amending regulations means the Migration Amendment (Resolution of Status Visa) Regulations 2023.
identity information criterion means subclause 851.228(2) of Schedule 2, as inserted by Schedule 2 to the amending regulations.
12102 Operation of amendments
(1) The amendments made by Schedule 2 to the amending regulations apply in relation to an application for a visa:
(a) made, but not finally determined, before the commencement of that Schedule; or
(b) made on or after that commencement.
(2) For an application made on the basis of meeting the requirements of item 4, 4A or 5 of the table in subitem 1127AA(3) of Schedule 1, the identity information criterion applies in relation to an invitation under section 56 of the Act whether given before, on or after the commencement of that criterion.
(3) For an application taken to be a valid application for a Resolution of Status (Class CD) visa under regulation 2.08G, the identity information criterion applies in relation to an invitation under section 56 of the Act whether given before, on or after the commencement of that criterion, provided that the invitation was given after regulation 2.08G started to apply in relation to the application.
Part 122—Amendments made by the Migration Amendment (Subclass 500 Visas) Regulations 2024
12201 Operation of Schedule 1
The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Subclass 500 Visas) Regulations 2024 apply in relation to an application for a visa made on or after the commencement of that Schedule.
Part 123—Amendments made by the Migration Amendment (Expanding Access to Temporary Residence Transition Stream) Regulations 2023
12301 Definitions
In this Part:
amending regulations means the Migration Amendment (Expanding Access to Temporary Residence Transition Stream) Regulations 2023.
12302 Operation of amendments
(1) The amendment of regulation 2.12F of these Regulations made by Schedule 1 to the amending regulations applies in relation to the withdrawal of a visa application on or after the commencement of that amendment, if the nomination application:
(a) is made on or after 18 March 2018 and not finally determined before that commencement; or
(b) is made on or after that commencement.
(2) The amendments of regulation 5.19 of these Regulations made by Schedule 1 to the amending regulations apply in relation to an application under that regulation:
(a) made on or after 18 March 2018 and not finally determined before the commencement of those amendments; or
(b) made on or after the commencement of those amendments.
(3) The amendments of clause 1240 of Schedule 1 to these Regulations made by Schedule 1 to the amending regulations apply in relation to visa applications made on or after the commencement of those amendments.
Part 124—Amendments made by the Migration Amendment (Location Requirements for Grant of Visa) Regulations 2023
12401 Definitions
In this Part:
amending regulations means the Migration Amendment (Location Requirements for Grant of Visa) Regulations 2023.
12402 Operation of Schedule 1
(1) The amendments of these Regulations made by items 1 and 2 of Schedule 1 to the amending regulations apply in relation to a decision to refuse to grant a Subclass 300 (Prospective Marriage) visa or a Subclass 309 (Partner (Provisional)) visa made on or after the commencement of those items, whether the visa application was made before, on or after that commencement.
(2) The amendments of these Regulations made by items 3 to 8 of Schedule 1 to the amending regulations apply in relation to a visa granted on or after the commencement of those items, whether the visa application was made before, on or after that commencement.
Part 125—Amendments made by the Migration Amendment (Subclass 200 and 201 Visas) Regulations 2023
12501 Operation of Schedule 1
The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Subclass 200 and 201 Visas) Regulations 2023 apply in relation visa applications:
(a) made, but not finally determined, before the commencement of that Schedule; or
(b) made on or after that commencement.
Part 126—Amendments made by the Migration Amendment (Bridging Visa Conditions) Act 2023
12601 Operation of amendments
The amendments of these Regulations made by Part 1 of Schedule 2 to the Migration Amendment (Bridging Visa Conditions) Act 2023 apply in relation to a visa granted on or after the commencement of those amendments.
Part 127—Amendments made by the Migration Amendment (Bridging Visa Conditions) Regulations 2023
12701 Operation of amendments
(1) Regulations 2.25AA and 2.25AB, as amended by Part 1 of Schedule 1 to the Migration Amendment (Bridging Visa Conditions) Regulations 2023, apply in relation to the grant of a visa on or after the commencement of that Part.
(2) Regulation 2.25AE, as inserted by that Part, applies in relation to a visa granted before, on or after the commencement of that Part.
(3) Schedules 2 and 8, as amended by that Part, apply in relation to a visa granted on or after the commencement of that Part.
Part 128—Amendments made by the Migration Amendment (Pacific Australia Labour Mobility Scheme) Regulations 2024
12801 Operation of amendments
(1) The amendments of Schedules 1 and 2 to these Regulations made by Part 1 of Schedule 1 to the Migration Amendment (Pacific Australia Labour Mobility Scheme) Regulations 2024 (the amending Part) apply in relation to an application for a visa made on or after the commencement of the amending Part.
(2) Clause 8611 of Schedule 8 to these Regulations, as amended by the amending Part, applies in relation to a visa granted on or after the commencement of the amending Part.
Part 129—Amendments made by the Migration Amendment (Dependent Secondary Partner Visa Applicants) Regulations 2024
12901 Operation of amendments
The amendments made by Schedule 1 to the Migration Amendment (Dependent Secondary Partner Visa Applicants) Regulations 2024 apply in relation to an application for a visa made, but not finally determined, before 9 February 2023.
Part 130—Amendments made by the Migration Amendment (Bridging Visas) Regulations 2024
13001 Operation of amendments
Regulation 2.25AB, as amended by Schedule 1 to the Migration Amendment (Bridging Visas) Regulations 2024, applies in relation to the grant of a visa on or after the commencement of that Schedule.
Part 131—Amendments made by the Migration Amendment (Cessation and Grant of Bridging Visas) Regulations 2024
13101 Operation of amendments
(1) The amendments of Schedule 2 to these Regulations made by Parts 1 and 2 of Schedule 1 to the Migration Amendment (Cessation and Grant of Bridging Visas) Regulations 2024 apply in relation to a visa granted on or after the commencement of those Parts.
(2) The amendments of Schedule 1 to these Regulations made by Part 3 of Schedule 1 to the Migration Amendment (Cessation and Grant of Bridging Visas) Regulations 2024 apply in relation to a visa application made on or after the commencement of that Part.
Part 132—Amendments made by the Migration Amendment (Work Related Visa Conditions) Regulations 2024
13201 Operation of amendment
(1) The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Work Related Visa Conditions) Regulations 2024 apply in relation to a visa granted on or after the commencement of that Schedule.
(2) The amendments also apply, after the commencement of that Schedule, in relation to a visa granted before that commencement, for the part of the visa period for the visa that occurs after that commencement, but any period for which the holder of the visa ceased employment before that commencement is to be disregarded.
Part 133—Amendments made by the Migration Amendment (Immigration Clearance Exemption for Transiting Aircraft Crew) Regulations 2024
13301 Operation of amendment
The amendment made by Schedule 1 to the Migration Amendment (Immigration Clearance Exemption for Transiting Aircraft Crew) Regulations 2024 applies in relation to a person who departs Australia on or after the commencement of that Schedule (regardless of when the person enters Australia).
Part 134—Amendments made by the Migration Amendment (Graduate Visas) Regulations 2024
13401 Operation of amendments
(1) The amendments of Schedule 2 to these Regulations made by Schedule 1 to the Migration Amendment (Graduate Visas) Regulations 2024 (the amending Schedule) apply in relation to an application for a visa made on or after the commencement of the amending Schedule.
(2) The amendments of Schedule 8 to these Regulations made by the amending Schedule apply in relation to a visa granted on or after that commencement if the application for the visa was made on or after that commencement.
Part 135—Amendments made by the Migration Amendment (Strengthening Reporting Protections) Regulations 2024
13501 Operation of amendments
The amendments made by Schedule 1 to the Migration Amendment (Strengthening Reporting Protections) Regulations 2024 apply in relation to a breach of a condition to which a visa is subject that occurs before, on or after the commencement of that Schedule.
Part 136—Amendments made by the Migration Amendment (Visa Application Charges) Regulations 2024
13601 Operation of amendments
The amendments made by Part 1 of Schedule 1 to the Migration Amendment (Visa Application Charges) Regulations 2024 apply in relation to visa applications made on or after 1 July 2024.
Part 137—Amendments made by the Migration Amendment (Family Violence Provisions for Partner Visa Applicants) Regulations 2024
13701 Operation of amendments
(1) The amendments of regulations 1.23 and 1.25 of, and of Schedule 2 to, these Regulations made by Schedule 1 to the Migration Amendment (Family Violence Provisions for Partner Visa Applicants) Regulations 2024 (the amending Schedule) apply in relation to an application for a visa:
(a) made, but not finally determined, before the commencement of the amending Schedule; or
(b) made on or after that commencement.
(2) The amendment of regulation 4.02 of these Regulations made by the amending Schedule applies in relation to a decision made before, on or after the commencement of that Schedule.
Part 138—Amendments made by the Migration Amendment (Subclass 462 (Work and Holiday) Visa) Regulations 2024
13801 Operation of amendments
The amendments made by Schedule 1 to the Migration Amendment (Subclass 462 (Work and Holiday) Visa) Regulations 2024 apply in relation to an application for a visa made on or after the commencement of that Schedule.
Part 139—Amendments made by the Migration Amendment (Administrative Review Tribunal Consequential Amendments) Regulations 2024
13901 Definition
In this Part:
amending Part means Part 1 of Schedule 1 to the Migration Amendment (Administrative Review Tribunal Consequential Amendments) Regulations 2024.
13902 Application provision—invitation to give additional information or comments
The amendments made to paragraphs 2.15(1)(a), (3)(a) and (4)(a) by the amending Part apply in relation to an invitation given under section 56 or 57 of the Act on or after the commencement of the amending Part.
13903 Transitional provision—invitation to give additional information or comments
(1) This clause applies if:
(a) an invitation was given under section 56 or 57 of the Act before the commencement of the amending Part; and
(b) the prescribed period for the invitation was the period prescribed by sub‑subparagraph 2.15(1)(b)(ii)(B) or subparagraph 2.15(3)(b)(ii) of these Regulations (as the case may be); and
(c) immediately before that commencement, that period has not ended.
(2) The prescribed period for the invitation is taken, on and after the commencement of the amending Part, to be the period prescribed by sub‑subparagraph 2.15(1)(b)(ii)(C) or subparagraph 2.15(3)(b)(iii) of these Regulations (as the case may be).
13904 Application and saving provisions—review application fee
(1) Subregulation 4.31B(2), as inserted by the amending Part, applies in relation to an application for review made on or after the commencement of the amending Part.
(2) Despite the repeal of subregulation 4.31B(2) as in force immediately before the commencement of the amending Part, that subregulation continues to apply, on and after that commencement, in relation to an application for review made before that commencement, as if the repeal had not happened.
Part 140—Amendments made by the Migration Amendment (Public Interest Criteria 4005 and 4007) Regulations 2024
14001 Operation of amendments
The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Public Interest Criteria 4005 and 4007) Regulations 2024 apply in relation to an application for a visa:
(a) made, but not finally determined, before the commencement of that Schedule; or
(b) made on or after that commencement.
Part 141—Amendments made by the Migration Amendment (Family Violence Provisions for Skilled Visa Applications) Regulations 2024
14101 Operation of amendments
The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Family Violence Provisions for Skilled Visa Applications) Regulations 2024 apply in relation to an application for a visa:
(a) made, but not finally determined, before the commencement of that Schedule; or
(b) made on or after that commencement.
Part 142—Amendments made by the Migration Amendment (National Innovation Visa) Regulations 2024
14201 Operation of amendments
(1) The amendments of these Regulations made by Schedule 1 to the Migration Amendment (National Innovation Visa) Regulations 2024 apply in relation to an application for a visa made on or after 6 December 2024.
(2) To avoid doubt, the reference in paragraph 773.213(2)(zy) of Schedule 2 to these Regulations to a National Innovation (Class BX) visa is taken to include a reference to:
(a) a Distinguished Talent (Class BX) visa issued on the basis of an application made before 27 February 2021; and
(b) a Global Talent (Class BX) visa issued on the basis of an application made before 6 December 2024.
Part 143—Amendments made by the Migration Amendment (Bridging Visa Conditions) Regulations 2024
14301 Operation of amendments
The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Bridging Visa Conditions) Regulations 2024 apply in relation to a visa granted on or after the commencement of that Schedule.
Part 144—Amendments made by the Migration Amendment (Temporary Graduate Visa Application Charge) Regulations 2024
14401 Operation of amendments
The amendments made by Schedule 1 to the Migration Amendment (Temporary Graduate Visa Application Charge) Regulations 2024 apply in relation to an application for a visa made on or after 1 February 2025.
Part 145—Amendments made by the Migration Amendment (2024 Measures No. 1) Regulations 2024
14501 Definitions
In this Part:
amending regulations means the Migration Amendment (2024 Measures No. 1) Regulations 2024.
14502 Operation of Part 1 of Schedule 1
(1) Division 2.17 of Part 2A, as amended by Part 1 of Schedule 1 to the amending regulations, applies in relation to the nomination of a proposed occupation that is made on or after 7 December 2024.
(2) If:
(a) a nomination of a proposed occupation was made in relation to a proposed applicant for a Subclass 482 (Temporary Skill Shortage) visa before 7 December 2024; and
(b) no Subclass 482 (Temporary Skill Shortage) visa application was made in relation to the nomination before 7 December 2024;
then the nominated occupation:
(c) is taken, from when it is, or was, approved, to have been approved in relation to an applicant or proposed applicant for a Subclass 482 (Skills in Demand) visa; and
(d) is taken to have been nominated for that visa in:
(i) if the occupation is an occupation in Major Group 1, 2, 4, 5 or 6 in ANZSCO and the annual earnings (excluding non‑monetary benefits) for an applicant in relation to the occupation is equal to or more than the specialist skills income threshold—the Specialist Skills stream; or
(ii) otherwise—the Core Skills stream; and
(e) continues in effect until the approval of the nomination ceases under regulation 2.75, as amended by Part 1 of Schedule 1 to the amending regulations.
(3) Schedules 1 and 2 to these Regulations, as amended by Part 1 of Schedule 1 to the amending regulations, apply in relation to an application for a visa made on or after 7 December 2024.
(4) Despite the amendments of clause 8607 of Schedule 8 to these Regulations made by Part 1 of Schedule 1 to the amending regulations, that clause, as in force immediately before 7 December 2024, continues to apply in relation to the following as if the amendments had not been made:
(a) a visa granted before 7 December 2024;
(b) a visa granted on or after 7 December 2024, if the visa is granted as a result of an application for the visa made before 7 December 2024.
14503 Operation of Part 2 of Schedule 1
(1) Regulation 5.19, as amended by Part 2 of Schedule 1 to the amending regulations, applies in relation to an application for the approval of the nomination of a position made on or after 7 December 2024.
(2) Clauses 186.226 and 186.227 of Schedule 2 to these Regulations, as inserted by Part 2 of Schedule 1 to the amending regulations, apply in relation to an application for a visa:
(a) made on or after 7 December 2024; and
(b) made in relation to a position nominated in an application made under regulation 5.19 on or after 7 December 2024.
(3) The amendment of these Regulations made by item 123 of Part 2 of Schedule 1 to the amending regulations, applies in relation to an application for a visa:
(a) made, but not finally determined, before 7 December 2024; or