(1) This clause applies in relation to an application (the second 462 application) for a Subclass 462 (Work and Holiday) visa made on or after 14 November 2020, if:
(a) the applicant has held only one Subclass 462 (Work and Holiday) visa (the first 462 visa) in Australia; and
(b) before the day (the second 462 application day) the second 462 application is made, the applicant carried out specified Subclass 462 work as the holder of:
(i) an eligible 408 visa; or
(ii) a bridging visa that was in effect and granted on the basis of an application for an eligible 408 visa; and
(c) some or all of that work was special Subclass 462 work.
Work under COVID‑19 pandemic event visas to be counted for purposes of second 462 application
(2) The following provisions apply in relation to the work mentioned in paragraph (1)(b) of this clause in the same way as those provisions apply in relation to specified Subclass 462 work that the applicant carried out as the holder of the first 462 visa:
(a) subparagraph 1224A(3)(c)(ii) of Schedule 1;
(b) clause 462.218 of Schedule 2.
When second 462 visa is in effect
(3) If, on the second 462 application day, the applicant holds an eligible 408 visa, then a Subclass 462 (Work and Holiday) visa granted on the basis of the second 462 application is a temporary visa permitting the holder to travel to, enter and remain in Australia until 12 months after the date that the eligible 408 visa would have otherwise ceased to be in effect.
(4) Subclause (3) has effect despite Division 462.5 of Schedule 2.
Meaning of eligible 408 visa
(5) For the purposes of this clause, an eligible 408 visa is a COVID‑19 pandemic event 408 visa granted on the basis of an application made:
(a) while the applicant held the first 462 visa; or
(b) within 28 days after the day when the first 462 visa ceased to be in effect; or
(c) while the applicant held an earlier eligible 408 visa; or
(d) within 28 days after an earlier eligible 408 visa held by the applicant ceased to be in effect.
9208 Transitional provision—applicants for third Subclass 462 visas who carried out specified Subclass 462 work under COVID‑19 pandemic event visas
Scope of this clause
(1) This clause applies in relation to an application (the third 462 application) for a Subclass 462 (Work and Holiday) visa made on or after 14 November 2020, if:
(a) the applicant has held 2 Subclass 462 (Work and Holiday) visas in Australia (the earlier of which is the first 462 visa and the latter of which is the second 462 visa); and
(b) before the day (the third 462 application day) the third 462 application is made, the applicant carried out specified Subclass 462 work as the holder of:
(i) an eligible 408 visa; or
(ii) a bridging visa that was in effect and granted on the basis of an application for an eligible 408 visa; or
(iii) if, when the application for the second 462 visa was made, the applicant held a COVID‑19 pandemic event 408 visa to which subclause (6) applies—a bridging visa granted on the basis of the application for the second 462 visa; and
(c) some or all of that work was special Subclass 462 work.
Work under COVID‑19 pandemic event visas to be counted for purposes of third 462 application
(2) The following provisions apply in relation to the specified Subclass 462 work mentioned in paragraph (1)(b) of this clause in the same way as those provisions apply in relation to specified Subclass 462 work that the applicant carried out as the holder of the second 462 visa:
(a) subparagraph 1224A(3)(c)(iia) of Schedule 1;
(b) clause 462.219 of Schedule 2.
When third 462 visa is in effect
(3) If, on the third 462 application day, the applicant holds an eligible 408 visa, then a Subclass 462 (Work and Holiday) visa granted on the basis of the third 462 application is a temporary visa permitting the holder to travel to, enter and remain in Australia until 12 months after the date that the eligible 408 visa would have otherwise ceased to be in effect.
(4) Subclause (3) has effect despite Division 462.5 of Schedule 2.
Meaning of eligible 408 visa etc.
(5) For the purposes of this clause, an eligible 408 visa is a COVID‑19 pandemic event 408 visa granted on the basis of an application made:
(a) while the applicant held the second 462 visa; or
(b) within 28 days after the day when the second 462 visa ceased to be in effect; or
(c) while the applicant held an earlier eligible 408 visa; or
(d) within 28 days after an earlier eligible 408 visa held by the applicant ceased to be in effect.
(6) For the purposes of subparagraph (1)(b)(iii), this subclause applies to a COVID‑19 pandemic event 408 visa granted on the basis of an application made:
(a) while the applicant held the first 462 visa; or
(b) within 28 days after the day when the first 462 visa ceased to be in effect; or
(c) while the applicant held an earlier COVID‑19 pandemic event 408 visa to which this subclause applies; or
(d) within 28 days after an earlier COVID‑19 pandemic event 408 visa to which this subclause applies held by the applicant ceased to be in effect.
Part 93—Amendments made by the Migration Amendment (Temporary Graduate Visas) Regulations 2020
9301 Operation of Schedule 2
The amendments of these Regulations made by Schedule 2 to the Migration Amendment (Temporary Graduate Visas) Regulations 2020 apply in relation to visa applications made on or after the commencement of that Schedule.
9302 Operation of Schedule 1
The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Temporary Graduate Visas) Regulations 2020 apply in relation to visa applications made on or after the commencement of that Schedule.
9303 Living, working and studying in a regional centre or other regional area
(1) This clause applies if, at the commencement of Schedule 1 to the Migration Amendment (Temporary Graduate Visas) Regulations 2020, a place is a regional centre or other regional area.
(2) For the purposes of clause 485.232 of Schedule 2 to these Regulations, the place is taken to have been a regional centre or other regional area at all times before that commencement.
9304 Living, working and studying in a designated regional area
(1) This clause applies if, at a time occurring before the commencement of Schedule 1 to the Migration Amendment (Temporary Graduate Visas) Regulations 2020, a place was a designated regional area within the meaning of these Regulations as in force at that time.
(2) For the purposes of clause 485.233 of Schedule 2 to these Regulations, the place is taken to have been a designated regional area within the meaning of these Regulations as amended by Schedule 1 to the Migration Amendment (Temporary Graduate Visas) Regulations 2020, at that time.
Part 94—Amendments made by the Migration Amendment (Subclass 189 Visas) Regulations 2021
9401 Operation of Schedule 1
The amendments made by items 1 to 4 of Schedule 1 to the Migration Amendment (Subclass 189 Visas) Regulations 2021 apply in relation to visa applications made on or after 1 July 2021.
Part 95—Amendments made by the Migration Amendment (2021 Measures No. 1) Regulations 2021
9501 Operation of Schedule 2 (Subclass 300 (Prospective Marriage) visas)
The amendment made by Schedule 2 to the Migration Amendment (2021 Measures No. 1) Regulations 2021 applies in relation to a Subclass 300 (Prospective Marriage) visa granted on or after 27 February 2021, whether the application for the visa was made before, on or after 27 February 2021.
9502 Operation of Schedule 4 (Distinguished Talent (Class BX) visas)
(1) The amendments made by Division 1 of Part 1, and Division 2 of Part 2, of Schedule 4 to the Migration Amendment (2021 Measures No. 1) Regulations 2021 apply in relation to an application for a visa made on or after 27 February 2021.
(2) To avoid doubt, the reference in paragraph 773.213(2)(zy) of Schedule 2 to these Regulations to a Global Talent (Class BX) visa is taken to include a reference to a Distinguished Talent (Class BX) visa issued on the basis of an application made before 27 February 2021.
9503 Transitional provision—Subclass 124 (Distinguished Talent) visas and Subclass 858 (Distinguished Talent) visas
(1) Division 124.4 of Schedule 2, as in force immediately before 14 November 2020, does not apply in relation to an application for a Subclass 124 (Distinguished Talent) visa if:
(a) the application was made before 14 November 2020; and
(b) the application was not finally determined before 27 February 2021; and
(c) the applicant is not in immigration clearance when the visa is granted.
Note: Former Division 124.4 required an applicant to be outside Australia when a visa is granted.
(2) Division 858.4 of Schedule 2, as in force immediately before 14 November 2020, does not apply in relation to an application for a Subclass 858 (Distinguished Talent)) visa if:
(a) the application was made before 14 November 2020; and
(b) the application was not finally determined before 27 February 2021; and
(c) the applicant is not in immigration clearance when the visa is granted.
Note: Immediately before 14 November 2020, Division 858.4 required an applicant to be in Australia when a visa is granted.
Part 96—Amendments made by the Migration Amendment (Bridging Visa Conditions) Regulations 2021
9601 Operation of Schedule 1
The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Bridging Visa Conditions) Regulations 2021 apply in relation to a bridging visa granted on or after the commencement of that Schedule.
Part 97—Amendments made by the Migration Amendment (Subclass 417 and 462 Visas) Regulations 2021
9701 Application of amendments
(1) The amendments made by Schedule 1 to the Migration Amendment (Subclass 417 and 462 Visas) Regulations 2021 (the amending Schedule) apply in relation to any visa application made after the commencement of the amending Schedule.
(2) However, to the extent that the application relates to work carried out before that commencement, paragraphs 417.211(5)(d), 417.211(6)(f), 462.218(1)(d) and 462.219(1)(f) of Schedule 2 to these Regulations (as inserted by the amending Schedule) do not apply in relation to that work.
Part 98—Amendments made by the Migration Amendment (Visa Application Charges) Regulations 2021
9801 Operation of Part 1 of Schedule 1
The amendments of these Regulations made by Part 1 of Schedule 1 to the Migration Amendment (Visa Application Charges) Regulations 2021 apply in relation to visa applications made on or after 1 July 2021.
Part 99—Amendments made by the Home Affairs Legislation Amendment (2021 Measures No. 1) Regulations 2021
9901 Operation of Schedule 1 (Business Innovation and Investment Program)
The amendments of these Regulations made by Schedule 1 to the Home Affairs Legislation Amendment (2021 Measures No. 1) Regulations 2021 apply in relation to an application for a visa made on or after 1 July 2021.
9902 Operation of Schedule 2 (working holiday maker visas)
The amendments of these Regulations made by Schedule 2 to the Home Affairs Legislation Amendment (2021 Measures No. 1) Regulations 2021 apply in relation to an application for a visa made on or after 1 July 2021.
9903 Operation of Schedule 3 (bridging visa amendments)
(1) The amendments of these Regulations made by items 1 to 4 of Schedule 3 to the Home Affairs Legislation Amendment (2021 Measures No. 1) Regulations 2021 apply in relation to a Bridging E (Class WE) visa:
(a) granted as a result of an application for the visa made on or after 1 July 2021; or
(b) granted by the Minister under regulation 2.25 on or after 1 July 2021.
(2) The amendment of these Regulations made by item 5 of Schedule 3 to the Home Affairs Legislation Amendment (2021 Measures No. 1) Regulations 2021 applies in relation to a visa granted on or after 1 July 2021.
Part 100—Amendments made by the Migration Amendment (Merits Review) Regulations 2021
10001 Operation of Schedule 1
The amendment made by item 1 of Schedule 1 to the Migration Amendment (Merits Review) Regulations 2021 applies in relation to an application for review made on or after 1 July 2021.
Part 101—Amendments made by the Migration Legislation Amendment (Hong Kong) Regulations 2021
Division 1—Amendments made by Schedule 1
10101 Subclass 457 visas
(1) This clause applies to a Subclass 457 (Temporary Work (Skilled)) visa if:
(a) the visa is in effect on or after 9 July 2020 (whether the visa was granted before, on or after 9 July 2020); and
(b) the visa is granted on the basis that the holder satisfied the primary criteria for the grant of the visa; and
(c) on the date of grant of the visa, the holder holds a British National (Overseas) passport.
(2) This clause also applies to a Subclass 457 (Temporary Work (Skilled)) visa if:
(a) the visa is in effect on or after 9 July 2020 (whether the visa was granted before, on or after 9 July 2020); and
(b) the visa is granted on the basis that the holder satisfied the secondary criteria for the grant of the visa as a member of the family unit of a person (the primary applicant) who satisfied the primary criteria for the grant of a Subclass 457 (Temporary Work (Skilled)) visa (the primary visa); and
(c) on the date of grant of the primary visa, the primary applicant holds a British National (Overseas) passport.
(3) Despite former clause 457.511 of Schedule 2 to these Regulations, a visa to which this clause applies is a temporary visa permitting the holder to:
(a) travel to, and enter, Australia on multiple occasions; and
(b) remain in Australia;
during the period that:
(c) starts when the visa comes into effect; and
(d) ends on 8 July 2025.
10102 Subclass 482 visas granted before 9 July 2020
(1) This clause applies to a Subclass 482 (Temporary Skill Shortage) visa if:
(a) the visa was granted before 9 July 2020; and
(b) the visa was granted on the basis that the holder satisfied the primary criteria for the grant of the visa; and
(c) on the date of grant of the visa, the holder held a British National (Overseas) passport; and
(d) the visa did not cease to be in effect before 9 July 2020.
(2) This clause also applies to a Subclass 482 (Temporary Skill Shortage) visa (the secondary visa) if:
(a) the secondary visa was granted before 9 July 2020; and
(b) the secondary visa was granted on the basis that the holder satisfied the secondary criteria for the grant of the visa as a member of the family unit of a person (the primary applicant) who satisfied the primary criteria for the grant of one of the following visas (the primary visa):
(i) a Subclass 457 (Temporary Work (Skilled)) visa;
(ii) a Subclass 482 (Temporary Skill Shortage) visa; and
(c) on the date of grant of the primary visa, the primary applicant held a British National (Overseas) passport; and
(d) the secondary visa did not cease to be in effect before 9 July 2020.
(3) Despite clause 482.511 of Schedule 2 to these Regulations, a visa to which this clause applies is a temporary visa permitting the holder to:
(a) travel to, and enter, Australia on multiple occasions; and
(b) remain in Australia;
during the period that:
(c) started when the visa came into effect; and
(d) ends on 8 July 2025.
10103 Subclass 482 visas granted on or after 9 July 2020
The amendments of clause 482.511 of Schedule 2 to these Regulations made by Schedule 1 to the Migration Legislation Amendment (Hong Kong) Regulations 2021 apply to a Subclass 482 (Temporary Skill Shortage) visa granted on or after 9 July 2020, whether the application for the visa was made before, on or after 9 July 2020.
10104 Subclass 485 visas granted before 9 July 2020
(1) This clause applies to a Subclass 485 (Temporary Graduate) visa if:
(a) the visa was granted before 9 July 2020; and
(b) the visa was granted on the basis that the holder satisfied the primary criteria for the grant of the visa; and
(c) on the date of grant of the visa, the holder held a British National (Overseas) passport; and
(d) the visa did not cease to be in effect before 9 July 2020.
(2) This clause also applies to a Subclass 485 (Temporary Graduate) visa (the secondary visa) if:
(a) the secondary visa was granted before 9 July 2020; and
(b) the secondary visa was granted on the basis that the holder satisfied the secondary criteria for the grant of the visa as a member of the family unit of a person (the primary applicant) who satisfied the primary criteria for the grant of a Subclass 485 (Temporary Graduate) visa (the primary visa); and
(c) on the date of grant of the primary visa, the primary applicant held a British National (Overseas) passport; and
(d) the secondary visa did not cease to be in effect before 9 July 2020.
(3) Despite clause 485.511 of Schedule 2 to these Regulations, a visa to which this clause applies is a temporary visa permitting the holder to:
(a) travel to, and enter, Australia on multiple occasions; and
(b) remain in Australia;
during the period that:
(c) started when the visa came into effect; and
(d) ends on 8 July 2025.
10105 Subclass 485 visas granted on or after 9 July 2020 and before 3 November 2021
(1) This clause applies to a Subclass 485 (Temporary Graduate) visa if:
(a) the visa is granted:
(i) on or after 9 July 2020; and
(ii) before 3 November 2021; and
(b) the visa is granted on the basis that the holder satisfied the primary criteria for the grant of the visa (other than the criteria in clause 485.232 or 485.233 of Schedule 2); and
(c) on the date of grant of the visa, the holder holds a British National (Overseas) passport.
(2) This clause also applies to a Subclass 485 (Temporary Graduate) visa (the secondary visa) if: