Migration Regulations 1994

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, if:

the sponsored person holds a Subclass 408 (Temporary Activity) visa granted on the basis that the primary sponsored person satisfied the criteria in clause 408.224 (domestic worker) of Schedule 2; or

the last substantive visa held by the sponsored person was a Subclass 408 (Temporary Activity) visa granted on the basis that the primary sponsored person satisfied the criteria in clause 408.224 (domestic worker) of Schedule 2.

This regulation also applies to a person who is or was a long stay activity sponsor of a primary sponsored person or a secondary sponsored person if:

the primary sponsored person holds a Subclass 401 (Temporary Work (Long Stay Activity)) visa in the Domestic Worker (Executive) stream; or

the last substantive visa held by the primary sponsored person was a Subclass 401 (Temporary Work (Long Stay Activity)) visa in the Domestic Worker (Executive) stream.

The person must pay the travel costs of the sponsored person:

that will enable the sponsored person to travel to Australia, and leave Australia; and

that have not already been paid in accordance with this regulation; and

that are reasonable and necessary.

Without limiting paragraph (2)(c), a person is taken to have paid reasonable and necessary costs if:

the costs include the cost of travel:

to Australia; and

from the place of arrival in Australia to the sponsored person’s usual place of residence in Australia; and

the costs include the cost of travel from the 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 from which the sponsored person came to Australia; and

the costs are for economy class air travel or the equivalent of economy class air travel.

The obligation mentioned in subregulation (2):

if subregulation (1) applies—starts to apply on the day on which the primary sponsored person is granted the visa referred to in that subregulation; or

if subregulation (1A) applies—starts to apply on:

the day on which the Minister approves a nomination by the person in which the primary sponsored person is identified; or

if the primary sponsored person does not hold a Subclass 401 (Temporary Work (Long Stay Activity)) visa in the Domestic Worker (Executive) Stream on the day the Minister approves the nomination—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 a visa of a different subclass to the last substantive visa held by the primary sponsored person; and

is in effect; 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 in the Domestic Worker (Executive) Stream or the Subclass 408 (Temporary Activity) 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 in the Domestic Worker (Executive) Stream or a Subclass 408 (Temporary Activity) visa;

for a secondary 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 secondary sponsored person is granted a further substantive visa that:

is a visa of a different subclass to the last substantive visa held by the secondary sponsored person; and

is in effect; 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 in the Domestic Worker (Executive) Stream or the Subclass 408 (Temporary Activity) 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 in the Domestic Worker (Executive) Stream or a Subclass 408 (Temporary Activity) visa;