Commonwealth legislation

Migration (Class of persons for Temporary Skill Shortage (Class GK) visa nil VAC Instrument (LIN 21/006) 2021

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

2/10 complexity

This instrument sets the visa application charge to zero for certain skilled workers who lost their Subclass 457 or 482 visas during the COVID period and for their spouses/children on combined applications. Applicants must be outside Australia, have had their previous visa cease between 1 Feb 2020 and 31 Dec 2021, and lodge the new application between 27 Feb 2021 and 31 Dec 2022. It removes the usual fee barrier to returning to Australia.

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Current sections

Direct links to the current provisions in Migration (Class of persons for Temporary Skill Shortage (Class GK) visa nil VAC Instrument (LIN 21/006) 2021.

Migration (Class of persons for Temporary Skill Shortage (Class GK) visa nil VAC Instrument (LIN 21/006) 2021

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LIN 21/006

Migration (Class of persons for Temporary Skill Shortage (Class GK) visa nil VAC Instrument (LIN 21/006) 2021

I, Alex Hawke, Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, make this instrument under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations).

Dated February 25 2021

Alex Hawke

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

1 Name

This instrument is the Migration (Class of persons for Temporary Skill Shortage (Class GK) visa nil VAC Instrument (LIN 21/006) 2021.

2 Commencement

This instrument commences on 27 February 2021.

3 Definitions

In this instrument:

VAC means visa application charge.

Note Visa application charge is defined in the Migration Act 1958.

4 Class of persons for nil VAC

(1)For subparagraph 1240(2)(a)(iii) of Schedule 1 to the Regulations, a primary applicant for a Temporary Skill Shortage (Class GK) visa is specified if:

(a) the applicant is outside Australia at the time of the application; and

(b) the application is made between 27 February 2021 and 31 December 2022; and

(c) the applicant previously held a Subclass 457 (Temporary Work (Skilled)) visa or a Subclass 482 (Temporary Skill Shortage) visa; and

(d) between 1 February 2020 and 31 December 2021 that visa ceased to be in effect.

(2)Also, an applicant for a Temporary Skill Shortage (Class GK) visa is specified if the applicant’s application is combined with an application made by a person mentioned in subsection (1).

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Migration (Class of persons for Temporary Skill Shortage (Class GK) visa nil VAC Instrument (LIN 21/006) 2021

LIN 21/006

Migration (Class of persons for Temporary Skill Shortage (Class GK) visa nil VAC Instrument (LIN 21/006) 2021

I, Alex Hawke, Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, make this instrument under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations).

Dated February 25 2021

Alex Hawke

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

1 Name

This instrument is the Migration (Class of persons for Temporary Skill Shortage (Class GK) visa nil VAC Instrument (LIN 21/006) 2021.

2 Commencement

This instrument commences on 27 February 2021.

3 Definitions

In this instrument:

VAC means visa application charge.

Note Visa application charge is defined in the Migration Act 1958.

4 Class of persons for nil VAC

(1)For subparagraph 1240(2)(a)(iii) of Schedule 1 to the Regulations, a primary applicant for a Temporary Skill Shortage (Class GK) visa is specified if:

(a) the applicant is outside Australia at the time of the application; and

(b) the application is made between 27 February 2021 and 31 December 2022; and

(c) the applicant previously held a Subclass 457 (Temporary Work (Skilled)) visa or a Subclass 482 (Temporary Skill Shortage) visa; and

(d) between 1 February 2020 and 31 December 2021 that visa ceased to be in effect.

(2)Also, an applicant for a Temporary Skill Shortage (Class GK) visa is specified if the applicant’s application is combined with an application made by a person mentioned in subsection (1).