{"id":"F2022L00170","name":"Migration (Arrangements for Special Category Visa applications) Instrument (LIN 22/020) 2022","slug":"migration-arrangements-for-special-category-visa-applications-instrument-lin-22-020-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102281,"registerId":"commonwealth-F2022L00170-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Migration (Arrangements for Special Category Visa applications) Instrument (LIN 22/020) 2022","content":"![logo for Department of Home Affairs](image.001.jpeg)\n\nLIN 22/020\n\nMigration (Arrangements for Special Category Visa applications) Instrument (LIN 22/020) 2022\n\nI, Alison Garrod, delegate of the Minister, make this instrument under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations).\n\nDated 21 February 2022\n\nAlison Garrod\n\nActing Senior Executive Service Band 1  \nImmigration Programs Division  \nDepartment of Home Affairs\n\n1 Name\n\nThis instrument is the Migration (Arrangements for Special Category Visa applications) Instrument (LIN 22/020) 2022.\n\n2 Commencement\n\nThis instrument commences on 27 February 2022.\n\n3 Repeal\n\nMigration (LIN 19/058: Arrangements for special category visa applications) Instrument 2019 (F2019L00339) is repealed.\n\n4 Making an application in immigration clearance\n\n(1)For subitem 1219(1) and paragraph 1219(3)(a) of Schedule 1 to the Regulations this section specifies requirements for making an application for a Special Category (Temporary) (Class TY) visa.\n\n(2)If an applicant is in Australia in immigration clearance, the application must be made by:\n\n(a) presenting Form 15 to a clearance officer; or\n\n(b) using an authorised system.\n\n> Note authorised system, clearance authority and clearance officer have the same meaning in this instrument as in the Migration Act 1958 and the Regulations.\n\n(3) Subsection (4) applies if an applicant:\n\n(a) is in Australia after having been immigration cleared; or\n\n(b) is in Australia but not in immigration clearance.\n\n(4)The application:\n\n(a) must be made by submitting Form 444 (Web) via the online portal at https://immi.homeaffairs.gov.au/help-support/departmental-forms/online-forms/special-category-visa; or\n\n(b) if an application cannot be made as specified in paragraph (a), it may be made by posting Form 15 with sufficient prepaid postage to:\n\nSpecial Category Visa Processing Unit\n\nDepartment of Home Affairs\n\nGPO Box 9984\n\nSYDNEY NSW 2001.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument repeals the earlier Migration (LIN 19/058: Arrangements for special category visa applications) Instrument 2019 (section 3) and replaces the procedural rules with the requirements set out here (section 4). From this text alone, the instrument changes the instrument in force (by repeal) and sets the current procedural routes (in-person/authorised system in immigration clearance; online Form 444 or postal Form 15 outside clearance). Whether substantive scope (eligibility, conditions or other regulatory intent beyond application channels) has changed cannot be determined from this instrument alone because the content of the repealed 2019 instrument is not provided."},"complexity_factors":["Clear binary rule based on applicant’s immigration clearance status (sections 4(2)–(4)): applicant must determine which branch applies.","Use of specific forms with different channels: Form 15 (in-person or postal) vs Form 444 (Web) via a named online portal (section 4(2) and 4(4)).","Delegated instrument made under a regulation (subregulation 2.07(5)) means implementation details rely on Departmental definitions and authorised systems (header and note after 4(2)).","Fallback postal procedure requires compliance with ‘sufficient prepaid postage’ and a specific postal address (section 4(4)(b)).","Repeal of an earlier instrument (section 3) creates an administrative change that may require applicants and practitioners to update procedures."],"plain_english_summary":"This instrument sets the procedural rules for applying for a Special Category (Temporary) (Class TY) visa in Australia, replacing the 2019 instrument and commencing 27 Feb 2022. It specifies application routes by immigration/clearance status: presenting Form 15 at clearance or via authorised systems, or using Form 444 (Web) through the online portal (with posting Form 15 as a fallback). It affects applicants, Department processing staff and migration agents by standardising and incentivising online lodgement."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument maintains the same narrow, procedural scope as its 2019 predecessor. It simply updates the administrative mechanics for SCV applications without expanding into new policy areas or substantive visa criteria."},"complexity_factors":["Very short: only 4 operative sections plus standard machinery provisions","Minimal defined terms: only references back to existing definitions in the Migration Act 1958 and Migration Regulations 1994","Simple conditional structure: binary split based on whether applicant is in immigration clearance or not","No nested exceptions or complex cross-referencing beyond standard references to the Regulations","Straightforward administrative procedure: essentially specifies forms and submission methods"],"plain_english_summary":"This is a short, technical instrument that sets out **how New Zealand citizens can apply for a Special Category Visa (SCV)** to live and work in Australia.\n\n**What it does:**\n- Replaces an older 2019 instrument with updated application procedures\n- Creates two pathways for applying, depending on where the person is:\n  - **At the airport/border (\"immigration clearance\")**: Show Form 15 to a border officer, or use an authorised electronic system\n  - **Already in Australia**: Apply online via Form 444 (Web) through the Department's website, or mail Form 15 to Sydney if online isn't possible\n\n**Who it affects:**\n- New Zealand citizens seeking to enter or remain in Australia on a Special Category Visa (the temporary visa that lets most Kiwis live and work here indefinitely)\n- Border officers and Department of Home Affairs staff processing these applications\n\n**Why it matters:**\nThis is essentially the \"how-to\" guide for one of Australia's most important visa categories. Hundreds of thousands of New Zealanders rely on this visa. The instrument ensures there's a clear, lawful process for applying—whether someone is walking through passport control at Sydney Airport or already living in Melbourne and needs to regularise their status."}},"importantCases":[],"_links":{"self":"/api/acts/migration-arrangements-for-special-category-visa-applications-instrument-lin-22-020-2022","history":"/api/acts/migration-arrangements-for-special-category-visa-applications-instrument-lin-22-020-2022/history","analysis":"/api/acts/migration-arrangements-for-special-category-visa-applications-instrument-lin-22-020-2022/analysis","conflicts":"/api/acts/migration-arrangements-for-special-category-visa-applications-instrument-lin-22-020-2022/conflicts","importantCases":"/api/acts/migration-arrangements-for-special-category-visa-applications-instrument-lin-22-020-2022/important-cases","documents":"/api/acts/migration-arrangements-for-special-category-visa-applications-instrument-lin-22-020-2022/documents"}}