Migration Regulations 1994

For subsection 41(1) of the Act, a visa is subject to any conditions specified for that Subclass of visa in Schedule 2, subject to subregulation (2) and regulation 2.25AE.

Regulation 2.40A prescribes conditions in relation to special purpose visas taken to have been granted to airline positioning crew members and airline crew members.

For subsection 41(3) of the Act, the conditions that the Minister is permitted to impose on a visa are the conditions (if any) specified as permitted for that Subclass of visa in Schedule 2.

Conditions referred to by number in Schedule 2 are set out in Schedule 8: see the definition of condition in regulation 1.03.

For the purposes of subsections 29(2) and (3) of the Act (which deal with the period during which the holder of a visa may travel to, enter and remain in Australia), the limits on the period within which a person may:

remain in Australia; or

travel to, enter, and remain in Australia;

For subsection 41(2A) of the Act, the circumstances in which the Minister may waive a condition of a kind described in paragraph 41(2)(a) of the Act are that:

since the person was granted the visa that was subject to the condition, compelling and compassionate circumstances have developed:

over which the person had no control; and

that resulted in a major change to the person’s circumstances; and

if the Minister has previously refused to waive the condition, the Minister is satisfied that the circumstances mentioned in paragraph (a) are substantially different from those considered previously; and

if the person asks the Minister to waive the condition, the request is in writing.

For subsection 41(2A) of the Act, a further circumstance in which the Minister may waive condition 8503 in relation to a visa is that the holder of the visa has a genuine intention to apply for:

a General Skilled Migration visa; or

a Subclass 186 (Employer Nomination Scheme) visa; or

a Subclass 187 (Regional Sponsored Migration Scheme) visa; or

a Subclass 188 (Business Innovation and Investment (Provisional)) visa; or

a Subclass 191 (Permanent Residence (Skilled Regional)) visa; or

a Subclass 482 (Skills in Demand) visa; or

a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa.

For subsection 41(2A) of the Act, further circumstances in which the Minister may waive condition 8503 in relation to a visa are that the holder of the visa:

either:

holds a safe haven enterprise visa; or

is a lawful non‑citizen who has ever held a safe haven enterprise visa; and

satisfies the requirements of subregulation 2.06AAB(2).

For paragraph 41(2B)(b) of the Act, the following visas are prescribed:

a Subclass 400 (Temporary Work (Short Stay Specialist)) visa;

a Subclass 457 (Temporary Work (Skilled)) visa;

a Subclass 482 (Skills in Demand) visa;

a Subclass 482 (Temporary Skill Shortage) visa;

a Subclass 988 (Maritime Crew) visa held by a petroleum export tanker crew member.

For subsection 41(2A) of the Act, further circumstances in which the Minister may waive condition 8534 in relation to a visa are that the holder of the visa:

has completed the course for which the visa was granted; and

has a genuine intention to apply for:

a General Skilled Migration visa; or

a Subclass 186 (Employer Nomination Scheme) visa; or

a Subclass 187 (Regional Sponsored Migration Scheme) visa; or

a Subclass 188 (Business Innovation and Investment (Provisional)) visa; or

a Subclass 191 (Permanent Residence (Skilled Regional)) visa; or

a Subclass 482 (Skills in Demand) visa; or

a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa.