This is a compilation of the Migration Regulations 1994 that shows the text of the law as amended and in force on 11 March 2026 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
1.04A Foreign Affairs recipients and Foreign Affairs students
1.04B Defence student
1.05 Balance of family test
1.05A Dependent
1.06 References to classes of visas
1.07 References to subclasses of visas
1.08 Compelling need to work
1.09 Criminal detention
1.09A De facto partner and de facto relationship
1.11 Main business
1.11A Ownership for the purposes of certain Parts of Schedule 2
1.11B ETA‑eligible passport
1.11C eVisitor eligible passport
1.12 Member of the family unit
1.12AA Member of the immediate family
1.13 Meaning of nominator
1.13A Meaning of adverse information
1.13B Meaning of associated with
1.14 Orphan relative
1.14A Parent and child
1.15 Remaining relative
1.15AA Carer
1.15A Spouse
1.15B Vocational English
1.15C Competent English
1.15D Proficient English
1.15EA Superior English
1.15F Australian study requirement
1.15FAA Specified Subclass 417 work
1.15FA Specified Subclass 462 work
1.15FB Work carried out for an excluded employer
1.15G Superyachts
1.15I Skilled occupation
1.15J Excluded maritime arrival
1.15K When a person has an outstanding public health debt
1.15L Adequate arrangements for health insurance
1.15M Designated regional areas
1.15N Concession periods
1.15P COVID‑19 affected visas
1.15Q Unwanted transfer of critical technology
1.15R Certifying entity and workplace exploitation matter
Division 1.3—Administration
1.16 Delegation
1.16AA Appointment of Medical Officer of the Commonwealth
1.17 Professional bodies that may nominate persons for appointment to the Independent Health Advice Panel
1.18 Approved forms
Division 1.4—Sponsorship not applicable to Division 3A of Part 2 of the Act
1.20 Sponsorship undertakings
Division 1.4B—Limitation on certain sponsorships under Division 1.4
1.20J Limitation on approval of sponsorships—spouse, partner, prospective marriage and interdependency visas
1.20K Limitation on sponsorships—remaining relative visas
1.20KA Limitation on approval of sponsorship—partner (provisional or temporary) or prospective marriage (temporary) visas
1.20KB Limitation on approval of sponsorship—child, partner and prospective marriage visas
1.20KC Limitation on approval of sponsorship—prospective marriage and partner visas
1.20KD Prospective marriage and partner visas—definition of significant criminal record
1.20L Limitation on approval of sponsorship—Subclass 600 (Visitor) visas
1.20LAA Limitation on sponsorships—parent, aged dependent relative, contributory parent, aged parent and contributory aged parent visas
Division 1.5—Special provisions relating to family violence
1.21 Interpretation
1.22 References to person having experienced or committed family violence
1.23 When is a person taken to have experienced or committed family violence?
1.24 Evidence
1.25 Statutory declaration by alleged victim etc
1.27 Documents not admissible in evidence
Division 1.6—Immigration Minister’s suspension certificate under Education Services for Overseas Students Act 2000
1.29 Score relevant to suspension of registered provider
1.30 Prescribed non‑citizen
Part 2—Visas
Division 2.1—Classes, criteria, conditions etc
2.01 Classes of visas
2.02 Subclasses
2.03 Criteria applicable to classes of visas
2.03A Criteria applicable to de facto partners
2.03AA Criteria applicable to character tests and security assessments
2.03B Protection visas—international instruments
2.04 Circumstances in which a visa may be granted
2.05 Conditions applicable to visas
2.05A Extension of certain visas held by Ukraine passport holders etc.
2.05B Extension of certain Subclass 600 visas held by Ukraine passport holders
2.06 Non‑citizens who do not require visas to travel to Australia
2.06AAA Entry to Australia—Maritime Crew (Temporary) (Class ZM) visas
2.06AAB Visa applications by holders and certain former holders of safe haven enterprise visas
2.06AAC Entry to Australia—persons entering to participate in, or support, offshore resources activities
Division 2.2—Applications
2.06A Definitions
2.07 Application for visa—general
2.07A Certain applications not valid bridging visa applications
2.07AA Applications for certain visitor visas
2.07AB Applications for Electronic Travel Authority visas
2.07AC Applications for Temporary Safe Haven and Temporary (Humanitarian Concern) visas
2.07AF Applications for Student (Temporary) (Class TU) visas
2.07AG Applications for certain substantive visas by persons for whom condition 8503 or 8534 has been waived under subregulation 2.05(4AA) or (5A)
2.07AH Applications for certain substantive visas by persons for whom condition 8534 has been waived under subregulation 2.05(6) before 18 March 2018
2.07AI Applications for certain substantive visas by persons holding Subclass 173 or 884 visas
2.07AK Applications for Referred Stay (Permanent) (Class DH) visas
2.07AL Applications for certain visas by contributory parent newborn children
2.07AM Applications for Refugee and Humanitarian (Class XB) visas
2.07AP Applications for Maritime Crew (Temporary) (Class ZM) visas
2.07AQ Applications for Resolution of Status (Class CD) visas
2.07AR Applications for Superyacht Crew (Temporary) (Class UW) visas
2.07AS Applications for Special Category (Temporary) (Class TY) visas
2.08 Application by newborn child
2.08AA Application by contributory parent newborn child
2.08A Addition of certain applicants to certain applications for permanent visas
2.08AAA Addition of certain applicants to certain applications for temporary protection visas and safe haven enterprise visas
2.08B Addition of certain dependent children to certain applications for temporary visas
2.08E Certain applicants taken to have applied for Partner (Migrant) (Class BC) visas and Partner (Provisional) (Class UF) visas
2.08F Certain applications for Protection (Class XA) visas taken to be applications for Temporary Protection (Class XD) visas
2.08G Certain applications for Subclass 785 (Temporary Protection) visas and Subclass 790 (Safe Haven Enterprise) visas taken to be applications for Resolution of Status (Class CD) visas
2.08H Validity of visa applications by current and former Bridging R (Class WR) visa holders
2.09 Oral applications for visas
2.10 Where application must be made
2.10AA Where application must be made for certain visas
2.10A Notice of lodgment of application—person in immigration detention (Bridging E (Class WE) visa)
2.10B Notice of lodgment of application—person in immigration detention (Bridging F (Class WF) visa)
2.10C Time of making Internet application
2.11 Special provisions for certain visa applications that are refused
2.11A Visa applications by unauthorised maritime arrivals
2.11B Visa applications by transitory persons
2.12 Certain non‑citizens whose applications refused in Australia (Act, s 48)
Division 2.2A—Visa application charge
2.12C Amount of visa application charge
2.12D Prescribed period for payment of unpaid amount of visa application charge (Act, subsection 64(2))
2.12F Refund of first instalment of visa application charge
2.12G When payment of second instalment of visa application charge not required
2.12H Refund of second instalment of visa application charge
2.12JA Payment of visa application charge for Internet application
2.12K Who is the person who pays an instalment of visa application charge
2.12L Legal personal representative
Division 2.2B—Priority consideration of certain visa applications on request
2.12M Priority consideration of certain visa applications on request
2.12N Fee for request for priority consideration of visa applications
2.12P Refund of fee for request for priority consideration of visa applications
Division 2.3—Communication between applicant and Minister
2.13 Communication with Minister
2.14 Where written communication must be sent
2.15 Response to invitation to give additional information or comments—prescribed periods
2.16 Notification of decision on visa application
Division 2.5—Bridging visas
2.20 Eligible non‑citizen (Act, s 72)
2.20A Applications for Bridging R (Class WR) visas
2.20B Applications for Bridging F (Class WF) visas
2.21 Most beneficial bridging visas (Act, s 68(4)(b)(ii))
2.21A Grant of Bridging A (Class WA) visas without application
2.21B Grant of Bridging A (Class WA), Bridging C (Class WC) and Bridging E (Class WE) visas without application
2.22 Invalid application for substantive visa
2.23 Further application for bridging visa (Act, s 74)
2.24 Eligible non‑citizen in immigration detention
2.24A Grant of Subclass 050 Bridging (General) visa without application and cessation of certain other bridging visas
2.25 Grant of Bridging E (Class WE) visas without application
2.25AA Grant of Bridging R (Class WR) visa without application
2.25AB Grant of Bridging R (Class WR) visas to certain non‑citizens without application
2.25AC Conditions not engaging offence relating to mandatory conditions
2.25AD Matters prescribed for the purposes of section 76E of the Act
2.25AE Period for which certain conditions are imposed on Subclass 070 (Bridging (Removal Pending)) visa
2.25AF Suspension of certain visa conditions
Division 2.5A—Special provisions relating to certain health criteria
2.25A Referral to Medical Officers of the Commonwealth
Division 2.6—Relevant assessing authorities and matters relating to the application of the points system
2.26AC Prescribed qualifications and number of points for Subclass 189, 190, 489 and 491 visas
2.26B Relevant assessing authorities
2.27C Skilled occupation in Australia
2.27D Study in Australia
2.28 Notice of putting application aside
Division 2.8—Special purpose visas
2.40 Persons having a prescribed status—special purpose visas (Act, s 33(2)(a))
2.40A Conditions applicable to special purpose visas
Division 2.9—Cancellation or refusal to grant visas
Subdivision 2.9.1—Cancellation under Subdivision C of Division 3 of Part 2 of the Act
2.41 Whether to cancel visa—incorrect information or bogus document (Act, s 109(1)(c))
Subdivision 2.9.2—Cancellation generally
2.43 Grounds for cancellation of visa (Act, s 116)
2.43A Minister must have regard to certain matters in considering cancellation of certain temporary visas for breach of visa condition
2.43B Circumstances in which the Minister is not to cancel certain temporary visa for breach of restricted work condition
2.44 Invitation to comment—response
2.46 Time to respond to notice of cancellation (Act, s 129(1)(c))
2.48 Revocation of cancellation (Act, s 131(2))
2.49A Additional personal powers for Minister to cancel visas—period to submit information, material and representations
2.50 Cancellation of business visas
2.50AA Cancellation of regional sponsored employment visas
Subdivision 2.9.3—Refusal or cancellation on character grounds
2.52 Refusal or cancellation of visa—representations in respect of revocation of decision by Minister (Act, s 501C and 501CA)
2.53 Submission of information or material (Act, s 501D)
Division 2.10—Documents relating to cancellation of visas
2.53A Purpose of Division 2.10
2.54 Definitions for Division 2.10
2.55 Giving of documents relating to proposed cancellation, cancellation or revocation of cancellation
Part 2A—Sponsorship applicable to Division 3A of Part 2 of the Act
Division 2.11—Introductory
2.56 Application
2.57 Interpretation
2.57A Meaning of earnings
Division 2.12—Classes of sponsor
2.58 Classes of sponsor
Division 2.13—Criteria for approval of work sponsor
2.59 Criteria for approval as a standard business sponsor
2.60 Criterion for approval as a temporary activities sponsor
2.60S Additional criteria for all classes of work sponsor—transfer, recovery and payment of costs
Division 2.13A—Criteria for approval of family sponsor
2.60T Purpose of Division
2.60U Criteria for approval as a parent sponsor
2.60V When an applicant meets the general sponsor requirements
2.60W When an applicant passes the income test
2.60X When an applicant meets the conduct requirements
2.60Y When a person meets the outstanding debt requirements
2.60Z When a person meets the partner requirements
Division 2.14—Application for approval as a sponsor
2.61 Application for approval as a work sponsor
2.61A Application for approval as family sponsor
2.62 Notice of decision
Division 2.15—Terms of approval of sponsorship
2.63 Temporary activities sponsor or temporary work sponsor
2.63A Standard business sponsor
2.64 Professional development sponsor
2.64A Special program sponsor
2.64B Parent sponsor
Division 2.16—Variation of terms of approval of sponsorship
2.65 Application of this Division
2.66 Process to apply for variation of terms of approval
2.67 Terms of approval that may be varied
2.68A Criteria for variation of terms of approval—temporary activities sponsor
2.68J Additional criteria for variation of terms of approval—transfer, recovery and payment of costs
2.68K Criteria for variation of terms of approval—parent sponsor
2.69 Notice of decision
Division 2.17—Nominations
2.70 Application
2.72 Criteria for approval of nomination—Subclass 457 (Temporary Work (Skilled)) visa and Subclass 482 (Skills in Demand) visa
2.72AA Labour market testing
2.72A Criteria for approval of nomination—Subclass 407 (Training) visa
2.72B Criteria for approval of nomination—alternative criteria for Subclass 407 (Training) visa
2.72C Criteria for approval of nomination—Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa
2.73 Process for nomination—Subclass 457 (Temporary Work (Skilled)) visa and Subclass 482 (Skills in Demand) visa
2.73AA Refund of nomination fee and nomination training contribution charge—Subclass 457 (Temporary Work (Skilled)) visa, Subclass 482 (Skills in Demand) visa and Subclass 482 (Temporary Skill Shortage) visa
2.73A Process for nomination—Subclass 407 (Training) visa
2.73B Process for nomination—Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa
2.73C Refund of nomination fee and nomination training contribution charge—Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa
2.74 Notice of decision
2.75 Period of approval of nomination—Subclass 457 (Temporary Work (Skilled)) visa, Subclass 482 (Skills in Demand) visa and Subclass 482 (Temporary Skill Shortage) visa
2.75A Period of approval of nomination—Subclass 407 (Training) visa
2.75B Period of approval of nomination—Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa
Division 2.18— Labour agreements
Subdivision 2.18.1—Labour agreements
2.75C Labour agreements
Subdivision 2.18.2—Work agreements
2.76 Requirements
2.76A Labour market testing and other work agreement requirements
Division 2.19—Sponsorship obligations
Subdivision 2.19.1—Sponsorship obligations of approved work sponsors etc.
2.77 Preliminary
2.78 Obligation to cooperate with inspectors
2.79 Obligation to ensure equivalent terms and conditions of employment—Subclass 457 (Temporary Work (Skilled)) visa, Subclass 482 (Skills in Demand) visa and Subclass 482 (Temporary Skill Shortage) visa
2.79A Obligation to ensure equivalent terms and conditions of employment—Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa
2.80 Obligation to pay travel costs to enable sponsored persons to leave Australia
2.80A Obligation to pay travel costs—domestic worker (executive)