{"id":"F2019L01449","name":"Migration (LIN 19/211: Arrangements for Skilled Employer Sponsored Regional (Provisional) Visa Applications) Instrument 2019","slug":"migration-lin-19-211-arrangements-for-skilled-employer-sponsored-regional-provisional-visa-applicati","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":100283,"registerId":"commonwealth-F2019L01449-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n(1) This instrument is the Migration (LIN 19/211: Arrangements for Skilled Employer Sponsored Regional (Provisional) Visa Applications) Instrument 2019.\n\n(2) This instrument may be cited as LIN 19/211.","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\nThis instrument is made under subregulation 2.07(5) of the Migration Regulations 1994.","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\nNote 1: A number of expressions used in this instrument are defined in the Act, including unlawful non‑citizen.\n\nNote 2: A number of expressions used in this instrument are defined in the Regulations, including the following:\n\n(a) ANZSCO;\n\n(b) approved form;\n\n(c) Internet application;\n\n(d) the Act.\n\nIn this instrument:\n\nacademic applicant, in relation to an application for a Skilled Employer Sponsored Regional (Provisional) (Class PE) visa, means a person in relation to whom all of the following paragraphs apply:\n\n(a) the nomination to which the visa application relates was made by an Australian university;\n\n(b) the nominated position to which the visa application relates is for an academic classified as Level A, B, C, D or E;\n\n(c) the nominated occupation to which the visa application relates, and its corresponding 6‑digit code, correspond to an occupation and its corresponding 6‑digit ANZSCO code specified in an item of the following table.\n\n```html\n

Exempt occupations

Item

Column 1

Occupation

Column 2

6‑digit ANZSCO code

1

faculty head

134411

2

university lecturer

242111

\n```\n\ndepartmental email means an email sent from [e494.manual.lodgement@homeaffairs.gov.au](mailto:e494.manual.lodgement@homeaffairs.gov.au)\n\nnominated occupation, in relation to an application for a Skilled Employer Sponsored Regional (Provisional) (Class PE) visa, means the occupation nominated by the nomination to which the visa application relates.\n\nnominated position, in relation to an application for a Skilled Employer Sponsored Regional (Provisional) (Class PE) visa, means the position that relates to the nominated occupation that relates to the visa application.\n\nnomination, in relation to an application for a Skilled Employer Sponsored Regional (Provisional) (Class PE) visa, means the nomination under paragraph 140GB(1)(b) of the Act identified in the visa application.\n\nRegulations means the Migration Regulations 1994.\n\nSubclass 444/461 worker, in relation to an application for a Skilled Employer Sponsored Regional (Provisional) (Class PE) visa, means a person in relation to whom both of the following paragraphs apply:\n\n(a) during the 3 years ending immediately before the day the visa application was made, the person spent at least 2 years (whether made up of a continuous period or 2 or more non‑consecutive periods) working:\n\n(i) for the employer who made the nomination to which the visa application relates; and\n\n(ii) in the nominated occupation to which the visa application relates;\n\n(b) at almost all times during those 3 years, the person held:\n\n(i) a Subclass 444 (Special Category) visa; or\n\n(ii) a Subclass 461 (New Zealand Citizen Family Relationship (Temporary)) visa.\n\nworking: a person is not working for an employer at a time if the person is on unpaid leave at that time.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Form and manner of making visa applications","content":"#### 5 Form and manner of making visa applications\n\n(1) This section:\n\n(a) is made for the purposes of item 1242 of Schedule 1 to the Regulations; and\n\n(b) applies to an application for a Skilled Employer Sponsored Regional (Provisional) (Class PE) visa.\n\n(2) Subject to subsection (6):\n\n(a) the approved form for making the visa application is approved form 494V (Internet); and\n\n(b) the visa application must be made as an Internet application.\n\nDifferent way of making visa applications\n\n(3) The visa application may be made other than as an Internet application if:\n\n(a) a departmental email, sent in the circumstances mentioned in subsection (4), authorises the applicant to make the visa application other than as an Internet application; and\n\n(b) electronic lodgement of the visa application is not prevented by the Act or the Regulations.\n\n(4) For the purposes of paragraph (3)(a), the circumstances are the following:\n\n(a) a person in the Department has identified a problem with the Department’s Internet application systems;\n\n(b) because of that problem, the applicant is unable to make an Internet application;\n\n(c) either the problem cannot be rectified, or both of the following subparagraphs apply:\n\n(i) it is more likely than not that the problem will not be rectified by the end of the day on which the departmental email is sent;\n\n(ii) the applicant will become an unlawful non‑citizen on, or before, the next business day after the departmental email is sent;\n\n(d) the departmental email includes:\n\n(i) approved form 494V; and\n\n(ii) the name and position number of the person who sent the departmental email.\n\n(6) If the visa application is made other than as an Internet application:\n\n(a) the approved form for making the application is approved form 494V; and\n\n(b) the visa application, in the form mentioned in paragraph (a), must be emailed:\n\n(i) to the address from which the departmental email was sent; and\n\n(ii) by the end of the day (by legal time in the Australian Capital Territory) on which the departmental email is sent; and\n\n(c) that email must also include:\n\n(i) a copy of the departmental email; and\n\n(ii) the name and position number of the person who sent the departmental email.\n\nNote: For approved forms, see regulation 1.03 of the Regulations. The visa application must be made in approved form 494V as approved when the visa application is made. The visa application must not be made in a previous version of approved form 494V. The current approved form 494V must have been included in the departmental email.","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Circumstances in which skills declaration is not required","content":"#### 6 Circumstances in which skills declaration is not required\n\nFor the purposes of subitem 1242(6) of Schedule 1 to the Regulations, subitem 1242(5) does not apply in relation to an application for a Skilled Employer Sponsored Regional (Provisional) (Class PE) visa in either of the following circumstances:\n\n(a) the applicant is an academic applicant;\n\n(b) the applicant is a Subclass 444/461 worker.\n\n \n\n> Note: Endnotes\n\n> Note: Endnote 1—About the endnotes\n\nThe endnotes provide information about this compilation and the compiled law.\n\nThe following endnotes are included in every compilation:\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\nAbbreviation key—Endnote 2\n\nThe abbreviation key sets out abbreviations that may be used in the endnotes.\n\nLegislation history and amendment history—Endnotes 3 and 4\n\nAmending laws are annotated in the legislation history and amendment history.\n\nThe legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.\n\nThe amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.\n\nMisdescribed amendments\n\nA misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.\n\nIf a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.\n\n> Note: Endnote 2—Abbreviation key\n\n| | o = order(s) |\n| ---------------------------------------------- | ----------------------------------- |\n| ad = added or inserted | Ord = Ordinance |\n| am = amended | orig = original |\n| amdt = amendment | par = paragraph(s)/subparagraph(s) |\n| c = clause(s) | /sub‑subparagraph(s) |\n| C[x] = Compilation No. x | pres = present |\n| Ch = Chapter(s) | prev = previous |\n| def = definition(s) | (prev…) = previously |\n| Dict = Dictionary | Pt = Part(s) |\n| disallowed = disallowed by Parliament | r = regulation(s)/rule(s) |\n| Div = Division(s) | |\n| exp = expires/expired or ceases/ceased to have | reloc = relocated |\n| effect | renum = renumbered |\n| F = Federal Register of Legislation | rep = repealed |\n| gaz = gazette | rs = repealed and substituted |\n| LA = Legislation Act 2003 | s = section(s)/subsection(s) |\n| LIA = Legislative Instruments Act 2003 | Sch = Schedule(s) |\n| (md) = misdescribed amendment can be given | Sdiv = Subdivision(s) |\n| effect | SLI = Select Legislative Instrument |\n| (md not incorp) = misdescribed amendment | SR = Statutory Rules |\n| cannot be given effect | Sub‑Ch = Sub‑Chapter(s) |\n| mod = modified/modification | SubPt = Subpart(s) |\n| No. = Number(s) | underlining = whole or part not |\n| | commenced or to be commenced |\n\n> Note: Endnote 3—Legislation history\n\n| Name | Registration | Commencement | Application, saving and transitional provisions |\n| ---------------------------------------------------------------------------------------------------------------------------- | ------------------------- | ---------------------- | ----------------------------------------------- |\n| Migration (LIN 19/211: Arrangements for Skilled Employer Sponsored Regional (Provisional) Visa Applications) Instrument 2019 | 13 Nov 2019 (F2019L01449) | 16 November 2019 (s 2) | |\n| Migration (LIN 20/101: Arrangements for certain visa applications) Amendment Instrument 2020 | 12 Mar 2020 (F2020L00245) | 14 March 2020 (s 2) | — |\n\n> Note: Endnote 4—Amendment history\n\n| Provision affected | How affected |\n| ------------------ | -------------- |\n| s 2 | rep LA 48D |\n| s 4 | am F2020L00245 |\n| s 5 | am F2020L00245 |","sortOrder":4}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument modifies how item 1242 applications must be made by: mandating online lodgement using approved form 494V while creating a narrow, officer‑authorised alternative electronic lodgement route when the Department’s system fails (s5); and narrowing the skill‑declaration obligation by exempting defined \"academic applicants\" and qualifying Subclass 444/461 workers from the requirement (s6). These are procedural and exemptional changes to the application framework under item 1242."},"complexity_factors":["Cross‑references to the Act and Migration Regulations 1994 create dependence on external definitions (see Authority and Definitions)","Detailed technical definitions that limit the academic exemption (requires university nomination, academic levels A–E and specific 6‑digit ANZSCO codes) (s4)","Conditional, time‑sensitive manual lodgement pathway with strict documentary and timing requirements (departmental email, same‑day return by legal time in the ACT) (s5(3)–(6))","Operational discretion granted to Department officers to identify system problems and authorise alternative lodgement (s5(3)–(4))","Interplay with visa/status timing (applicant becoming an unlawful non‑citizen) creates practical urgency and compliance risk (s5(4)(c))","Requirement that the current approved form version be the one included in the departmental email increases administrative precision and potential for technical non‑compliance (note to s5(6))"],"plain_english_summary":"Instrument LIN 19/211 sets the lodgement rules and a limited skills‑declaration exemption for Skilled Employer Sponsored Regional (Provisional) (Class PE) visa applications. Applicants must use approved Internet form 494V online unless a Departmental email (sent when the Department’s online system fails and the applicant risks becoming unlawful) authorises same‑day alternative electronic lodgement (s5). The instrument also removes the skills‑declaration requirement for defined \"academic applicants\" and for Subclass 444/461 workers who meet the work‑time test (s6)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument remains tightly focused on its original purpose: establishing application procedures for the subclass 494 visa. The 2020 amendment (LIN 20/101) was a minor technical amendment that did not expand the scope beyond administrative arrangements for this specific visa class."},"complexity_factors":["Short instrument with only 6 operative sections (excluding endnotes)","Limited cross-referencing: primarily references Migration Regulations 1994 and Migration Act 1958 at specific points","Straightforward conditional logic: simple 'if-then' structures for the manual lodgement exception (section 5)","Minimal defined terms: only 7 substantive definitions in section 4, plus references to external definitions","Single purpose instrument: deals only with application procedures for one visa subclass, not broad policy","Clear structure with descriptive headings and logical flow from definitions to application method to exemptions"],"plain_english_summary":"This instrument sets application rules for the Skilled Employer Sponsored Regional (Provisional) visa (subclass 494), requiring online lodgement via form 494V and providing a temporary paper/email fallback if the online system fails and an applicant risks becoming unlawful. \n\nIt also exempts university academic nominees and certain long-term New Zealand workers from submitting a skills declaration, affecting applicants, sponsors and Australian universities."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/migration-lin-19-211-arrangements-for-skilled-employer-sponsored-regional-provisional-visa-applicati","history":"/api/acts/migration-lin-19-211-arrangements-for-skilled-employer-sponsored-regional-provisional-visa-applicati/history","analysis":"/api/acts/migration-lin-19-211-arrangements-for-skilled-employer-sponsored-regional-provisional-visa-applicati/analysis","conflicts":"/api/acts/migration-lin-19-211-arrangements-for-skilled-employer-sponsored-regional-provisional-visa-applicati/conflicts","importantCases":"/api/acts/migration-lin-19-211-arrangements-for-skilled-employer-sponsored-regional-provisional-visa-applicati/important-cases","documents":"/api/acts/migration-lin-19-211-arrangements-for-skilled-employer-sponsored-regional-provisional-visa-applicati/documents"}}