Obligation to pay travel costs to enable sponsored persons to leave Australia
2.80 Obligation to pay travel costs to enable sponsored persons to leave Australia
This regulation applies to a person who is or was:
a temporary activities sponsor or a long stay activity sponsor of a primary sponsored person or a secondary sponsored person (the sponsored person), if:
the primary sponsored person holds a Subclass 408 (Temporary Activity) visa granted on the basis that the primary sponsored person satisfied the criteria in clause 408.223 (religious worker) of Schedule 2; or
the last substantive visa held by the primary sponsored person was a Subclass 408 (Temporary Activity) visa granted on the basis that the primary sponsored person satisfied the criteria in clause 408.223 (religious worker) of Schedule 2; or
a long stay activity sponsor of a primary sponsored person or a secondary sponsored person (the sponsored person), if:
the primary sponsored person holds a Subclass 401 (Temporary Work (Long Stay Activity)) visa in the Religious Worker stream; or
the last substantive visa held by the primary sponsored person was a Subclass 401 (Temporary Work (Long Stay Activity)) visa in the Religious Worker stream; or
a professional development sponsor of a primary sponsored person (the sponsored person), if:
the primary sponsored person holds a Subclass 402 (Training and Research) visa in the Professional Development stream; or
the last substantive visa held by the primary sponsored person was a Subclass 402 (Training and Research) visa in the Professional Development stream; or
a special program sponsor of a primary sponsored person or a secondary sponsored person (the sponsored person), if:
the primary sponsored person holds a Subclass 416 (Special Program) visa granted on the basis that the person satisfied the criterion in paragraph 416.222(a) of Schedule 2; or
the last substantive visa held by the primary sponsored person was a Subclass 416 (Special Program) visa granted on that basis; or
a temporary activities sponsor or a special program sponsor of a primary sponsored person or a secondary sponsored person (the sponsored person), if:
the primary sponsored person holds a Subclass 408 (Temporary Activity) visa granted on the basis that the primary sponsored person satisfied the criteria in clause 408.228 (special program) of Schedule 2; or
the last substantive visa held by the primary sponsored person was a Subclass 408 (Temporary Activity) visa granted on the basis that the primary sponsored person satisfied the criteria in clause 408.228 (special program) of Schedule 2; or
a party to a work agreement (other than a Minister), and who is or was an approved work sponsor of a primary sponsored person or secondary sponsored person (the sponsored person), if
the primary sponsored person holds a Subclass 457 (Temporary Work (Skilled)) visa, a Subclass 482 (Skills in Demand) visa, a Subclass 482 (Temporary Skill Shortage) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa; or
the last substantive visa held by the primary sponsored person was a Subclass 457 (Temporary Work (Skilled)) visa, a Subclass 482 (Skills in Demand) visa, a Subclass 482 (Temporary Skill Shortage) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa; or
a standard business sponsor of a primary sponsored person or a secondary sponsored person (the sponsored person), if:
the primary sponsored person holds a Subclass 457 (Temporary Work (Skilled)) visa, a Subclass 482 (Skills in Demand) visa, a Subclass 482 (Temporary Skill Shortage) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa; or
the last substantive visa held by the primary sponsored person was a Subclass 457 (Temporary Work (Skilled)) visa, a Subclass 482 (Skills in Demand) visa, a Subclass 482 (Temporary Skill Shortage) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa.
The person must pay the travel costs of the primary sponsored person or the secondary sponsored person:
if the costs have been requested in writing by:
the Minister on behalf of the primary sponsored person or the secondary sponsored person; or
the primary sponsored person; or
the primary sponsored person on behalf of the secondary sponsored person; or
the secondary sponsored person; or
the secondary sponsored person on behalf of the primary sponsored person; and
that have not already been paid in accordance with this regulation; and
that are reasonable and necessary.
The request to pay travel costs must:
specify the person or persons whose travel will be funded by the costs; and
specify the country that the person, whose travel will be funded, holds a passport for and will travel to; and
if the person is a multiple passport holder—specify the country that the person holds a passport for and wants to travel to; and
be made while the person whose travel will be funded is the holder of the Subclass 401 (Temporary Work (Long Stay Activity)) visa, the Subclass 402 (Training and Research) visa, the Subclass 408 (Temporary Activity) visa, the Subclass 416 (Special Program) visa, the Subclass 457 (Temporary Work (Skilled)) visa, the Subclass 482 (Skills in Demand) visa, the Subclass 482 (Temporary Skill Shortage) visa or the Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa.
Without limiting paragraph (2)(c), a person is taken to have paid reasonable and necessary costs if:
the costs include the cost of travel from the primary sponsored person’s usual place of residence in Australia to the place of departure from Australia; and
the costs include the cost of travel from Australia to the country the person specifies in accordance with subregulation (3); and
the costs are paid within 30 days of receiving the request for costs; and
the costs are for economy class air travel or the equivalent of economy class air travel.
The obligation mentioned in subregulation (2):
starts to apply:
if the primary sponsored person holds a Subclass 402 (Training and Research) visa—on the day the primary sponsored person is granted the visa; or
if the primary sponsored person or secondary sponsored person holds a Subclass 408 (Temporary Activity) visa or a Subclass 416 (Special Program) visa—on the day the primary sponsored person or secondary sponsored person is granted the visa; or
if the primary sponsored person or secondary sponsored person holds a Subclass 401 (Temporary Work (Long Stay Activity)) visa, a Subclass 457 (Temporary Work (Skilled)) visa, a Subclass 482 (Skills in Demand) visa, a Subclass 482 (Temporary Skill Shortage) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa:
on the day on which the Minister approves a nomination by the person that identifies the primary sponsored person; or
if the primary sponsored person does not hold the visa on the day the Minister approves the nomination—on the day on which the primary sponsored person is granted the visa on the basis of being identified in an approved nomination by the person; and
for a primary sponsored person—ends on the earliest of:
the day on which the Minister approves a nomination under section 140GB of the Act by another approved work sponsor in which the primary sponsored person is identified; and
the day on which the primary sponsored person is granted a further substantive visa that is in effect and is:
if the last substantive visa held by the primary sponsored person was a Subclass 457 (Temporary Work (Skilled)) visa—a visa that is not a Subclass 457 (Temporary Work (Skilled)) visa, a Subclass 482 (Skills in Demand) visa or a Subclass 482 (Temporary Skill Shortage) visa; or
in any other case—a visa of a different subclass to the last substantive visa held by the primary sponsored person; and
the first day on which each of the following has occurred:
the primary sponsored person has left Australia;
the Subclass 401 (Temporary Work (Long Stay Activity)) visa, the Subclass 402 (Training and Research) visa, the Subclass 408 (Temporary Activity) visa, the Subclass 416 (Special Program) visa, the Subclass 457 (Temporary Work (Skilled)) visa, the Subclass 482 (Skills in Demand) visa, the Subclass 482 (Temporary Skill Shortage) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa has ceased to be in effect;
if:
the primary sponsored person held a Subclass 020 (Bridging B) visa when the primary sponsored person left Australia; and
the last substantive visa held by the primary sponsored person was a Subclass 401 (Temporary Work (Long Stay Activity)) visa, a Subclass 402 (Training and Research) visa, a Subclass 408 (Temporary Activity) visa, a Subclass 416 (Special Program) visa, a Subclass 457 (Temporary Work (Skilled)) visa, a Subclass 482 (Skills in Demand) visa, a Subclass 482 (Temporary Skill Shortage) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa;
the bridging visa has ceased to be in effect; and
for a secondary sponsored person—ends on the earliest of:
the day on which the Minister approves a nomination by another approved work sponsor in which the primary sponsored person is identified; and
the day on which the secondary sponsored person is granted a further substantive visa that is in effect and is:
if the last substantive visa held by the secondary sponsored person was a Subclass 457 (Temporary Work (Skilled)) visa—a visa that is not a Subclass 457 (Temporary Work (Skilled)) visa, a Subclass 482 (Skills in Demand) visa or a Subclass 482 (Temporary Skill Shortage) visa; or
in any other case—a visa of a different subclass to the last substantive visa held by the secondary sponsored person; and
the first day on which each of the following has occurred:
the secondary sponsored person has left Australia;
the Subclass 401 (Temporary Work (Long Stay Activity)) visa, the Subclass 408 (Temporary Activity) visa, the Subclass 416 (Special Program) visa, the Subclass 457 (Temporary Work (Skilled)) visa, the Subclass 482 (Skills in Demand) visa, the Subclass 482 (Temporary Skill Shortage) visa or the Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa has ceased to be in effect;
if:
the secondary sponsored person held a Subclass 020 (Bridging B) visa when the secondary sponsored person left Australia; and
the last substantive visa held by the secondary sponsored person was a Subclass 401 (Temporary Work (Long Stay Activity)) visa, a Subclass 408 (Temporary Activity) visa, a Subclass 416 (Special Program) visa, a Subclass 457 (Temporary Work (Skilled)) visa, a Subclass 482 (Skills in Demand) visa, a Subclass 482 (Temporary Skill Shortage) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa;
the bridging visa has ceased to be in effect.
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