class of persons specified by the Minister in an instrument in writing for this subparagraph: 601E.

                     (b)  If the applicant is:

                              (i)  outside Australia; and

                             (ii)  in a class of persons specified by the Minister in an instrument in writing for this subparagraph: 48 (Internet).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

                              (i)  for an applicant who:

                                        (A)  applies in the course of acting as a representative of a foreign government; or

                                        (B)  is in a class of persons specified in an instrument in writing for this sub-subparagraph;

                                   or whose application is combined, or sought to be combined, with an application made by that person:

 

First instalment

Item

Component

Amount

1

Base application charge

Nil

2

Additional applicant charge for an applicant who is at least 18

Nil

3

Additional applicant charge for an applicant who is less than 18

Nil

 

                             (ii)  for any other applicant:

                                        (A)  who is in Australia at the time of application; or

                                        (B)  whose application is combined, or sought to be combined, with an application made by that person:

 

First instalment

Item

Component

Amount

1

Base application charge

$290

2

Additional applicant charge for an applicant who is at least 18

$290

3

Additional applicant charge for an applicant who is less than 18

$75

 

                            (iii)  for any other applicant:

                                        (A)  who is outside Australia at the time of application; or

                                        (B)  whose application is combined, or sought to be combined, with an application made by that person:

 

First instalment

Item

Component

Amount

1

Base application charge

$115

2

Additional applicant charge for an applicant who is at least 18

$115

3

Additional applicant charge for an applicant who is less than 18

$30

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  the second instalment (payable before grant of visa) is nil.

             (3)  Other:

                     (a)  Oral application may be made if, and only if, the applicant:

                              (i)  is in Australia (but not in immigration clearance); and

                             (ii)  is the holder of:

                                        (A)  a Long Stay (Visitor) (Class TN) visa; or

                                        (B)  a Short Stay (Visitor) (Class TR) visa; or

                                        (C)  a Tourist (Class TR) visa.

                     (b)  Application (not being an oral application) by a person included in the passport of another person may be made at the same time and place as, and combined with, the application by that person.

             (4)  Subclasses:

                    676  (Tourist)

1218AA   Visitor (Class TV)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

 

First instalment

Item

Component

Amount

1

Base application charge

Nil

2

Additional applicant charge for an applicant who is at least 18

Nil

3

Additional applicant charge for an applicant who is less than 18

Nil

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  the second instalment (payable before grant of visa) is nil.

             (3)  Other:

                    (aa)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (a)  Applicant must be outside Australia.

                     (b)  Applicant must hold an eVisitor eligible passport.

             (4)  Subclasses:

                    651  (eVisitor)

1219   Special Category (Temporary) (Class TY)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:   Nil.

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                    (aa)  An applicant who holds a special purpose visa, or who does not hold a visa, must be:

                              (i)  in immigration clearance outside Australia travelling to Australia on a pre-cleared flight; or

                             (ii)  in immigration clearance in Australia; or

                            (iii)  in Australia after having been immigration cleared.

                   (ab)  An applicant who holds a temporary visa (other than a special purpose visa) must be:

                              (i)  in immigration clearance outside Australia travelling to Australia on a pre-cleared flight; or

                             (ii)  in Australia, but not in immigration clearance.

                     (b)  The applicant must present a New Zealand passport that is in force to an officer or a clearance authority.

                     (c)  Applicant is not the holder of a permanent visa.

                     (d)  If the application is made using an authorised system, the applicant must answer the health and character questions asked by the authorised system.

             (4)  Subclasses:

                    444  (Special Category)

1220A   Partner (Provisional) (Class UF)

             (1)  Form:   47SP or 47SP (Internet).

             (2)  Visa application charge:   Nil.

             (3)  Other:

                     (a)  Application (not being an Internet application) must be made outside Australia.

                     (b)  Applicant must be outside Australia.

                     (c)  Application must be made at the same time and place as an application for a Partner (Migrant) (Class BC) visa.

                     (d)  Application by a person claiming to be a member of the family unit of a person who is an applicant for a Partner (Provisional) (Class UF) visa may be made at the same time and place as, and combined with, the application by that person.

             (4)  Subclasses:

                    309  (Partner (Provisional))

1221   Contributory Parent (Temporary) (Class UT)

             (1)  Form:

                     (a)  If the applicant is a contributory parent newborn child:   Nil

                     (b)  In any other case:   47PA.

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

                              (i)  for an applicant who:

                                        (A)  made a valid application for a Parent (Migrant) (Class AX) visa before 27 June 2003; and

                                        (B)  withdrew that application at the same time as making the application for the Contributory Parent (Temporary) (Class UT) visa;

                                   or whose application is combined, or sought to be combined, with an application made by that person, the amount is nil; and

                             (ii)  for an applicant:

                                        (A)  who is a contributory parent newborn child; or

                                        (B)  whose application is combined, or sought to be combined, with an application made by that person;

                                   the amount is nil; and

                            (iii)  for any other applicant:

 

First instalment

Item

Component

Amount

1

Base application charge

$2 490

2

Additional applicant charge for an applicant who is at least 18

$1 245

3

Additional applicant charge for an applicant who is less than 18

$625

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  second instalment (payable before grant of visa):

 

Second instalment

Item

Applicant

Amount

1

Applicant who:

(a) was less than 18 at the time of application; and

(b) is a dependent child of an applicant for a Contributory Parent (Temporary) (Class UT) visa; and

(c) applied during the period that began on 1 July 2013 and ended on 31 August 2013

$1 825

1A

Applicant who:

(a) was less than 18 at the time of application; and

(b) is a dependent child of an applicant for a Contributory Parent (Temporary) (Class UT) visa; and

(c) applied on or after 1 September 2013

$2 095

2

Applicant who is a contributory parent newborn child

Nil

3

Any other applicant

$29 130

             (3)  Other:

                     (a)  Application must be made by:

                              (i)  posting the application (with the correct pre-paid postage) to the post office box address specified in a legislative instrument made by the Minister for this subparagraph; or

                             (ii)  having the application delivered by a courier service to the address specified in a legislative instrument made by the Minister for this subparagraph.

                     (b)  Application by a person claiming to be a member of the family unit of a person who is an applicant for a Contributory Parent (Temporary) (Class UT) visa may be made at the same time and place as, and combined with, the application by that person.

                     (c)  If the applicant has previously made a valid application for another parent visa:

                              (i)  a decision to grant or to refuse to grant that visa must have been made; or

                             (ii)  the application for that visa must have been withdrawn.

                     (d)  Application by a contributory parent newborn child must be made by notifying Immigration, in writing, of the birth of the applicant.

             (4)  Subclasses:

                    173  (Contributory Parent (Temporary))

1221A   Contributory Aged Parent (Temporary) (Class UU)

             (1)  Form:

                     (a)  If the applicant is a contributory parent newborn child:   Nil

                     (b)  In any other case:   47PA.

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

                              (i)  for an applicant who:

                                        (A)  made a valid application for an Aged Parent (Residence) (Class BP) visa before 1 July 2003; and

                                        (B)  withdrew that application at the same time as making the application for the Contributory Aged Parent (Temporary) (Class UU) visa;

                                   or whose application is combined, or sought to be combined, with an application made by that person, the amount is nil; and

                             (ii)  for an applicant:

                                        (A)  who is a contributory parent newborn child; or

                                        (B)  whose application is combined, or sought to be combined, with an application made by that person:

                                   the amount is nil; and

                            (iii)  for any other applicant:

 

First instalment

Item

Component

Amount

1

Base application charge

$3 695

2

Additional applicant charge for an applicant who is at least 18

$1 845

3

Additional applicant charge for an applicant who is less than 18

$925

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  second instalment (payable before grant of visa):

 

Second instalment

Item

Applicant

Amount

1

Applicant who:

(a) was less than 18 at the time of application; and

(b) is a dependent child of an applicant for a Contributory Aged Parent (Temporary) (Class UU) visa

$2 095

2

Applicant who is a contributory parent newborn child

Nil

3

Any other applicant

$29 130

             (3)  Other:

                     (a)  Application must be made in Australia but not in immigration clearance.

                     (b)  Applicant, other than a contributory parent newborn child, must be in Australia but not in immigration clearance.

                     (c)  If the applicant has previously made a valid application for another parent visa:

                              (i)  a decision to grant or to refuse to grant that visa must have been made; or

                             (ii)  the application for that visa must have been withdrawn.

                     (d)  Application by a person claiming to be a member of the family unit of a person who is an applicant for a Contributory Aged Parent (Temporary) (Class UU) visa may be made at the same time and place as, and combined with, the application by that person.

                   (da)  An application must be made:

                              (i)  by posting the application (with the correct pre-paid postage) to the post office box address or other address specified by the Minister in an instrument in writing for this subparagraph; or

                             (ii)  by having the application delivered by a courier service to the address specified by the Minister in an instrument in writing for this subparagraph; or

                            (iii)  if no address has been specified for subparagraphs (i) and (ii)--by lodging the application at an office of Immigration.

                     (e)  Application by a contributory parent newborn child must be made by notifying Immigration, in writing, of the birth of the applicant.

             (4)  Subclasses:

                    884  (Contributory Aged Parent (Temporary))

1222   Student (Temporary) (Class TU)

             (1)  Form: The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

                              (i)  for an applicant who is included in a class of persons specified in an instrument under paragraph (5)(a), the amount is nil; and

                             (ii)  for any other applicant:

 

First instalment

Item

Component

Amount

1

Base application charge

$550

2

Additional applicant charge for any other applicant who is at least 18

$410

3

Additional applicant charge for any other applicant who is less than 18

$135

Note 1:    Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-internet application charge. Not all of the components may apply to a particular application.

Note 2:    Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  the second instalment (payable before grant of visa) is nil.

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  An applicant may be in or outside Australia, but not in immigration clearance.

                     (c)  If the applicant seeks to satisfy the primary criteria for the grant of a Subclass 500 (Student) visa, the application must be accompanied by evidence of the applicant's intended course of study in Australia, or activities related to study in Australia, being evidence that satisfies the requirements specified in an instrument under paragraph (5)(b).

                     (d)  If the applicant seeks to satisfy the primary criteria for the grant of a Subclass 500 (Student) visa and will be under 18 years of age at any time while in Australia, the application must be accompanied by evidence of intended arrangements for the applicant's accommodation, support and general welfare.

                     (e)  An application by a person claiming to be a member of the family unit of a person who is seeking to satisfy the primary criteria for the grant of a Subclass 500 (Student) visa may be made at the same time and place as, and combined with, the application by that person.

                      (f)  An application by a person claiming to be a member of the family unit of a person who is seeking to satisfy the primary criteria for the grant of a Subclass 590 (Student Guardian) visa must be made at the same time as, and combined with, the application by that person.

             (4)  If the applicant is in Australia, the applicant must hold a substantive temporary visa (other than a substantive temporary visa specified in an instrument under paragraph (5)(c)), or must satisfy the following paragraphs:

                     (a)  the applicant is not the holder of a substantive visa;

                     (b)  the last substantive visa held by the applicant was:

                              (i)  a student visa; or

                             (ii)  a special purpose visa; or

                            (iii)  a Diplomatic (Temporary) (Class TF) visa granted to the holder as the spouse or de facto partner, or a dependent relative, of a diplomatic or consular representative of a foreign country;

                     (c)  the application is made within 28 days after:

                              (i)  the day when that last substantive visa ceased to be in effect; or

                             (ii)  if that last substantive visa was cancelled, and the Tribunal has made a decision to set aside and substitute the cancellation decision or the Minister's decision not to revoke the cancellation--the later of:

                                        (A)  the day when that last substantive visa ceased to be in effect; and

                                        (B)  the day when the applicant is taken, under sections 368D and 379C of the Act, to have been notified of the Tribunal's decision;

                     (d)  the applicant has not previously been granted a visa based on an application made when the applicant did not hold a substantive visa.

             (5)  The Minister may, by legislative instrument, specify all or any of the following:

                     (a)  classes of persons to whom subparagraph (2)(a)(i) applies;

                     (b)  the requirements that evidence required by paragraph (3)(c) must satisfy;

                     (c)  substantive temporary visas for the purposes of subitem (4).

             (6)  Subclasses:

                    500  (Student)

                    590  (Student Guardian)

             (7)  In this item:

"course of study " has the same meaning as in clause 500.111.

1223A   Temporary Business Entry (Class UC)

             (1)  Form:

                     (b)  If:

                              (i)  the applicant seeks to satisfy the criteria for the grant of a Subclass 457 (Temporary Work (Skilled)) visa; and

                             (ii)  paragraph (bb) does not apply;

                            the application must be made as an internet application using the form specified by the Minister in an instrument in writing for this paragraph.

                   (ba)  If:

                              (i)  the applicant seeks to satisfy the criteria for the grant of a Subclass 457 (Temporary Work (Skilled)) visa; and

                             (ii)  paragraph (bb) does not apply; and

                            (iii)  the applicant has been unable to lodge an application in accordance with paragraph (b) in a circumstance specified by the Minister in an instrument in writing for this paragraph;

                            the application may be made in a way, and using a form, specified by the Minister in that instrument.

                   (bb)  If the applicant:

                              (i)  seeks to satisfy the secondary criteria for the grant of a Subclass 457 (Temporary Work (Skilled)) visa; and

                             (ii)  is not making a combined application with the applicant seeking to satisfy the primary criteria for the grant of that visa;

                            the application must be made as an internet application using the form specified by the Minister in an instrument in writing for this paragraph.

                   (bc)  If:

                              (i)  the applicant seeks to satisfy the secondary criteria for the grant of a Subclass 457 (Temporary Work (Skilled)) visa; and

                             (ii)  the applicant has been unable to lodge an application in accordance with paragraph (bb) in a circumstance specified by the Minister in an instrument in writing for this paragraph;

                            the application may be made in a way, and using a form, specified by the Minister in that instrument.

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

 

First instalment

Item

Component

Amount

1

Base application charge

$1 060

2

Additional applicant charge for an applicant who is at least 18

$1 060

3

Additional applicant charge for an applicant who is less than 18

$265

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  the second instalment (payable before grant of visa) is nil.

             (3)  Other:

                    (aa)  An applicant for a Subclass 457 (Temporary Work (Skilled)) visa may be in or outside Australia, but not in immigration clearance.

                     (c)  An application by an applicant who:

                              (i)  seeks to satisfy the secondary criteria for the grant of a Subclass 457 (Temporary Work (Skilled)) visa; and

                             (ii)  claims to be a member of the family unit of a person who seeks to satisfy the primary criteria (the primary applicant );

                            may be made at the same time and place as, and combined with, an application by the primary applicant or any other applicant who claims to be a member of the family unit of the primary applicant.

                     (d)  In the case of an applicant who seeks to satisfy the primary criteria for the grant of a Subclass 457 (Temporary Work (Skilled)) visa on the basis that the applicant meets the requirements of subclause 457.223(2) of Schedule 2:

                              (i)  a person must have nominated an occupation in relation to the applicant; and

                             (ii)  either of the following applies:

                                        (A)  the nomination has been approved under section 140GB of the Act and the approval of the nomination has not ceased under regulation 2.75;

                                        (B)  a decision in respect of the nomination has not been made under section 140GB of the Act.

                   (da)  In the case of an applicant who seeks to satisfy the primary criteria for the grant of a Subclass 457 (Temporary Work (Skilled)) visa on the basis that the applicant meets the requirements of subclause 457.223(4) of Schedule 2:

                              (i)  a person must have nominated an occupation in relation to the applicant; and

                             (ii)  either of the following applies:

                                        (A)  the nomination has been approved under section 140GB of the Act and the approval of the nomination has not ceased under regulation 2.75;

                                        (B)  a decision in respect of the nomination has not been made under section 140GB of the Act; and

                            (iii)  the person who nominated the occupation is not the subject of a bar under section 140M of the Act.

                     (e)  An applicant seeking to satisfy the primary criteria for the grant of a Subclass 457 (Temporary Work (Skilled)) visa must declare in the application (the primary application ) whether or not either:

                              (i)  the applicant; or

                             (ii)  any person who has made a combined application with the applicant;

                            has engaged in conduct, in relation to the primary application or the combined application, that constitutes a contravention of subsection 245AS(1) of the Act.

             (4)  Subclasses:

                            Subclass 457   (Temporary Work (Skilled))

1223B   Temporary Safe Haven (Class UJ)

             (1)  Form:   Nil.

             (2)  Visa application charge:   Nil.

             (3)  Subclasses:

                    449  (Humanitarian Stay (Temporary))

Note:          See regulation 2.07AC for how an application for a Temporary Safe Haven (Class UJ) visa is taken to have been validly made.

1223C   Temporary (Humanitarian Concern) (Class UO)

             (1)  Form:   Nil.

             (2)  Visa application charge:   Nil.

             (3)  Subclasses:

                    786  (Temporary (Humanitarian Concern))

Note:          See regulation 2.07AC for how an application for a Temporary (Humanitarian Concern) (Class UO) visa is taken to have been validly made.

1224   Transit (Temporary) (Class TX)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:   Nil.

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  Applicant must be outside Australia.

             (4)  Subclasses:

                    771  (Transit)

1224A   Work and Holiday (Temporary) (Class US)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  the base application charge (payable at the time the application is made) is $440; and

                     (b)  the second instalment (payable before grant of visa) is nil.

Note:          Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                   Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

             (3)  Other:

                     (a)  Applicant must hold a valid passport issued by a foreign country specified in an instrument in writing for this paragraph.

Note:       For foreign country , see section 2B of the Acts Interpretation Act 1901 .

                    (aa)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  If the applicant is not, and has not previously been, in Australia as the holder of a Subclass 462 (Work and Holiday) visa, the applicant must:

                              (i)  be outside Australia; and

                             (ii)  not have previously been in Australia as the holder of a Subclass 417 (Working Holiday) visa; and

                            (iii)  unless the applicant is a member of a class of persons specified by the Minister, by an instrument in writing, for this subparagraph--provide evidence that the applicant has the support for the grant of the visa from the government of the foreign country mentioned in paragraph (a).

                     (c)  If the applicant is, or has previously been, in Australia as the holder of a Subclass 462 (Work and Holiday) visa:

                              (i)  the applicant may be in or outside Australia, but not in immigration clearance; and

                             (ii)  the application must be accompanied by a declaration by the applicant that he or she has carried out specified Subclass 462 work for a total period of at least 3 months as the holder of that visa; and

                            (iii)  the applicant must not have held more than one Subclass 462 (Work and Holiday) visa in Australia before making the application; and

                            (iv)  if the applicant is in Australia, the applicant must hold a substantive visa or have held a substantive visa at any time in the period of 28 days immediately before making the application.

             (4)  Subclasses:

                    462  (Work and Holiday)

1225   Working Holiday (Temporary) (Class TZ)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  the base application charge (payable at the time the application is made) is $440; and

                     (b)  the second instalment (payable before grant of visa) is nil.

Note:          Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                   Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

             (3)  An application must be made at the place, and in the manner, (if any) specified in relation to a class of persons that includes the applicant by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

          (3A)  If the applicant is not, and has not previously been, in Australia as the holder of a Subclass 417 (Working Holiday) visa, the applicant:

                     (a)  is outside Australia; and

                     (b)  holds a working holiday eligible passport.

          (3B)  If the applicant is, or has previously been, in Australia as the holder of a Subclass 417 (Working Holiday) visa:

                     (a)  the applicant may be in or outside Australia, but not in immigration clearance; and

                     (c)  the application must be accompanied by a declaration by the applicant that he or she has carried out specified work in regional Australia for a total period of at least 3 months as the holder of that visa; and

                     (d)  the applicant has not previously held more than 1 Subclass 417 (Working Holiday) visa in Australia; and

                     (e)  the applicant holds a working holiday eligible passport; and

                      (f)  if the applicant is in Australia, the applicant must:

                              (i)  hold a substantive visa; or

                             (ii)  have held a substantive visa at any time in the period of 28 days immediately before making the application.

          (3C)  The applicant must not have previously been in Australia as the holder of a Subclass 462 (Work and Holiday) visa.

             (4)  Subclasses:

                    417  (Working Holiday)

             (5)  In this item:

"regional Australia " means a place specified by the Minister in an instrument in writing for this definition.

"specified work " means work of a kind specified by the Minister in an instrument in writing for this definition.

"working holiday eligible passport " means a valid passport held by a person who is a member of a class of persons specified in an instrument mentioned in subitem (3).

Note:          Internet application is defined in regulation 1.03.

1227   Maritime Crew (Temporary) (Class ZM)

Note :          This class of visa relates to a member of the crew of a non-military ship. Those expressions are defined in regulation 1.03.

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:   Nil.

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  Applicant must be outside Australia.

                     (c)  Applicant is not the holder of a permanent visa.

                     (e)  An applicant who seeks to satisfy the secondary criteria for the grant of the visa must claim to be a member of the family unit of:

                              (i)  the holder of a Maritime Crew (Temporary) (Class ZM) visa who has satisfied the primary criteria for the grant of the visa; or

                             (ii)  an applicant who seeks to satisfy, or has satisfied, the primary criteria for the grant of the visa.

             (4)  Subclasses:

                    988  (Maritime Crew)

1228   Skilled (Provisional) (Class VF)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

 

First instalment

Item

Component

Amount

1

Base application charge

$360

2

Additional applicant charge for an applicant who is at least 18

$180

3

Additional applicant charge for an applicant who is less than 18

$90

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  the second instalment (payable before grant of visa) is nil.

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (c)  Applicant seeking to satisfy the primary criteria for the grant of a Subclass 476 (Skilled--Recognised Graduate) visa must be less than 31.

                     (d)  Application by a person claiming to be a member of the family unit of a person who seeks to satisfy the primary criteria may be made at the same time and place as, and combined with, an application by that person.

             (4)  Subclasses:

                            Subclass 476   (Skilled--Recognised Graduate)

1229   Skilled (Provisional) (Class VC)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

 

First instalment

Item

Component

Amount

1

Base application charge

$1 470

2

Additional applicant charge for an applicant who is at least 18

$735

3

Additional applicant charge for an applicant who is less than 18

$370

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  the second instalment (payable before grant of visa) is nil.

             (3)  Other:

                     (c)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                      (f)  An applicant claiming to be a member of the family unit of a person who, having satisfied the primary criteria, holds a Skilled (Provisional) (Class VC) visa may be in or outside Australia when making his or her application, but not in immigration clearance.

                     (g)  An applicant to whom paragraph (f) does not apply must be in Australia, but not in immigration clearance, when making his or her application.

                     (h)  An application by a person claiming to be a member of the family unit of a person who seeks to satisfy the primary criteria may be made at the same time and place as, and combined with, an application by that person.

                      (j)  An applicant seeking to satisfy the primary criteria for the grant of a Subclass 485 (Temporary Graduate) visa must nominate only one stream to which the application relates.

                     (k)  An applicant seeking to satisfy the primary criteria for the grant of a Subclass 485 (Temporary Graduate) visa in the Graduate Work stream must nominate a skilled occupation for the applicant that is specified by the Minister in an instrument in writing for this paragraph.

                      (l)  An applicant seeking to satisfy the primary criteria for the grant of a Subclass 485 (Temporary Graduate) visa in the Post-Study Work stream:

                              (i)  must hold a Student Temporary (Class TU) visa that:

                                        (A)  was granted on the basis of an application made on or after 5 November 2011; and

                                        (B)  is the first Student Temporary (Class TU) visa that the applicant has held; or

                             (ii)  must have held a Student Temporary (Class TU) visa that:

                                        (A)  was granted on the basis of an application made on or after 5 November 2011; and

                                        (B)  was the first Student Temporary (Class TU) visa that the applicant had held.

                    (m)  An applicant seeking to satisfy the primary criteria for the grant of a Subclass 485 (Temporary Graduate) visa must meet the requirements of subitem (4) .

             (4)  The following requirements must be met:

                     (a)  one of the following subparagraphs must be satisfied by the applicant:

                              (i)  the applicant holds an eligible student visa;

                             (ii)  the applicant must:

                                        (A)  hold a Bridging A (Class WA) visa or Bridging B (Class WB) visa that was granted on the basis of a valid application for a visa; and

                                        (B)  have held an eligible student visa at any time during the period of 6 months ending immediately before the day on which the application for the Skilled (Provisional) (Class VC) visa is made;

                            (iii)  the applicant must:

                                        (A)  hold a substantive visa; and

                                        (B)  have held an eligible student visa at any time during the period of 6 months ending immediately before the day on which the application for the Skilled (Provisional) (Class VC) visa is made;

                            (iv)  the applicant must have been taken, under sections 368C, 368D and 379C of the Act, to have been notified that the Tribunal has set aside and substituted the Minister's decision not to revoke the cancellation of the applicant's eligible student visa not more than 28 days before the day on which the application is made;

                     (b)  the applicant seeking to satisfy the primary criteria for the grant of the visa must be less than 50.

           (10)  Subclasses:

                            Subclass 485   (Temporary Graduate)

           (11)  In this item:

"eligible student visa " means a student visa, other than:

                     (a)  a visa granted to a Foreign Affairs student or Defence student; or

                     (b)  a visa granted on the basis of the applicant being a member of the family unit of the holder of a student visa.

1230   Skilled--Regional Sponsored (Provisional) (Class SP)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

                              (i)  for an applicant who holds:

                                        (A)  a Skilled--Independent Regional (Provisional) (Class UX) visa; or

                                        (B)  a Skilled--Designated Area-sponsored (Provisional) (Class UZ) visa; or

                                        (C)  a Subclass 475 (Skilled--Regional Sponsored) visa; or

                                        (D)  a Subclass 487 (Skilled--Regional Sponsored) visa;

                                   or whose application is combined, or sought to be combined, with an application made by that person:

 

First instalment

Item

Component

Amount

1

Base application charge

$320

2

Additional applicant charge for an applicant who is at least 18

$160

3

Additional applicant charge for an applicant who is less than 18

$80

 

                             (ii)  for any other applicant:

 

First instalment

Item

Component

Amount

1

Base application charge

$3 600

2

Additional applicant charge for an applicant who is at least 18

$1 800

3

Additional applicant charge for an applicant who is less than 18

$900

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  second instalment (payable before grant of visa):

 

Second instalment

Item

Applicant

Amount

1

Applicant who:

(a) was at least 18 at the time of application; and

(b) is assessed as not having functional English; and

$4 890

 

(c) has not paid a second instalment of visa application charge in relation to the application for the visa, mentioned in subparagraph (2)(a)(i), that the applicant holds

 

2

Any other applicant

Nil

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  An applicant may be in or outside Australia, but not in immigration clearance.

                     (c)  An applicant in Australia must hold:

                              (i)  a substantive visa; or

                             (ii)  a Subclass 010 (Bridging A) visa; or

                            (iii)  a Subclass 020 (Bridging B) visa; or

                            (iv)  a Subclass 030 (Bridging C) visa.

                     (d)  An application by a person claiming to be a member of the family unit of a person who is an applicant for a Skilled--Regional Sponsored (Provisional) (Class SP) visa may be made at the same time as, and combined with, an application by that person.

             (4)  An applicant seeking to satisfy the primary criteria for the grant of a Subclass 489 (Skilled--Regional (Provisional)) visa in the First Provisional Visa stream must meet the requirements in the table.

 

Item

Requirements

1

The applicant must have been invited, in writing, by the Minister to apply for a Subclass 489 (Skilled-Regional (Provisional)) visa in the First Provisional Visa stream

2

The applicant must apply for that visa within the period stated in the invitation

3

The applicant must not have turned 50 at the time of invitation to apply for the visa

4

The applicant must nominate a skilled occupation:

(a) that is specified by the Minister in an instrument in writing for this item as a skilled occupation at the time of invitation to apply for the visa; and

(b) that is specified in the invitation as the skilled occupation which the applicant may nominate; and

 

(c) for which the applicant declares in the application that the applicant's skills have been assessed as suitable by the relevant assessing authority and that the assessment is not for a Subclass 485 (Temporary Graduate) visa

5

The applicant must:

(a) be nominated by a State or Territory government agency; or

(b) declare in the application that the applicant is sponsored by a person who:

(i) has turned 18; and

(ii) is an Australian citizen, Australian permanent resident or eligible New Zealand citizen

6

If the applicant declares in the application that the applicant is sponsored by a person mentioned in paragraph 5(b), the applicant also declares in the application that:

(a) the sponsor is usually resident in a designated area of Australia; and

(b) the sponsor is related to the applicant, or the applicant's spouse or de facto partner (if the applicant's spouse or de facto partner is an applicant for the grant of a Skilled--Regional Sponsored (Provisional) (Class SP) visa), as:

 

(i) a parent; or

(ii) a child or step-child; or

(iii) a brother, sister, adoptive brother, adoptive sister, step-brother or step-sister; or

(iv) an aunt, uncle, adoptive aunt, adoptive uncle, step-aunt or step-uncle; or

(v) a nephew, niece, adoptive nephew, adoptive niece, step-nephew or step-niece; or

 

(vi) a grandparent; or

(vii) a first cousin; and

(c) each person who is an applicant, and claims to be a member of the family unit of the applicant, is sponsored by that person

Note:          designated area is defined in regulation 1.03

             (5)  An applicant seeking to satisfy the primary criteria for the grant of a Subclass 489 (Skilled--Regional (Provisional)) visa in the Second Provisional Visa stream must meet the requirements in the table.

 

Item

Requirements

1

The applicant holds one of the following visas:

(a) a Skilled--Independent (Provisional) (Class UX) visa;

(b) a Skilled--Designated Area-sponsored (Provisional) (Class UZ) visa;

(c) a Subclass 475 (Skilled--Regional Sponsored) visa;

(d) a Subclass 487 (Skilled--Regional Sponsored) visa.

2

For at least 2 years immediately before the application is made, the applicant must have held one of those visas, granted on the basis of:

(a) satisfying the primary criteria for the grant of that visa; or

(b) being the spouse or de facto partner of the person who satisfied the primary criteria for the grant of that visa

3

The applicant must not have held more than one of a particular kind of those visas

             (6)  Subclasses:

                            Subclass 489   (Skilled--Regional (Provisional))

1231   Temporary Work (Short Stay Specialist) (Class GA)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

                            (iii)  for an applicant:

                                        (A)  who applies in the course of acting as a representative for a foreign government; or

                                        (B)  whose application is combined, or sought to be combined, with an application made by that person;

                                   the amount is nil; and

                            (iv)  for an applicant:

                                        (A)  who is in a class of persons specified by the Minister in an instrument in writing for this subparagraph; or

                                        (B)  whose application is combined, or sought to be combined, with an application made by that person;

                                   the amount is nil; and

                             (v)  for any other applicant:

 

First instalment

Item

Component

Amount

1

Base application charge

$275

2

Additional applicant charge for an applicant who is at least 18

$275

3

Additional applicant charge for an applicant who is less than 18

$70

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  the second instalment (payable before grant of visa) is nil.

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  An applicant must be outside Australia.

                     (c)  An application by a person claiming to be a member of the family unit of a person who is an applicant for a Temporary Work (Short Stay Specialist ) (Class GA) visa may be made at the same time as, and combined with, the application by that person.

             (4)  Subclasses:

                            Subclass 400   (Temporary Work (Short Stay Specialist ))

1234   Temporary Work (International Relations) (Class GD)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

                              (i)  for an applicant who is in a class of persons specified by the Minister in a legislative instrument made for the purposes of this item under subregulation 2.07(5), the amount is nil; and

                             (ii)  for an applicant whose application is combined with an application made by a person referred to in subparagraph (i), the amount is nil; and

                            (iii)  for any other applicant:

 

First instalment

Item

Component

Amount

1

Base application charge

$275

2

Additional applicant charge for an applicant who is at least 18

$275

3

Additional applicant charge for an applicant who is less than 18

$70

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  the second instalment (payable before grant of visa) is nil.

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  Subject to paragraph (c), an applicant may be in or outside Australia, but not in immigration clearance.

                     (c)  An applicant seeking to satisfy the criteria for a Subclass 403 (Temporary Work (International Relations)) visa in the Seasonal Worker Program stream must be outside Australia.

                    (ca)  If an applicant is seeking to satisfy the primary criteria for a Subclass 403 (Temporary Work (International Relations)) visa in the Seasonal Worker Program stream, the application must meet the requirement in subitem (3A) or (3B).

                   (cb)  An applicant must not hold a permanent visa.

                     (d)  An application by a person claiming to be a member of the family unit of a person who is an applicant for an Temporary Work (International Relations) (Class GD) visa may be made at the same time and place as, and combined with, an application by that person or any other member of the family unit who claims to be a member of the family unit of the primary applicant.

Note:          An applicant for a Temporary Work (International Relations) (Class GD) visa cannot meet the secondary criteria for the grant of the visa if the primary applicant holds a Subclass 403 (Temporary Work (International Relations)) visa in the Seasonal Worker Program stream or the Domestic Worker (Diplomatic or Consular) stream (see clause 403.311 of Schedule 2).

          (3A)  For the purposes of paragraph (3)(ca), an application meets the requirement in this subitem if the application specifies a person who has agreed to be the applicant's sponsor in relation to the application, and the person is:

                     (a)  a temporary activities sponsor; or

                     (b)  a person who has applied for approval as a temporary activities sponsor, but whose application has not yet been decided.

          (3B)  For the purposes of paragraph (3)(ca), an application meets the requirement in this subitem if:

                     (a)  the application is lodged on or before 18 May 2017; and

                     (b)  the application specifies a person who has agreed to be the applicant's sponsor in relation to the application, and the person is:

                              (i)  a special program sponsor; or

                             (ii)  a person who has applied for approval as a special program sponsor, but whose application has not yet been decided.

             (4)  Subclasses:

                            Subclass 403   (Temporary Work (International Relations))

1236   Visitor (Class FA)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  in relation to an application for a Subclass 600 (Visitor) visa that is not in the Frequent Traveller stream--first instalment (payable at the time the application is made):

                              (i)  for an applicant who is in Australia at the time of application, the base application charge is $340; and

                             (ii)  for an applicant who is outside Australia at the time of application, the base application charge is $135; and

                            (iii)  for an applicant who applies in the course of acting as a representative of a foreign government, the amount is nil; and

                            (iv)  for an applicant in a class of persons specified by the Minister in an instrument in writing for this subparagraph, the amount is nil; and

                    (aa)  in relation to an application for a Subclass 600 (Visitor) visa in the Frequent Traveller stream--first instalment (payable at the time the application is made): the base application charge is $1,000; and

                     (b)  the second instalment (payable before grant of visa) is nil.

Note:          Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                   Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

Tourist stream--additional requirements

             (3)  For an applicant seeking to satisfy the primary criteria for a Subclass 600 (Visitor) visa in the Tourist stream, the requirements in the table must be met.

 

Requirements

Item

Requirements

1

An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

2

T he applicant may be in or outside Australia.

3

The applicant may make an oral application for the visa only if the applicant:

(a) is in Australia (but not in immigration clearance); and

(b) holds:

(i)   a Subclass 600 (Visitor) visa; or

(ii)  a Subclass 676 (Tourist) visa

Note:          Regulation 2.09 deals with oral applications.

Sponsored Family stream--additional requirements

             (4)  For an applicant seeking to satisfy the primary criteria for a Subclass 600 (Visitor) visa in the Sponsored Family stream, the requirements in the table must be met.

Requirements

Item

Requirements

1

An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

2

The applicant must be outside Australia

Business Visitor stream--additional requirements

             (5)  For an applicant seeking to satisfy the primary criteria for a Subclass 600 (Visitor) visa in the Business Visitor stream, the requirements in the table must be met.

Requirements

Item

Requirements

1

An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

2

The applicant must be outside Australia

Approved Destination Status stream--additional requirements

             (6)  For an applicant seeking to satisfy the primary criteria for a Subclass 600 (Visitor) visa in the Approved Destination Status stream, the requirements in the table must be met.

Requirements

Item

Requirements

1

The applicant must be a citizen of PRC

2

The applicant must be in PRC at the time of application

3

The applicant must be intending to travel to Australia as a member of a tour organised by a travel agent specified by the Minister in an instrument in writing for this item

4

An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

Frequent Traveller stream--additional requirements

          (6A)  For an applicant seeking to satisfy the primary criteria for a Subclass 600 (Visitor) visa in the Frequent Traveller stream, the requirements in the table must be met.

 

Requirements

Item

Requirements

1

An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for the purposes of this item under subregulation 2.07(5)

2

The applicant must be:

(a) outside Australia; and

(b) if a place is specified by the Minister in a legislative instrument made for the purposes of this item under subregulation 2.07(5)--in the specified place

3

The applicant must hold a valid passport of a kind specified by the Minister in a legislative instrument made for the purposes of this item under subregulation 2.07(5).

Subclasses

             (7)  Subclasses:

                            Subclass 600   (Visitor)

1237   Temporary Activity (Class GG)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for the purposes of this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

                              (i)  for an applicant in a class of persons specified by the Minister in a legislative instrument made for the purposes of this subparagraph under subregulation 2.07(5), the amount is nil; and

                             (ii)  for an applicant whose application is combined with an application made by a person referred to in subparagraph (i), the amount is nil; and

                            (iii)  for an applicant in a class of persons specified by the Minister in a legislative instrument made for the purposes of this subparagraph under subregulation 2.07(5):

 

First instalment

Item

Component

Amount

1

Base application charge

$70

2

Additional applicant charge for an applicant who is at least 18

$70

3

Additional applicant charge for an applicant who is less than 18

$20

 

                            (iv)  for any other applicant:

 

First instalment

Item

Component

Amount

1

Base application charge

$275

2

Additional applicant charge for an applicant who is at least 18

$275

3

Additional applicant charge for an applicant who is less than 18

$70

 

                     (b)  the second instalment (payable before grant of visa) is nil.

Note 1:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

Note 2:       Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and who has combined the application with that applicant's application.

Additional requirements

             (3)  The requirements in the table must be met.

 

Requirements

Item

Requirements

1

An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for the purposes of this item under subregulation 2.07(5)

2

An applicant may be in or outside Australia, but not in immigration clearance

3

If an applicant:

(a) is seeking to satisfy the criterion in clause 408.219A of Schedule 2 on the basis of a clause in Subdivision 408.22 of Schedule 2 other than clause 408.229 (Australian Government endorsed events); and

(b) either:

(i) is in Australia; or

(ii) is outside Australia, and states on the application form that the proposed length of stay in Australia exceeds 3 months;

the application must meet the requirement in subitem (4) or (5) of this item

4

If an applicant holds a substantive visa, the visa must not be:

(a) a permanent visa; or

(b) a Subclass 403 (Temporary Work (International Relations)) visa in the Domestic Worker (Diplomatic or Consular) stream; or

(c) a Subclass 771 (Transit) visa; or

(d) a special purpose visa; or

(e) a temporary visa specified by the Minister in a legislative instrument made for the purposes of this paragraph under subregulation 2.07(5)

5

If an applicant is in Australia and does not hold a substantive visa:

(a) the applicant must have held a substantive visa; and

(b) the last substantive visa held by the applicant must not have been:

(i) a Subclass 403 (Temporary Work (International Relations)) visa in the Domestic Worker (Diplomatic or Consular) stream; or

(ii) a Subclass 771 (Transit) visa; or

(iii) a special purpose visa; and

(c) the application must be made:

(i) within 28 days after the day when the last substantive visa held by the applicant ceased to be in effect; or

(ii) if that last substantive visa was cancelled, and the Tribunal has made a decision to set aside and substitute the cancellation decision or the Minister's decision not to revoke the cancellation--within 28 days after the day when the applicant is taken, under section 368D or 379C of the Act, to have been notified of the Tribunal's decision

6

An applicant seeking to satisfy the primary criteria must declare in the application (the primary application ) whether or not each of the following:

(a) the applicant;

(b) any person who has made a combined application with the applicant;

has engaged in conduct, in relation to the primary application or the combined application, that constitutes a contravention of subsection 245AS(1) of the Act

             (4)  For the purposes of item 3 of the table in subitem (3), an application meets the requirement in this subitem if the application specifies a person who has agreed to be the applicant's sponsor in relation to the application, and the person is:

                     (a)  a temporary activities sponsor; or

                     (b)  a person who has applied for approval as a temporary activities sponsor, but whose application has not yet been decided.

             (5)  For the purposes of item 3 of the table in subitem (3), an application lodged on or before 18 May 2017 meets the requirement in this subitem if the application specifies a person who has agreed to be the applicant's sponsor in relation to the application, and the person is:

                     (a)  a long stay activity sponsor; or

                     (b)  a training and research sponsor; or

                     (c)  a special program sponsor; or

                     (d)  an entertainment sponsor; or

                     (e)  a superyacht crew sponsor; or

                      (f)  a person who has applied for approval as a sponsor mentioned in any of paragraphs (a) to (e), but whose application has not yet been decided.

             (6)  An application by a person claiming to be a member of the family unit of a person (the primary applicant ) who is an applicant for a Temporary Activity (Class GG) visa may be made at the same time and place as, and combined with, an application by the primary applicant or any other member of the family unit who claims to be a member of the family unit of the primary applicant.

             (7)  Subclasses:

                            Subclass 408   (Temporary Activity)

1238   Training (Class GF)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for the purposes of this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

 

First instalment

Item

Component

Amount

1

Base application charge

$275

2

Additional applicant charge for an applicant who is at least 18

$275

3

Additional applicant charge for an applicant who is less than 18

$70

 

                     (b)  the second instalment (payable before grant of visa) is nil.

Note 1:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

Note 2:       Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

Additional requirements

             (3)  The requirements in the table must be met.

 

Requirements

Item

Requirements

1

An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for the purposes of this item under subregulation 2.07(5)

2

An applicant may be in or outside Australia, but not in immigration clearance

3

An application must specify the person who has agreed to be the applicant's approved sponsor

4

The person specified in an application for the purposes of item 3 must be:

(a) a temporary activities sponsor, or a person who has applied for approval as a temporary activities sponsor but whose application has not yet been decided; or

(b) for an application lodged on or before 18 May 2017--a professional development sponsor or a training and research sponsor, or a person who has applied for approval as a professional development sponsor or a training and research sponsor but whose application has not yet been decided

5

If the person specified in an application for the purposes of item 3 is not a Commonwealth agency:

(a) in a case where the person is an approved sponsor of a kind referred to in item 4:

(i) the person must have nominated a program of occupational training in relation to the applicant under paragraph 140GB(1)(b) of the Act; and

(ii) if a decision in respect of the nomination has been made under subsection 140GB(2) of the Act, the nomination must have been approved under that subsection and the approval must not have ceased under regulation 2.75A; and

(iii) the application must identify the nomination; or

(b) in a case where the person has applied for approval as a sponsor of a kind referred to in item 4, but the application has not yet been decided:

(i) the person must have made a nomination of a program of occupational training in relation to the applicant that would be a nomination under paragraph 140GB(1)(b) of the Act if the person were an approved sponsor of a kind referred to in item 4; and

(ii) the application must identify the nomination

6

If an applicant holds a substantive visa, the visa must not be:

(a) a permanent visa; or

(b) a Subclass 403 (Temporary Work (International Relations)) visa in the Domestic Worker (Diplomatic or Consular) stream; or

(c) a Subclass 771 (Transit) visa; or

(d) a special purpose visa; or

(e) a temporary visa specified by the Minister in a legislative instrument made for the purposes of this paragraph under subregulation 2.07(5)

7

If an applicant is in Australia and does not hold a substantive visa:

(a) the applicant must have held a substantive visa; and

(b) the last substantive visa held by the applicant must not have been:

(i) a Subclass 403 (Temporary Work (International Relations)) visa in the Domestic Worker (Diplomatic or Consular) stream; or

(ii) a Subclass 771 (Transit) visa; or

(iii) a special purpose visa; and

(c) the application must be made:

(i) within 28 days after the day when the last substantive visa held by the applicant ceased to be in effect; or

(ii) if that last substantive visa was cancelled, and the Tribunal has made a decision to set aside and substitute the cancellation decision or the Minister's decision not to revoke the cancellation--within 28 days after the day when the applicant is taken, under section 368D or 379C of the Act, to have been notified of the Tribunal's decision

8

An applicant seeking to satisfy the primary criteria must declare in the application (the primary application ) whether or not each of the following:

(a) the applicant;

(b) any person who has made a combined application with the applicant;

has engaged in conduct, in relation to the primary application or the combined application, that constitutes a contravention of subsection 245AS(1) of the Act

             (4)  An application by a person claiming to be a member of the family unit of a person (the primary applicant ) who is an applicant for a Training (Class GF) visa may be made at the same time and place as, and combined with, an application by that person or any other member of the family unit who claims to be a member of the family unit of the primary applicant.

             (5)  Subclasses:

                            Subclass 407   (Training)

Part 3 -- Bridging visas

1301   Bridging A (Class WA)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

 

First instalment

Item

Component

Amount

1

Base application charge

Nil

2

Additional applicant charge for an applicant who is at least 18

Nil

3

Additional applicant charge for an applicant who is less than 18

Nil

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  the second instalment (payable before grant of visa) is nil.

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  Applicant must be in Australia but not in immigration clearance.

                     (c)  Either:

                              (i)  the applicant has made a valid application for a substantive visa that has not been finally determined; or

                             (ii)  application has been made, within statutory time limits, for judicial review of a decision in relation to the applicant's substantive visa application, and the judicial review proceedings (including proceedings on appeal, if any) have not been completed.

                     (d)  Applicant must:

                              (i)  hold a substantive visa; or

                             (ii)  hold a Bridging A (Class WA) or Bridging B (Class WB) visa and have held a substantive visa when he or she made the substantive visa application; or

                            (iii)  have held a substantive visa when he or she made the substantive visa application referred to in paragraph (c); or

                            (iv)  have previously held a Bridging A (Class WA) visa granted under regulation 2.21A in respect of the substantive visa referred to in paragraph (c).

                     (e)  If the last substantive visa held by the applicant was cancelled:

                              (i)  the decision to cancel that visa has been set aside by the Tribunal; or

                             (ii)  if that visa was cancelled under section 137J of the Act:

                                        (A)  the cancellation has been revoked; or

                                        (B)  a decision not to revoke the cancellation has been set aside by the Tribunal.

                      (f)  Applicant is not in immigration detention or criminal detention.

                     (g)  Application by a person claiming to be a member of the family unit of a person who is an applicant for a Bridging A (Class WA) visa may be made at the same time and place as, and combined with, the application by that person.

             (4)  Subclasses:

                    010  (Bridging A)

Note 1:       The Minister must grant a Bridging A (Class WA) visa in the circumstances set out in regulation 2.21A.

Note 2:       Regulation 2.07A sets out the circumstances in which an application for a substantive visa on a form mentioned in this item is not a valid application for a Bridging A (Class WA), Bridging C (Class WC) or Bridging E (Class WE) visa.

1302   Bridging B (Class WB)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

 

First instalment

Item

Component

Amount

1

Base application charge

$140

2

Additional applicant charge for an applicant who is at least 18

Nil

3

Additional applicant charge for an applicant who is less than 18

Nil

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  the second instalment (payable before grant of visa) is nil.

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  Applicant must be in Australia but not in immigration clearance.

                   (ba)  Applicant must be a person who is immigration cleared.

                   (bb)  Applicant must not be:

                              (i)  the holder of a Subclass 785 (Temporary Protection) visa, including a Subclass 785 (Temporary Protection) visa granted before 2 December 2013; or

                             (ii)  a person whose last substantive visa was a Subclass 785 (Temporary Protection) visa, including a Subclass 785 (Temporary Protection) visa granted before 2 December 2013; or

                            (iii)  the holder of a Subclass 790 (Safe Haven Enterprise) visa; or

                            (iv)  a person whose last substantive visa was a Subclass 790 (Safe Haven Enterprise) visa.

                     (c)  Applicant is not in immigration detention or criminal detention.

                     (d)  Application by a person claiming to be a member of the family unit of a person who is an applicant for a Bridging B (Class WB) visa may be made at the same time and place as, and combined with, the application by that person.

             (4)  Subclasses:

                    020  (Bridging B)

1303   Bridging C (Class WC)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

 

First instalment

Item

Component

Amount

1

Base application charge

Nil

2

Additional applicant charge for an applicant who is at least 18

Nil

3

Additional applicant charge for an applicant who is less than 18

Nil

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  the second instalment (payable before grant of visa) is nil.

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  Applicant must be in Australia but not in immigration clearance.

                     (c)  Either:

                              (i)  the applicant has made a valid application for a substantive visa that has not been finally determined; or

                             (ii)  both of the following apply:

                                        (A)  application has been made, within statutory time limits, for judicial review of a decision in relation to the applicant's substantive visa application, and the judicial proceedings (including proceedings on appeal, if any) have not been completed;

                                        (B)  the applicant held a Bridging C (Class WC) visa granted on the basis of the applicant's substantive visa application.

                    (ca)  Applicant must be:

                              (i)  a person who is immigration cleared; or

                             (ii)  an eligible non-citizen referred to in subregulation 2.20(6).

                     (d)  Applicant:

                              (i)  was not the holder of a substantive visa when he or she made the substantive visa application referred to in paragraph (c); and

                             (ii)  does not hold a Bridging E (Class WE) visa; and

                            (iii)  has not held a Bridging E (Class WE) visa since he or she last held a substantive visa.

                     (e)  Applicant is not in immigration detention or in criminal detention and has not escaped from either immigration detention or criminal detention.

                      (f)  Application by a person claiming to be a member of the family unit of a person who is an applicant for a Bridging C (Class WC) visa may be made at the same time and place as, and combined with, the application by that person.

             (4)  Subclasses:

                    030  (Bridging C)

Note:          Regulation 2.07A sets out the circumstances in which an application for a substantive visa made on a form mentioned in this item is not a valid application for a Bridging A (Class WA), Bridging C (Class WC) or Bridging E (Class WE) visa.

1304   Bridging D (Class WD)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

 

First instalment

Item

Component

Amount

1

Base application charge

Nil

2

Additional applicant charge for an applicant who is at least 18

Nil

3

Additional applicant charge for an applicant who is less than 18

Nil

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  the second instalment (payable before grant of visa) is nil.

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  Applicant must be in Australia but not in immigration clearance.

                   (ba)  Applicant must be:

                              (i)  a person who is immigration cleared; or

                             (ii)  an eligible non-citizen referred to in subregulation 2.20(6).

                     (c)  Applicant is not in immigration detention or criminal detention.

                     (d)  Application by a person claiming to be a member of the family unit of a person who is an applicant for a Bridging D (Class WD) visa may be made at the same time and place as, and combined with, the application by that person.

             (4)  Subclasses:

                    040  (Bridging (Prospective Applicant))

                    041  (Bridging (Non-applicant))

1305   Bridging E (Class WE)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

 

First instalment

Item

Component

Amount

1

Base application charge

Nil

2

Additional applicant charge for an applicant who is at least 18

Nil

3

Additional applicant charge for an applicant who is less than 18

Nil

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  the second instalment (payable before grant of visa) is nil.

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  Applicant must be in Australia but not in immigration clearance.

                   (ba)  Applicant must be an eligible non-citizen within the meaning of section 72 of the Act.

                     (c)  If applicant is in immigration detention, an officer appointed under subregulation 2.10A(2) as a detention review officer for the State or Territory in which the applicant is detained has been informed of the application.

                     (d)  Application by a person claiming to be a member of the family unit of a person who is an applicant for a Bridging E (Class WE) visa may be made at the same time and place as, and combined with, the application by that person.

                     (e)  If the applicant has applied at the same time and on the same form for a substantive visa, the application for the substantive visa is valid.

                      (f)  The applicant has not previously held a Bridging E (Class WE) visa that has been cancelled by reason of a failure to comply with condition 8564 or 8566.

                     (g)  The applicant has not previously held a visa that has been cancelled on a ground specified in paragraph 2.43(1)(p) or (q).

             (4)  Subclasses:

                    050  (Bridging (General))

                    051  (Bridging (Protection Visa Applicant))

Note:          Regulation 2.07A sets out the circumstances in which an application for a substantive visa made on a form mentioned in this item is not a valid application for a Bridging A (Class WA), Bridging C (Class WC) or Bridging E (Class WE) visa.

1306   Bridging F (Class WF)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

 

First instalment

Item

Component

Amount

1

Base application charge

Nil

2

Additional applicant charge for an applicant who is at least 18

Nil

3

Additional applicant charge for an applicant who is less than 18

Nil

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  the second instalment (payable before grant of visa) is nil.

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  Applicant must be in Australia but not in immigration clearance.

                     (c)  One of the following subparagraphs applies in relation to the applicant:

                            (ia)  an assistance notice has been given to the Minister in relation to the applicant, and the notice has not been revoked;

                              (i)  the applicant does not hold a visa and has not held a Bridging F (Class WF) visa since he or she last entered Australia;

                             (ii)  the applicant:

                                        (A)  does not hold a visa; and

                                        (B)  has held one Bridging F (Class WF) visa since last entering Australia; and

                                        (C)  has not held another visa since holding that visa;

                            (iii)  the applicant holds a Bridging F (Class WF) visa, which is the first Bridging F (Class WF) visa held since he or she last entered Australia.

                     (d)  Either:

                              (i)  an officer of the Australian Federal Police, or of a police force of a State or Territory, has told Immigration, in writing, that the applicant has been identified as a suspected victim of human trafficking, slavery or slavery-like practices; or

                             (ii)  the applicant is a member of the immediate family of a person who an officer of the Australian Federal Police, or of a police force of a State or Territory, has told Immigration, in writing, has been identified as a suspected victim of human trafficking, slavery or slavery-like practices.

Note:       Member of the immediate family is defined in regulation 1.12AA.

                     (e)  An officer of the Australian Federal Police, or of a police force of a State or Territory, has told Immigration, in writing, that suitable arrangements have been made for the care, safety and welfare of the applicant for the proposed period of the visa.

                      (f)  If the applicant is in immigration detention, the authorised officer to whom notice was given under subregulation 2.10B(2) has been informed of the lodgement of the application.

                     (g)  Application by a person claiming to be a member of the immediate family of a person who is an applicant for a Bridging F (Class WF) visa may be made at the same time and place as, and combined with, the application by that person.

             (4)  Subclasses:

                    060  (Bridging F)

Note:          As an alternative to item 1306, an application for a Bridging F (Class WF) visa will be taken to have been validly made by a non-citizen if the application is made in accordance with subregulation 2.20B(2).

1307   Bridging R (Class WR)

             (1)  Application must be taken to have been made in accordance with subregulation 2.20A(2).

             (2)  Visa application charge:

                     (a)  the first instalment (payable at the time the application is made) is nil; and

                     (b)  the second instalment (payable before grant of visa) is nil.

             (3)  Subclasses:

                    070  (Bridging (Removal Pending))

Part 4 -- Protection, Refugee and Humanitarian visas

1401   Protection (Class XA)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

 

First instalment

Item

Component

Amount

1

Base application charge

$35

2

Additional applicant charge for an applicant who is at least 18

Nil

3

Additional applicant charge for an applicant who is less than 18

Nil

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  the second instalment (payable before grant of visa) is nil.

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  Applicant must be in Australia.

                     (c)  Application by a person claiming to be a member of the family unit of a person who is an applicant for a Protection (Class XA) visa may be made at the same time and place as, and combined with, the application by that person.

                     (d)  An application by a person for a Protection (Class XA) visa is valid only if the person:

                              (i)  does not hold, and has not ever held, a Subclass 785 (Temporary Protection) visa, including such a visa granted before 2 December 2013; and

                            (ia)  does not hold, and has not ever held, a Safe Haven Enterprise (Class XE) visa; and

                             (ii)  does not hold, and has not ever held, a Temporary Safe Haven (Class UJ) visa; and

                            (iii)  does not hold, and has not ever held, a Temporary (Humanitarian Concern) (Class UO) visa; and

                            (iv)  held a visa that was in effect on the person's last entry into Australia; and

                             (v)  is not an unauthorised maritime arrival; and

                            (vi)  was immigration cleared on the person's last entry into Australia.

          (3A)  If an application for a Protection (Class XA) visa made by a person would (apart from this subitem) be invalid only because subparagraph (3)(d)(iv) is not satisfied, the application is taken to be valid if:

                     (a)  the person was born in the migration zone; and

                     (b)  a parent of the person was an unlawful non-citizen at the time of the person's birth; and

                     (c)  the parent was a lawful non-citizen at the last time before the person's birth when the parent entered the migration zone.

             (4)  Subclasses:

                    866  (Protection)

1402   Refugee and Humanitarian (Class XB)

Note:          Subregulation 2.07AM(3) sets out requirements for the making of applications by persons who are mentioned in subregulation 2.07AM(5).

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

                              (i)  for an applicant whose application includes a proposal by an approved proposing organisation described in Part 200, 201, 202, 203 or 204 of Schedule 2:

 

First instalment

Item

Component

Amount

1

Base application charge

$3 080

2

Additional applicant charge for an applicant who is at least 18

Nil

3

Additional applicant charge for an applicant who is less than 18

Nil

                             (ii)  for any other applicant:

 

First instalment

Item

Component

Amount

1

Base application charge

Nil

2

Additional applicant charge for an applicant who is at least 18

Nil

3

Additional applicant charge for an applicant who is less than 18

Nil

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  second instalment (payable before grant of visa):

 

Second instalment

Item

Applicant

Amount

1

Applicant:

(a) whose application includes a proposal by an approved proposing organisation described in Part 200, 201, 202, 203 or 204 of Schedule 2; and

(b) who satisfies the primary criteria for the grant of the visa

$18 910

2

Applicant:

(a) whose application includes a proposal by an approved proposing organisation described in Part 200, 201, 202, 203 or 204 of Schedule 2; and

(b) who satisfies the secondary criteria for the grant of the visa

$3 080

3

Any other applicant

Nil

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  Applicant must be outside Australia.

                   (ba)  Applicant must not be a person mentioned in subregulation 2.07AM(5).

                     (c)  Application by a person claiming to be a member of the family unit of a person who is an applicant for a Refugee and Humanitarian (Class XB) visa may be made at the same time and place as, and combined with, the application by that person.

          (3A)  In addition to subitem (3), for an application that includes a proposal by an approved proposing organisation described in Part 200, 201, 202, 203 or 204 of Schedule 2:

                     (a)  the applicant may be a person who made a valid application for a visa, in accordance with form 842, before 1 June 2013 (whether or not the application was accompanied by form 681); and

                     (b)  the application must include form 1417, completed by the approved proposing organisation; and

                     (c)  an application that includes a proposal by an approved proposing organisation must not include form 681.

Note 1:       This subitem commenced on 1 June 2013 as part of the Department's Community Proposal Pilot program. Applicants who made a valid application for a Refugee and Humanitarian (Class XB) visa, using form 842, before 1 June 2013 may make a new application for a Refugee and Humanitarian (Class XB) visa as part of that program, but are not required to do so.

Note 2        Applicants wishing to make a new application for a Refugee and Humanitarian (Class XB) visa as part of the Community Proposal Pilot program must not include form 681 as part of that application.

             (4)  Subclasses:

                    200  (Refugee)

                    201  (In-country Special Humanitarian)

                    202  (Global Special Humanitarian)

                    203  (Emergency Rescue)

                    204  (Woman at Risk)

1403   Temporary Protection (Class XD)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

                              (i)  for an applicant who is in immigration detention and has not been immigration cleared:

 

First instalment

Item

Component

Amount

1

Base application charge

Nil

2

Additional applicant charge for an applicant who is at least 18

Nil

3

Additional applicant charge for an applicant who is less than 18

Nil

 

                             (ii)  for any other applicant:

 

First instalment

Item

Component

Amount

1

Base application charge

$35

2

Additional applicant charge for an applicant who is at least 18

Nil

3

Additional applicant charge for an applicant who is less than 18

Nil

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  the second instalment (payable before grant of visa) is nil.

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  Applicant must be in Australia.

                     (c)  Application by a person claiming to be a member of the family unit of a person who is an applicant for a Temporary Protection (Class XD) visa may be made at the same time and place as, and combined with, the application by that person.

                     (d)  An application by a person for a Temporary Protection (Class XD) visa is valid only if the person is unable to make a valid application for a Protection (Class XA) visa and:

                              (i)  holds, or has ever held, a Temporary Protection (Class XD) visa or a Subclass 785 (Temporary Protection) visa, including such a visa granted before 2 December 2013; or

                            (ia)  holds, or has ever held, a Safe Haven Enterprise (Class XE) visa; or

                             (ii)  holds, or has ever held, a Temporary Safe Haven (Class UJ) visa; or

                            (iii)  holds, or has ever held, a Temporary (Humanitarian Concern) (Class UO) visa; or

                            (iv)  did not hold a visa that was in effect on the person's last entry into Australia; or

                             (v)  is an unauthorised maritime arrival; or

                            (vi)  was not immigration cleared on the person's last entry into Australia.

                     (e)  Either:

                              (i)  the applicant has not made a valid application for a Safe Haven Enterprise (Class XE) visa (a SHEV ); or

                             (ii)  the applicant has made a valid application for a SHEV and the SHEV application has been refused (whether or not it has been finally determined) or withdrawn; or

                            (iii)  a SHEV has been granted to the applicant.

Note:       A person to whom subparagraph (ii) applies, whose SHEV application has been refused, is prevented by section 48A of the Act from making the Temporary Protection visa application unless the Minister has made a determination in relation to the person under section 48B of the Act.

                      (f)  The application for the visa was not made at the same time as an application for a SHEV.

             (4)  Subclasses:

                    785  (Temporary Protection)

1404   Safe Haven Enterprise (Class XE)

             (1)  Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

             (2)  Visa application charge:

                     (a)  first instalment (payable at the time the application is made):

                              (i)  for an applicant who is in immigration detention and has not been immigration cleared:

 

First instalment

Item

Component

Amount

1

Base application charge

Nil

2

Additional applicant charge for an applicant who is at least 18

Nil

3

Additional applicant charge for an applicant who is less than 18

Nil

 

                             (ii)  for any other applicant:

 

First instalment

Item

Component

Amount

1

Base application charge

$35

2

Additional applicant charge for an applicant who is at least 18

Nil

3

Additional applicant charge for an applicant who is less than 18

Nil

Note:       Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-internet application charge. Not all of the components may apply to a particular application.

                Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.

                     (b)  the second instalment (payable before grant of visa) is nil.

             (3)  Other:

                     (a)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

                     (b)  Applicant must be in Australia.

                     (c)  Application by a person claiming to be a member of the family unit of a person who is an applicant for a Safe Haven Enterprise (Class XE) visa may be made at the same time and place as, and combined with, the application by that person.

                     (d)  An application by a person for a Safe Haven Enterprise (Class XE) visa is valid only if the person is unable to make a valid application for a Protection (Class XA) visa and:

                              (i)  holds, or has ever held, a Temporary Protection (Class XD) visa or a Subclass 785 (Temporary Protection) visa, including such a visa granted before 2 December 2013; or

                             (ii)  holds, or has ever held, a Safe Haven Enterprise (Class XE) visa; or

                            (iii)  holds, or has ever held, a Temporary Safe Haven (Class UJ) visa; or

                            (iv)  holds, or has ever held, a Temporary (Humanitarian Concern) (Class UO) visa; or

                             (v)  did not hold a visa that was in effect on the person's last entry into Australia; or

                            (vi)  is an unauthorised maritime arrival; or

                           (vii)  was not immigration cleared on the person's last entry into Australia.

                     (e)  The application includes an indication, in writing, that the applicant, or a member of the same family unit as the applicant who is also an applicant for a Safe Haven Enterprise (Class XE) visa, intends to work or study while accessing minimum social security benefits in a regional area specified under subclause (4).

                      (f)  Either:

                              (i)  the applicant has not made a valid application for a Temporary Protection (Class XD) visa (a TPV ); or

                             (ii)  the applicant has made a valid application for a TPV, and the TPV application has been refused (whether or not it has been finally determined) or withdrawn; or

                            (iii)  a TPV has been granted to the applicant; or

                            (iv)  the application for the Safe Haven Enterprise (Class XE) visa is made at the same time as an application for a TPV.

Note 1:       A person to whom subparagraph (ii) applies, whose TPV application has been refused, is prevented by section 48A of the Act from making the Safe Haven Enterprise visa application unless the Minister has made a determination in relation to the person under section 48B of the Act.

Note 2:       If subparagraph (iv) applies, the TPV application will be invalid: see paragraph 1403(3)(f).

             (4)  The Minister may, by legislative instrument, specify a regional area for the purposes of these regulations.

Note:          See also regulation 2.06AAB (visa applications by holders and certain former holders of safe haven enterprise visas).

             (5)  Subclasses:

                    790  (Safe Haven Enterprise)


 



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