Note: Paragraph 43(1A)(b) of the Act provides that if the holder of a maritime crew visa that is in effect travels to Australia, and a prescribed reason makes it necessary to enter Australia in a way other than at a proclaimed port, the visa is permission for the holder to enter Australia in that other way.
Division 2.2—Applications
2.06A Definitions
In this Division:
a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth outside Australia means a diplomatic office, consular office (other than a consular office headed by an honorary consul) or migration office maintained by or on behalf of the Commonwealth outside Australia.
review/court event occurs: see subregulation 2.08G(1A).
2.07 Application for visa—general
(1) For sections 45 and 46 of the Act (which deal with applications for visas), if an application is required for a particular class of visa:
(a) the relevant item of Schedule 1 sets out the approved form (if any) to be completed by an applicant; and
(b) regulation 2.12C and the relevant item of Schedule 1 set out:
(i) the visa application charge (if any) payable in relation to an application; and
(ii) the components that may be applicable to a particular application for the visa; and
(c) the relevant item of Schedule 1 sets out other matters relating to the application.
Note: An item of Schedule 1 may provide for matters to be specified by the Minister in a legislative instrument made under subregulation (5).
(3) An applicant must complete an approved form in accordance with any directions on it.
(4) An application for a visa that is made using an approved form is not a valid application if the applicant does not set out his or her residential address:
(a) in the form; or
(b) in a separate document that accompanies the application.
(5) If an item of Schedule 1 prescribes criteria or requirements by reference to a legislative instrument made under this subregulation, the Minister may, by legislative instrument, specify any of the following matters for the purposes of such a criterion or requirement:
(a) an approved form for making an application for a visa of a specified class;
(b) the way in which an application for a visa of a specified class must be made;
(c) the place at which an application for a visa of a specified class must be made;
(d) any other matter.
Note 1: For paragraph (b), examples of the way in which an application must be made include by the internet, orally, or by posting, faxing or emailing the application to a specified number or address.
Note 2: Regulation 2.10 sets out where an application for a visa must be made if no location for making the application is prescribed in relation to the visa in Schedule 1.
(6) The legislative instrument may specify different matters for:
(a) different kinds of visa (however described); and
(b) different classes of applicant.
2.07A Certain applications not valid bridging visa applications
An application for a substantive visa made on a form mentioned in subitem 1301(1), 1303(1) or 1305(1) of Schedule 1 is not a valid application for a Bridging A (Class WA), Bridging C (Class WC) or Bridging E (Class WE) visa in either of the following circumstances:
(a) the applicant was not in Australia when the application for the substantive visa was made;
(b) the substantive visa is a visa of a kind that can only be granted if the applicant is outside Australia.
Note: Other provisions relating to the making of applications for bridging visas are regulations 2.10A, 2.10B and 2.20A.
2.07AA Applications for certain visitor visas
(2) Despite anything in regulation 2.07, for sections 45 and 46 of the Act, an application for a Subclass 600 (Visitor) visa in the Business Visitor stream is taken to have been validly made if:
(a) the applicant is:
(i) the holder of a valid passport issued by a designated APEC economy; or
(ii) in the case of an applicant who is a permanent resident of Hong Kong—the holder of any valid passport; and
(b) the applicant:
(i) has applied to the Government of the designated APEC economy for an APEC Business Travel Card under arrangements in force between Australia and designated APEC economies; or
(ii) in the case of an applicant who is a permanent resident of Hong Kong—has applied to the Government of Hong Kong for an APEC Business Travel Card under arrangements in force between Australia and designated APEC economies; and
(c) that Government has provided that application or the information contained in that application to Immigration.
2.07AB Applications for Electronic Travel Authority visas
(1AA) For the purposes of subsection 46(2) of the Act:
(a) the Electronic Travel Authority (Class UD) visa class is prescribed; and
(b) an application for a visa of that class is taken to have been validly made in the circumstances set out in subregulation (1) or (2) of this regulation (despite anything in regulation 2.07 or 2.10).
Note 1: An application made in accordance with subregulation (1) or (2) does not need to be made:
(a) in the approved form mentioned in subitem 1208A(1) of Schedule 1; or
(b) in the manner or at the place mentioned in paragraph 1208A(3)(a) of Schedule 1.
Note 2: The visa application charge for an application for an Electronic Travel Authority (Class UD) visa is nil: see subitem 1208A(2) of Schedule 1.
(1) An application for an Electronic Travel Authority (Class UD) visa that is made by the applicant while outside Australia is taken to have been validly made if the applicant, when seeking the grant of the visa, whether:
(a) in person; or
(b) by telephone; or
(c) by written communication (including facsimile message or email); or
(d) by electronic transmission using a computer; or
(e) in any other manner approved in writing by the Minister;
provides details of an ETA‑eligible passport held by the applicant to:
(f) a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth outside Australia; or
(g) an office (whether in or outside Australia) of an agent who is approved in writing by the Minister as an agent with whom an application for an Electronic Travel Authority (Class UD) visa may be made.
(2) An application for an Electronic Travel Authority (Class UD) visa that is made by the applicant, in person, while in immigration clearance, is taken to have been validly made if:
(a) the applicant presents to an officer an ETA‑eligible passport held by the applicant; and
(c) after reasonable enquiries, the officer does not find that the applicant is the holder of a visa that is in effect; and
(d) the applicant asks an officer for an Electronic Travel Authority (Class UD) visa.
2.07AC Applications for Temporary Safe Haven and Temporary (Humanitarian Concern) visas
(1) For subsection 46(2) of the Act, each of the following classes of visa is a prescribed class of visa:
(a) the Temporary Safe Haven (Class UJ) visa class;
(b) the Temporary (Humanitarian Concern) (Class UO) visa class.
(2) An application for a visa of a class mentioned in subregulation (1) is taken to have been validly made by a person (the interviewee) if:
(a) the interviewee indicates to an authorised officer that he or she accepts the Australian Government’s offer of a temporary stay in Australia; and
(b) the authorised officer endorses, in writing, the interviewee’s acceptance of the offer.
(3) An application for a visa of a class mentioned in subregulation (1) is also taken to have been validly made by a person if an interviewee identifies the person as being a member of his or her family unit.
2.07AF Applications for Student (Temporary) (Class TU) visas
(1) This regulation applies in respect of an application for a Student (Temporary) (Class TU) visa.
(2) Despite anything in regulation 2.07, an application may be made on behalf of an applicant.
(3) An application by a person who seeks to satisfy the primary criteria (the primary applicant) must include:
(a) the name, date of birth and citizenship of each person who is a member of the family unit of the applicant at the time of the application; and
(b) the relationship between the person and the applicant.
(4) If a person becomes a member of the family unit of the primary applicant after the time of application and before the time of decision, the primary applicant must inform the Minister, in writing, of:
(a) the name, date of birth and citizenship of the person and
(b) the relationship between the person and the primary applicant.
(5) Subregulations (3) and (4) apply:
(a) whether or not the member of the family unit is an applicant for a Student (Temporary) (Class TU) visa; and
(b) if the member of the family unit is not an applicant for a Student (Temporary) (Class TU) visa—whether or not the member of the family unit intends to become an applicant for a Student (Temporary) (Class TU) visa.
Note: member of the family unit of an applicant for a Student (Temporary) (Class TU) visa is defined in subregulation 1.12(6).
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)
(1) For section 46 of the Act, an application for a substantive visa by a person for whom condition 8503 has been waived under subregulation 2.05(4AA) is a valid application only if the application is for:
(a) a General Skilled Migration visa; or
(c) a Subclass 186 (Employer Nomination Scheme) visa; or
(d) a Subclass 187 (Regional Sponsored Migration Scheme) visa; or
(e) a Subclass 188 (Business Innovation and Investment (Provisional)) visa; or
(ea) a Subclass 191 (Permanent Residence (Skilled Regional)) visa; or
(f) a Subclass 482 (Skills in Demand) visa; or
(g) a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa.
(2) For section 46 of the Act, an application for a substantive visa by a person for whom condition 8534 has been waived under subregulation 2.05(5A) is a valid application only if the application is for:
(a) a General Skilled Migration visa; or
(c) a Subclass 186 (Employer Nomination Scheme) visa; or
(d) a Subclass 187 (Regional Sponsored Migration Scheme) visa; or
(e) a Subclass 188 (Business Innovation and Investment (Provisional)) visa; or
(ea) a Subclass 191 (Permanent Residence (Skilled Regional)) visa; or
(f) a Subclass 482 (Skills in Demand) visa; or
(g) a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa.
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
For section 46 of the Act, if:
(a) condition 8534 has been waived under subregulation 2.05(6) (as in force before 18 March 2018) in relation to a visa held by a person; and
(b) the first application for a substantive visa that the person makes after the waiver of the condition is made in Australia;
the application is taken to have been validly made only if it is an application for a Subclass 457 (Temporary Work (Skilled)) visa or a Subclass 482 (Temporary Skill Shortage) visa.
2.07AI Applications for certain substantive visas by persons holding Subclass 173 or 884 visas
(1) For section 46 of the Act, an application for a substantive visa by a person in Australia who has, at any time since last entering Australia, held a Subclass 173 (Contributory Parent (Temporary)) visa is a valid application only if the application is for:
(a) a Contributory Parent (Migrant) (Class CA) visa; or
(b) a Medical Treatment (Visitor) (Class UB) visa; or
(c) a protection visa.
(2) For section 46 of the Act, an application for a substantive visa by a person in Australia who has, at any time since last entering Australia, held a Subclass 884 (Contributory Aged Parent (Temporary)) visa is a valid application only if the application is for:
(a) a Contributory Aged Parent (Residence) (Class DG) visa; or
(b) a Medical Treatment (Visitor) (Class UB) visa; or
(c) a protection visa.
2.07AK Applications for Referred Stay (Permanent) (Class DH) visas
(1) For subsection 46(2) of the Act, a Referred Stay (Permanent) (Class DH) visa is a prescribed class of visa.
Note: Section 46 of the Act sets out the circumstances in which an application for a visa is valid. Under subsection 46(2) of the Act, an application for a visa is valid if:
it is an application for a class of visa that is prescribed for that subsection; and
under the regulations, the application is taken to have been validly made.
(2) An application for a visa of a class mentioned in subregulation (1) is taken to have been validly made by a person (a referred stay applicant) only if the requirements of subregulation (3) or (5) are met.
(3) The requirements of this subregulation are met for a referred stay applicant if:
(a) the referred stay applicant is in Australia; and
(b) the Minister has, after taking into account information provided by a member of the Australian Federal Police of the substantive rank of Commander, or above, issued a certificate in relation to the referred stay applicant; and
(c) the Minister’s certificate is to the effect that the referred stay applicant made a contribution to, and cooperated closely with, an investigation in relation to another person who was alleged to have engaged in human trafficking, slavery or slavery‑like practices; and
(d) the Minister’s certificate is in force; and
(e) the referred stay applicant:
(i) is not a subject of the investigation mentioned in the Minister’s certificate; and
(ii) is not a subject of a prosecution that commenced directly as a result of that investigation; and
(f) the Minister is satisfied that the referred stay applicant would be in danger if he or she returned to his or her home country; and
(g) an offer of stay in Australia is made to the referred stay applicant by an authorised officer; and
(h) the referred stay applicant indicates in writing that he or she accepts the offer, not later than:
(i) 28 days after the referred stay applicant is taken to have received the offer; or
(ii) a later date determined by an authorised officer.
Note: See section 494C of the Act for when a person is taken to have received a document given by one of the methods specified in section 494B of the Act.
(4) A certificate mentioned in paragraph (3)(b) may be issued by a person authorised by the Minister for the purpose.
(5) The requirements of this subregulation are met for a referred stay applicant (the first applicant) if:
(a) another referred stay applicant (the second applicant) is taken to have validly made an application for a visa of a class mentioned in subregulation (1) in accordance with subregulation (3); and
(b) the second applicant identifies the first applicant as being a member of the immediate family of the second applicant in the second applicant’s written acceptance under paragraph (3)(h).
(6) For subregulation (5), the first applicant may be in or outside Australia.
2.07AL Applications for certain visas by contributory parent newborn children
(1) For section 46 of the Act, an application by a contributory parent newborn child for a Subclass 173 (Contributory Parent (Temporary)) visa is a valid application only if the parent holds or held:
(a) a Subclass 173 (Contributory Parent (Temporary)) visa; or
(b) a bridging visa, and the last substantive visa held by that parent was a Subclass 173 (Contributory Parent (Temporary)) visa.
(2) For section 46 of the Act, an application by a contributory parent newborn child for a Subclass 884 (Contributory Aged Parent (Temporary)) visa is a valid application only if the parent holds or held:
(a) a Subclass 884 (Contributory Aged Parent (Temporary)) visa; or
(b) a bridging visa, and the last substantive visa held by that parent was a Subclass 884 (Contributory Aged Parent (Temporary)) visa.
2.07AM Applications for Refugee and Humanitarian (Class XB) visas
(1) For subsection 46(2) of the Act, a Refugee and Humanitarian (Class XB) visa is a prescribed class of visa.
(2) An application for a Refugee and Humanitarian (Class XB) visa is taken to have been validly made by a person only if the requirements in subregulation (3) or item 1402 of Schedule 1 have been met.
(3) The requirements are that:
(a) the person is a person mentioned in subregulation (5); and
(b) the Minister has invited the person to make an application for a Refugee and Humanitarian (Class XB) visa; and
(c) the person indicates to an authorised officer that he or she accepts the invitation; and
(d) the authorised officer endorses, in writing, the person’s acceptance of the invitation.
(4) An application made under paragraph 1402(3)(a) of Schedule 1 is taken to have been made outside Australia.
(5) For paragraph (3)(a), the person is:
(a) a person who:
(i) between 13 August 2012 and before the commencement of this subparagraph, entered Australia at an excised offshore place after the excision time for that place; and
(ii) became an unlawful non‑citizen because of that entry; or
(b) a person who, on or after 13 August 2012, was taken to a place outside Australia under paragraph 245F(9)(b) of the Act; or
(c) a person who, on or after the commencement of this paragraph, is an unauthorised maritime arrival.
Note: For paragraph (c), see section 5AA of the Act.
2.07AP Applications for Maritime Crew (Temporary) (Class ZM) visas
Despite anything in regulation 2.07, an application for a Maritime Crew (Temporary) (Class ZM) visa may be made on behalf of an applicant.
Example: For convenience, an application for a Maritime Crew (Temporary) (Class ZM) visa could be completed and lodged by a third party such as a shipping agent or a manning agent, on behalf of a member of crew of a non‑military ship or a member of the family unit of a member of the crew.
2.07AQ Applications for Resolution of Status (Class CD) visas