This Select Instrument specifies the visas that permit the holder to participate in, or support, an offshore resources activity in relation to an area.
This Regulation amends the Principal Regulations to provide that:
- Subclass 400 (Temporary Work (Short Stay Activity)) visa and the Subclass 457 (Temporary Work (Skilled)) visas now permit the holder to participate in, or support, an offshore resources activity in relation to an area;
- holders of these visas who will be in an area to participate in or to support an offshore resources, are authorised to enter Australia in a way other than through a port or pre-cleared flight; and
- an Australian citizen or holder of a permanent visa, a Subclass 400 or a Subclass 457 visa, who has entered Australia in an area to participate in, or to support an offshore resources activity and whose entry has been reported in writing to Immigration will not need to comply with the requirement to be immigration cleared under section 166 of the Migration Act.
This Regulation commences 14 December 2015.
Ministerial Determination – IMMI 15/111 – F2015L01846 – Determination of Granting of Parent and Other Family Visas in the 2015/2016 Financial Year – Migration Act 1958 .
This Determination specifies the number of visas in the following classes that will be granted in the financial year from 1 July 2015 to 30 June 2016:
- Parent (Migrant (Class AX) and Aged Parent (Residence) (Class BP) = maximum 1550 visas
- Other Family (Migrant) (Class BO) and Other Family (Residence) (Class BU) = maximum 520 visas
New Zealand citizens are included in this specified maximum number of visas, unless otherwise included in the Migration Programme.
Subclass 417 Working Holiday Visas attract condition 8547 limiting work for any one employer to 6 months. Exemptions can be gained from this time limit for au pairs and in other limited exceptional circumstances.
Au pairs who can demonstrate they have worked for a family with young children for 6 months, can be approved for a further 6 months employment (total 12 months).
Other exceptional circumstances
- While the WHV holder is waiting for the decision on a visa that can be granted onshore for example Subclasses 457, 820, 402, 186 and 187
- While the WHV holder is receiving workers compensation as a result of a workplace injury
- While undertaking disaster recovery work following a declared major disaster
- In circumstances where the workplace has been affected by a major disaster and the VH was unable to attend work due to the disaster
Limitation on approval of sponsorships- Spouse, partner, prospective marriage and interdependency visas
MIGRATION REGULATIONS 1994 – REG 1.20J
Limitation on approval of sponsorships–spouse, partner, prospective marriage and interdependency visas
(1AA) This regulation applies in relation to an application for:
(b) a Partner (Provisional) (Class UF) visa; or
(c) a Prospective Marriage (Temporary) (Class TO) visa; or
(e) an Extended Eligibility (Temporary) (Class TK) visa; or
(f) a Partner (Temporary) (Class UK) visa.
(1) Subject to subregulations (2) and (3), if a person applies for a visa mentioned in subregulation (1AA) as the spouse, de facto partner or prospective spouse of the sponsor, the Minister must not approve the sponsorship of the applicant unless the Minister is satisfied that:
(a) not more than 1 other person has been granted a relevant permission as:
(i) the spouse, de facto partner or prospective spouse of the sponsor on the basis of a sponsorship or nomination; or
(ii) a person who ceased a relationship of a kind mentioned in subparagraph (i) with the sponsor after the person, or another person mentioned in the prescribed criteria for the visa, had suffered family violence committed by the sponsor; and
(b) if another person has been granted a relevant permission in the circumstances referred to in paragraph (a)–not less than 5 years has passed since the date of making the application for that relevant permission; and
(c) if the sponsor was granted a relevant permission as the spouse, de facto partner or prospective spouse of another person on the basis of a sponsorship or nomination–not less than 5 years has passed since the date of making the application for that relevant permission.
(1A) In subregulation (1):
“relevant permission ” means:
(a) in relation to an application for a visa referred to in subregulation (1AA) made during the period from 1 November 1996 to 30 June 1997 (inclusive)–a visa; and
(b) in relation to an application for a visa referred to in subregulation (1AA) made on or after 1 July 1997–permission (other than a visa or entry permit) granted under the Act to remain indefinitely in Australia, a visa or an entry permit.
(2) Despite subregulation (1), the Minister may approve the sponsorship of an applicant for a visa if the Minister is satisfied that there are compelling circumstances affecting the sponsor.