Subregulation 2.86(3), as amended by Part 3 of Schedule 1 to the amending regulations, applies to a person who is an approved work sponsor in relation to a primary sponsored person whether the sponsor’s approval in relation to the primary sponsored person was given before, on or after 7 December 2024.
Part 146—Amendments made by the Migration Amendment (Skills Assessing Authorities) Regulations 2024
14601 Operation of amendments
(1) Despite the repeal of subregulation 2.26B(1B) by Part 1 of Schedule 1 to the Migration Amendment (Skills Assessing Authorities) Regulations 2024 (the amending Part), an approval given under that subregulation that is in force immediately before the commencement of the amending Part continues to be in force, after that commencement, as if the repeal had not happened.
(2) Subregulation 2.26B(1BC), as inserted by the amending Part, applies in relation to an approval given under subregulation 2.26B(1B) before, on or after the commencement of the amending Part.
(3) Subregulation 2.26B(1BG), as inserted by the amending Part, applies in relation to the following:
(a) an approval given under subregulation 2.26B(1B) on or after the commencement of the amending Part;
(b) an approval given under subregulation 2.26B(1B) before that commencement if the ground for the revocation of the approval relates to:
(i) if the ground for the revocation is the ground mentioned in paragraph 2.26B(1BG)(a) or (c)—a thing done, or not done, on or after that commencement; and
(ii) otherwise—a thing done, or not done, after the time mentioned in subregulation 2.26B(1BD).
(4) The amendments of these Regulations made by items 18, 20, 23, 31 and 32 of the amending Part apply in relation to an application for a visa made on or after the commencement of that Part.
(5) The amendments of these Regulations made by items 25 and 26 of the amending Part apply in relation to an application made in response to an invitation given by the Minister on or after the commencement of that Part.
Part 147—Amendments made by the Migration Amendment (Family Violence Provisions and Other Measures) Regulations 2024 and application of family violence provisions to repealed Subclass 132
14701 Operation of amendments
The amendments of these Regulations made by Parts 1 and 2 of Schedule 1 to the Migration Amendment (Family Violence Provisions and Other Measures) Regulations 2024 apply in relation to an application for a visa:
(a) made, but not finally determined, before 17 December 2024; or
(b) made on or after 17 December 2024.
14702 Application of family violence provisions to repealed Subclass 132 (Business Talent) visa
(1) This clause applies in relation to an application for a Subclass 132 (Business Talent) visa made but not finally determined before 17 December 2024.
Note: The Subclass 132 (Business Talent) visa was repealed on 1 July 2021 by Schedule 1 to the Home Affairs Legislation Amendment (2021 Measures No. 1) Regulations 2021.
(2) For the purposes of determining the second instalment of the visa application charge that applies in relation to the application on or after 17 December 2024, apply paragraph 1104AA(2)(b) of Schedule 1 (as in force immediately before 1 July 2021) as if the table in that paragraph had been replaced with the following table:
Second instalment
Item Applicant Amount
1 Applicant who:(a) was at least 18 at the time of application; and(b) is assessed as not having functional English; and(c) satisfies the primary criteria for the grant of a Subclass 132 (Business Talent) visa $9 795
2 Applicant who:(a) was at least 18 at the time of application; and(b) is assessed as not having functional English; and(c) satisfies the secondary criteria for the grant of a Subclass 132 (Business Talent) visa; and(d) is an applicant to whom item 3 does not apply $4 890
3 Applicant who meets the requirements of subclause 132.311(3), (4) or (5) of Schedule 2 Nil
4 Any other applicant Nil
(3) For the purposes of determining the application on or after 17 December 2024, apply clauses 132.211, 132.213 and 132.214 of Schedule 2 as if those clauses (as in force immediately before 1 July 2021) had been replaced with the following:
“132.211
(1) The following persons must not have a history of involvement in business or investment activities that are of a nature that is not generally acceptable in Australia:
(a) the applicant (the primary applicant);
(b) the primary applicant’s spouse or de facto partner;
(c) the person covered by subclause (2).
(2) This subclause covers a person if:
(a) at the time of application, the person was the spouse or de facto partner of the primary applicant; and
(b) the relationship between the primary applicant and the person has ceased; and
(c) one or more of the following has experienced family violence committed by the primary applicant:
(i) the person;
(ii) a member of the family unit of the person who has made a combined application with the person or with the primary applicant;
(iii) a dependent child of the person or of the primary applicant.”
“132.213
(1) The applicant (the primary applicant) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4020 and 4021.
(2) If the primary applicant has turned 18 at the time of application, the primary applicant satisfies public interest criterion 4019.
(3) Each person who is covered by subclause (4), (5) or (6) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010 and 4020.
(4) This subclause covers a person who is a member of the family unit of the primary applicant who is also an applicant for a Subclass 132 visa.
(5) This subclause covers a person (the relevant person) if:
(a) the relevant person was, at the time of the primary applicant’s application, a member of the family unit of the primary applicant; and
(b) the relevant person is an applicant for a Subclass 132 visa; and
(c) the Minister is satisfied that:
(i) the relevant person; or
(ii) a member of the family unit of the relevant person who has made a combined application with the relevant person or with the primary applicant; or
(iii) a dependent child of the relevant person or of the primary applicant;
has experienced family violence committed by the primary applicant.
Note: For special provisions relating to family violence, see Division 1.5.
(6) This subclause covers a person if:
(a) the person was, at the time of the primary applicant’s application, a member of the family unit of the primary applicant but is no longer a member of the family unit of the primary applicant; and
(b) the person is an applicant for a Subclass 132 visa; and
(c) the person is a member of the family unit of a person covered by subclause (5).
(7) Each person:
(a) who either:
(i) is a member of the family unit of the primary applicant and also an applicant for a Subclass 132 visa; or
(ii) is covered by subclause (5) or (6); and
(b) who had turned 18 at the time of the primary applicant’s application;
satisfies public interest criterion 4019.
(8) If a person:
(a) either:
(i) is a member of the family unit of the primary applicant and also an applicant for a Subclass 132 visa; or
(ii) is covered by subclause (5) or (6); and
(b) has not turned 18;
public interest criteria 4015 and 4016 are satisfied in relation to the person.
(9) Each person:
(a) who is a member of the family unit of the primary applicant; and
(b) who is not an applicant for a Subclass 132 visa;
satisfies public interest criteria 4001, 4002, 4003 and 4004, and satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.
(10) Each person:
(a) who was, at the time of the primary applicant’s application, a member of the family unit of the primary applicant but is no longer a member of the family unit of the primary applicant; and
(b) who is a member of the family unit of a person who is covered by subclause (5); and
(c) who is not an applicant for a Subclass 132 visa;
satisfies public interest criteria 4001, 4002, 4003 and 4004, and satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.”
“132.214
(1) The applicant satisfies special return criteria 5001, 5002 and 5010.
(2) Each person covered by subclause 132.213(4), (5) or (6) satisfies special return criteria 5001, 5002 and 5010.”
(4) For the purposes of determining the application on or after 17 December 2024, apply Division 132.3 of Schedule 2 as if that Division (as in force immediately before 1 July 2021) had been replaced with the following:
Division 132.3—Secondary criteria
Note: These criteria are for applicants seeking to satisfy the secondary criteria. All criteria must be satisfies at the time a decision is made on the application.
132.311
(1) The applicant meets the requirements of subclause (2), (3), (4), (5) or (6).
(2) The applicant:
(a) is a member of the family unit of a person who holds a Subclass 132 visa granted on the basis of satisfying the primary criteria for the grant of the visa; and
(b) made a combined application with that person.
(3) The applicant meets the requirements of this subclause if:
(a) at the time of the application, the applicant was the spouse or de facto partner of a person (the primary applicant) seeking to satisfy the primary criteria for the grant of a Subclass 132 visa, and the primary applicant has since been granted that visa; and
(b) the relationship between the primary applicant and the applicant has ceased; and
(c) one or more of the following has experienced family violence committed by the primary applicant:
(i) the applicant;
(ii) a member of the family unit of the applicant who has made a combined application with the applicant or with the primary applicant;
(iii) a dependent child of the applicant or of the primary applicant; and
(d) the applicant:
(i) was in Australia at the time the applicant’s visa application was made; or
(ii) entered Australia after the applicant’s visa application was made.
(4) The applicant meets the requirements of this subclause if:
(a) at the time of the application, the applicant was the spouse or de facto partner of a person (the primary applicant) seeking to satisfy the primary criteria for the grant of a Subclass 132 visa; and
(b) the relationship between the primary applicant and the applicant has ceased; and
(c) one or more of the following has experienced family violence committed by the primary applicant:
(i) the applicant;
(ii) a member of the family unit of the applicant who has made a combined application with the applicant or with the primary applicant;
(iii) a dependent child of the applicant or of the primary applicant; and
(d) the applicant:
(i) was in Australia at the time the applicant’s visa application was made; or
(ii) entered Australia after the applicant’s visa application was made; and
(e) the Minister has decided to refuse to grant the primary applicant the visa for reasons including that the primary applicant had engaged in conduct involving family violence (whether or not the family violence was against a person mentioned in paragraph (c)).
(5) The applicant meets the requirements of this subclause if:
(a) at the time of the application, the applicant was the spouse or de facto partner of a person (the primary applicant) seeking to satisfy the primary criteria for the grant of a Subclass 132 visa; and
(b) the relationship between the primary applicant and the applicant has ceased; and
(c) one or more of the following has experienced family violence committed by the primary applicant:
(i) the applicant;
(ii) a member of the family unit of the applicant who has made a combined application with the applicant or with the primary applicant;
(iii) a dependent child of the applicant or of the primary applicant; and
(d) the applicant:
(i) was in Australia at the time the applicant’s visa application was made; or
(ii) entered Australia after the applicant’s visa application was made; and
(e) the Minister has decided to refuse to grant the primary applicant the visa for reasons that the primary applicant does not meet the requirements of clause 132.224 or 132.226; and
(f) the primary applicant would have met the requirements of the clause had the relationship between the primary applicant and the applicant not ceased.
(6) The applicant meets the requirements of this subclause if:
(a) the applicant is a member of the family unit of a person (the secondary applicant) who meets the requirements of subclause (3), (4) or (5); and
(b) the applicant has made a combined application with the secondary applicant or the primary applicant mentioned in subclause (3), (4) or (5) (whichever applies to the secondary applicant); and
(c) a Subclass 132 visa has since been granted to the secondary applicant.
Note: For special provisions relating to family violence, see Division 1.5.
132.312
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4020 and 4021.
(2) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.
(3) If the applicant has not turned 18, the applicant satisfies public interest criteria 4017 and 4018.
132.313
The applicant satisfies special return criteria 5001, 5002 and 5010.
132.314
(1) This clause applies if the applicant (the secondary applicant) meets the requirements of subclause 132.311(3), (4) or (5).
(2) Each member of the family unit of the secondary applicant who is an applicant for a Subclass 132 visa satisfies:
(a) public interest criteria 4001, 4002, 4003, 4004, 4005, 4010 and 4020; and
(b) special return criteria 5001, 5002 and 5010.
(3) Each member of the family unit of the secondary applicant who is an applicant for a Subclass 132 visa and who has turned 18 at the time of application satisfies public interest criterion 4019.
(4) Public interest criteria 4015 and 4016 are satisfied in relation to each member of the family unit of the secondary applicant who is an applicant for a Subclass 132 visa and who has not turned 18 at the time of decision.
(5) Each member of the family unit of the secondary applicant who is not an applicant for a Subclass 132 visa:
(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and
(b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the member to undergo assessment in relation to that criterion.
Part 148—Amendments made by the Migration Amendment (Graduate Visas No. 2) Regulations 2024
14801 Operation of amendments
The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Graduate Visas No. 2) Regulations 2024 apply in relation to an application for a visa made on or after the commencement of that Schedule.
Part 149—Amendments made by the Migration Amendment (Labour Agreement Requirements (Subclass 186, 482 and 494 Visas)) Regulations 2024
14901 Definitions
In this Part:
amending regulations means the Migration Amendment (Labour Agreement Requirements (Subclass 186, 482 and 494 Visas)) Regulations 2024.
commencement day means the day Schedule 1 to the amending regulations commences.
14902 Operation of amendments
(1) The amendments of these Regulations made by Schedule 1 to the amending regulations apply in relation to a visa:
(a) made, but not finally determined, before the commencement day; or
(b) made on or after the commencement day.
(2) If:
(a) a labour agreement was entered into before the commencement day; and
(b) immediately before the commencement day the labour agreement was still in effect;
then, despite the amendment of these Regulations made by Schedule 1 to the amending regulations, the labour agreement continues to have effect on and after the commencement day as if it were a labour agreement made for the purposes of regulation 2.75C, as inserted by Schedule 1 to the amending regulations.
Part 150—Amendments made by the Migration Amendment (Differential Student Visa Application Charge) Regulations 2025
15001 Definitions
In this Part:
amending regulations means the Migration Amendment (Differential Student Visa Application Charge) Regulations 2025.
commencement day means 22 March 2025.
15002 Application and saving provisions
(1) Despite the amendments of regulations 2.12F, 2.12FA, 2.12K and 2.12L made by Schedule 1 to the amending regulations, those regulations, as in force immediately before the commencement day, continue to apply on or after the commencement day until 22 June 2025 in relation to an amount that has been paid by way of the first instalment of the visa application charge paid before the commencement day, as if those amendments had not been made.
(2) The amendments of these Regulations made by items 5 and 6 of Schedule 1 to the amending regulations apply in relation to a visa application made on or after the commencement day.
Part 151—Amendments made by the Migration Amendment (Australia Tuvalu Falepili Union Treaty Visa) Regulations 2025
15101 Operation of amendments
(1) The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Australia Tuvalu Falepili Union Treaty Visa) Regulations 2025 apply in relation to an application for a visa made on or after 1 May 2025.
(2) However, the amendments made by Schedule 1 do not apply in relation to an application for a visa made on or after that date if the application relates to a selected participant for a visa pre‑application process conducted before 1 May 2025 in relation to a Subclass 192 (Pacific Engagement) visa.
Part 152—Amendments made by the Migration Amendment (Substituted Subclass 600 Visa Exemptions) Regulations 2025