Migration Regulations 1994

Form: The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

Visa application charge:

the base application charge (payable at the time the application is made) is:

for an applicant in a class of persons specified in a legislative instrument made for the purposes of this subparagraph under subregulation 2.07(5)—nil; or

for an applicant who is not in such a class of persons and who holds a valid passport issued by a Pacific‑regional country—$690; or

for an applicant who is not in such a class of persons, who does not hold a valid passport issued by a Pacific‑regional country and is not, and has not previously been, in Australia as the holder of a Subclass 462 (Work and Holiday) visa other than an offshore COVID‑19 affected visa—$840; or

for any other applicant—$1 000; and

the second instalment (payable before grant of visa) is nil.

Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non‑Internet application charge. Not all of the components may apply to a particular application.

Other:

Applicant must hold a valid passport issued by a foreign country specified in an instrument in writing made for this item under subregulation 2.07(5).

For foreign country, see section 2B of the Acts Interpretation Act 1901.

Paragraph (a) does not apply if:

the applicant is in Australia; and

when entering Australia, the applicant held a valid passport issued by a foreign country specified in an instrument in writing mentioned in paragraph (a); and

the passport expired after the applicant entered Australia.

The applicant must be aged at least 18 and no more than:

unless subparagraph (ii) applies—35; or

if the instrument mentioned in paragraph (a) specifies a younger age for the foreign country that issued the passport the applicant holds (or, if paragraph (aaa) applies, held)—that age.

An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

If the applicant is not, and has not previously been, in Australia as the holder of a Subclass 462 (Work and Holiday) visa other than an offshore COVID‑19 affected visa, the applicant must:

be outside Australia; and

not have previously been in Australia as the holder of a Subclass 417 (Working Holiday) visa; and

unless the applicant is a member of a class of persons specified by the Minister, by an instrument in writing, for this subparagraph—provide evidence that the applicant has the support for the grant of the visa from the government of the foreign country mentioned in paragraph (a).

If the applicant is, or has previously been, in Australia as the holder of a Subclass 462 (Work and Holiday) visa other than an offshore COVID‑19 affected visa:

the applicant may be in or outside Australia, but not in immigration clearance; and

if, disregarding any COVID‑19 affected visa, the applicant has held only one Subclass 462 (Work and Holiday) visa in Australia—the application must be accompanied by a declaration by the applicant that he or she has carried out specified Subclass 462 work for a total period of at least 3 months as the holder of that visa; and

if, disregarding any COVID‑19 affected visa, the applicant has held 2 Subclass 462 (Work and Holiday) visas in Australia—the application must be accompanied by a declaration by the applicant that:

the applicant has carried out specified Subclass 462 work for a total period of at least 6 months; and

all of that work was carried out while the applicant held the second Subclass 462 (Work and Holiday) visa or while the applicant held a bridging visa that was in effect and was granted on the basis of the application for the second Subclass 462 (Work and Holiday) visa (made at a time when the applicant held the first Subclass 462 (Work and Holiday) visa); and

all of that work was carried out on or after 1 July 2019; and

disregarding any COVID‑19 affected visa, the applicant has not held more than 2 Subclass 462 (Work and Holiday) visas in Australia (including any Subclass 462 (Work and Holiday) visa held by the applicant at the time of application); and

if the applicant is in Australia, the applicant must hold a substantive visa or have held a substantive visa at any time in the period of 28 days immediately before making the application.

Subparagraphs (c)(ii) and (iia) do not apply if the applicant holds a passport of a kind specified by the Minister in a legislative instrument made for the purposes of this paragraph.

Subparagraphs (c)(ii) and (iia) do not apply if:

the application is made between 5 March 2022 and 31 December 2022; and

the applicant holds or held an onshore COVID‑19 affected visa; and

the applicant has not been granted a Subclass 462 (Work and Holiday) visa on the basis of another application made on or after 5 March 2022.

Subparagraph (c)(iv) does not apply if:

the application is made between 5 March 2022 and 31 December 2022; and

the applicant holds a bridging visa.

If:

the applicant is not, and has not previously been, in Australia as the holder of a Subclass 462 (Work and Holiday) visa; and

the applicant holds a valid passport issued by a foreign country specified by the Minister in a legislative instrument made for the purposes of this paragraph;

A determination made under subsection 46C(14) of the Act determines rules that apply in relation to the conduct of the relevant process, including when a person is a registered participant, and a selected participant, for the relevant process. It also provides for the giving of the notice referred to in item 3 of the table.

Subclasses: