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MIGRATION AMENDMENT REGULATION 2013 (NO. 1) (SLI NO 32 OF 2013) - SCHEDULE 2

Amendments relating to Subclass 600 (Visitor) visa

   

Migration Regulations 1994

1   Regulation 1.03

Insert:

business visitor activity :

                     (a)  means any of the following activities undertaken by a person:

                              (i)  making a general business or employment enquiry;

                             (ii)  investigating, negotiating, entering into, or reviewing a business contract;

                            (iii)  an activity carried out as part of an official government to government visit;

                            (iv)  participation in a conference, trade fair or seminar in Australia unless the person is being paid by an organiser for participation; but

                     (b)  does not include either of the following activities:

                              (i)  an activity that is, or includes, undertaking work for, or supplying services to, an organisation or other person based in Australia;

                             (ii)  an activity that is, or includes, the sale of goods or services directly to the general public.

Note:          An example for paragraph (b) is making a general business enquiry of an organisation based in Australia and also undertaking work for the organisation as part of investigating a business opportunity.

2   After item 1235 of Schedule 1

Insert:

1236   Visitor (Class FA)

             (1)  Form:

                     (a)  For an applicant seeking to satisfy the primary criteria for a Subclass 600 (Visitor) visa in the Tourist stream:

                              (i)  1419; or

                             (ii)  if the applicant is in a class of persons specified by the Minister in an instrument in writing for this subparagraph--1419 (Internet).

Note:          See subitem (3).

                     (b)  For an applicant seeking to satisfy the primary criteria for a Subclass 600 (Visitor) visa in the Sponsored Family stream:

                              (i)  1418 and 1149; or

                             (ii)  if the applicant is in a class of persons specified by the Minister in an instrument in writing for this subparagraph--1419 (Internet).

Note:          See subitem (4).

                     (c)  For an applicant seeking to satisfy the primary criteria for a Subclass 600 (Visitor) visa in the Business Visitor stream:

                              (i)  1415; or

                             (ii)  if the applicant is in a class of persons specified by the Minister in an instrument in writing for this subparagraph--1419 (Internet).

Note:          See subitem (5).

                     (d)  For an applicant seeking to satisfy the primary criteria for a Subclass 600 (Visitor) visa in the Approved Destination Status stream: 48G or 48G (Electronic).

Note:          See subitem (6).

             (2)  Visa application charge:

                     (a)  First instalment (payable at the time the application is made):

Charge

Item

Column 1

Applicant

Column 2

Charge

1

An applicant who is in Australia at the time of application

$290

2

An applicant who is outside Australia at the time of application

$115

3

An applicant who applies in the course of acting as a representative of a foreign government

Nil

4

An applicant in a class of persons specified by the Minister in an instrument in writing for this item

Nil

                     (b)  Second instalment (payable before grant of visa): nil.

Tourist stream--additional requirements

             (3)  For an applicant seeking to satisfy the primary criteria for a Subclass 600 (Visitor) visa in the Tourist stream, the requirements in the table must be met.

Requirements

Item

Requirements

1

If the applicant is in Australia, the application must be made in Australia

2

If the applicant is outside Australia, the application must be made outside Australia

3

The applicant may make an oral application for the visa only if the applicant:

(a) is in Australia (but not in immigration clearance); and

(b) holds:

(i)   a Subclass 600 (Visitor) visa; or

(ii)  a Subclass 676 (Tourist) visa

Note:          Regulation 2.09 deals with oral applications.

Sponsored Family stream--additional requirements

             (4)  For an applicant seeking to satisfy the primary criteria for a Subclass 600 (Visitor) visa in the Sponsored Family stream, the requirements in the table must be met.

Requirements

Item

Requirements

1

The application must be made in a manner specified by the Minister in an instrument in writing for this item

2

The applicant must be outside Australia

Business Visitor stream--additional requirements

             (5)  For an applicant seeking to satisfy the primary criteria for a Subclass 600 (Visitor) visa in the Business Visitor stream, the requirements in the table must be met.

Requirements

Item

Requirements

1

The application must be made outside Australia

2

The applicant must be outside Australia

Approved Destination Status stream--additional requirements

             (6)  For an applicant seeking to satisfy the primary criteria for a Subclass 600 (Visitor) visa in the Approved Destination Status stream, the requirements in the table must be met.

Requirements

Item

Requirements

1

The applicant must be a citizen of PRC

2

The applicant must be in PRC at the time of application

3

The applicant must be intending to travel to Australia as a member of a tour organised by a travel agent specified by the Minister in an instrument in writing for this item

4

The application must be made at a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth in PRC

             (7)  Subclasses:

                   Subclass 600 (Visitor)

3   After Part 580 of Schedule 2

Insert:

Subclass 600 -- Visitor

600.1 -- Interpretation

Note 1:       For business visitor activity : see regulation 1.03.

Note 2:       There are no interpretation provisions specific to this Part.

600.2 -- Primary criteria

Note:          The primary criteria for the grant of a Subclass 600 visa include criteria set out in streams.

                   If an applicant applies for a Subclass 600 visa in the Tourist stream, the criteria in Subdivisions 600.21 and 600.22 are the primary criteria for the grant of the visa.

                   If an applicant applies for a Subclass 600 visa in the Sponsored Family stream, the criteria in Subdivisions 600.21 and 600.23 are the primary criteria.

                   If an applicant applies for a Subclass 600 visa in the Business Visitor stream, the criteria in Subdivisions 600.21 and 600.24 are the primary criteria.

                   If an applicant applies for a Subclass 600 visa in the Approved Destination Status stream, the criteria in Subdivisions 600.21 and 600.25 are the primary criteria.

                   The primary criteria must be satisfied by all applicants.

                   All criteria must be satisfied at the time a decision is made on the application.

600.21 -- Common criteria

Note:          These criteria are for all applicants seeking to satisfy the primary criteria for a Subclass 600 visa.

600.211

                   The applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted, having regard to:

                     (a)  whether the applicant has complied substantially with the conditions to which the last substantive visa, or any subsequent bridging visa, held by the applicant was subject; and

                     (b)  whether the applicant intends to comply with the conditions to which the Subclass 600 visa would be subject; and

                     (c)  any other relevant matter.

600.212

                   The applicant has:

                     (a)  adequate means to support himself or herself; or

                     (b)  access to adequate means to support himself or herself;

during the period of the applicant's intended stay in Australia.

600.213

             (1)  The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4011, 4013, 4014, 4020 and 4021.

             (2)  If the applicant has not turned 18, the applicant also satisfies public interest criteria 4012, 4017 and 4018.

600.214

                   The applicant satisfies special return criteria 5001, 5002 and 5010.

600.215

                   If the grant of the visa would result in the applicant being authorised to stay in Australia for more than 12 consecutive months as the holder of:

                     (a)  one or more visitor visas; or

                     (b)  a Subclass 417 (Working Holiday) visa; or

                     (c)  a Subclass 462 (Work and Holiday) visa;

exceptional circumstances exist for the grant of the visa.

600.22 -- Criteria for Tourist stream

Note:          These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 600 visa in the Tourist stream.

600.221

                   The applicant intends to visit Australia, or remain in Australia:

                     (a)  to visit an Australian citizen, or Australian permanent resident, who is a parent, spouse, de facto partner, child, brother or sister of the applicant; or

                     (b)  for any other purpose that is not related to business or medical treatment.

600.222

                   If the applicant:

                     (a)  is in Australia; and

                     (b)  holds a student visa, or has been the holder of a student visa since last entering Australia;

the visa is not sought for the purpose of commencing, continuing or completing a registered course in which the applicant is enrolled.

600.223

             (1)  If the applicant was in Australia at the time of application, and held a substantive temporary visa, the visa was not:

                     (a)  a Subclass 426 (Domestic Worker (Temporary)--Diplomatic or Consular) visa; or

                     (b)  a Subclass 403 (Temporary Work (International Relations)) visa in the Domestic Worker (Diplomatic or Consular) stream.

             (2)  If the applicant was in Australia at the time of application, and did not hold a substantive visa:

                     (a)  the last substantive visa the applicant held was not:

                              (i)  a Subclass 426 (Domestic Worker (Temporary)--Diplomatic or Consular) visa; or

                             (ii)  a Subclass 403 (Temporary Work (International Relations)) visa in the Domestic Worker (Diplomatic or Consular) stream; and

                     (b)  the applicant satisfies Schedule 3 criteria 3001, 3003, 3004 and 3005.

600.224

             (1)  Subclauses (2) to (4) apply if:

                     (a)  an applicant intends to visit Australia, or remain in Australia to visit an Australian citizen, or Australian permanent resident, who is a parent, spouse, de facto partner, child, brother or sister of the applicant; and

                     (b)  the Minister has required the applicant, and each other applicant who is a member of the applicant's family unit, or in relation to whom the applicant is a member of the family unit, to be sponsored by a settled Australian citizen, or a settled Australian permanent resident, who is at least 18 and:

                              (i)  a relative of the applicant; or

                             (ii)  a relative of another applicant who is a member of the family unit of the applicant; or

                            (iii)  a relative of another applicant in relation to whom the applicant is a member of the family unit.

             (2)  The applicant is sponsored as required by the Minister.

             (3)  The sponsorship has been approved by the Minister and is still in force.

             (4)  If the applicant is not a relative of the sponsor, a Subclass 600 visa in the Tourist stream has been granted to another person who is:

                     (a)  a relative of the sponsor; and

                     (b)  sponsored by the sponsor in relation to the applicant's visit.

600.225

             (1)  Subclause (2) applies if:

                     (a)  the Minister has required the applicant to be sponsored as described in paragraph 600.224(1)(b); and

                     (b)  the applicant is sponsored as required by the Minister; and

                     (c)  the sponsorship has been approved by the Minister and is still in force; and

                     (d)  an officer authorised under section 269 of the Act (which deals with security for compliance with the Act) has asked for the lodgement of a security.

             (2)  The security has been lodged.

600.23 -- Criteria for Sponsored Family stream

Note:          These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 600 visa in the Sponsored Family stream.

600.231

                   The applicant intends to visit Australia:

                     (a)  to visit an Australian citizen, or Australian permanent resident, who is a parent, spouse, de facto partner, child, brother or sister of the applicant; or

                     (b)  for any other purpose that is not related to business or medical treatment.

600.232

             (1)  One of subclauses (2) to (4) applies.

             (2)  The applicant is sponsored by a settled Australian citizen, or a settled Australian permanent resident, who is at least 18 and:

                     (a)  a relative of the applicant; or

                     (b)  a relative of another applicant who is a member of the family unit of the applicant; or

                     (c)  a relative of another applicant in relation to whom the applicant is a member of the family unit.

             (3)  The applicant is sponsored by a settled Australian citizen, or a settled Australian permanent resident, who:

                     (a)  is a member of the Commonwealth Parliament or a State Parliament; or

                     (b)  is a member of the Legislative Assembly of the Australian Capital Territory or the Northern Territory; or

                     (c)  holds the office of mayor.

             (4)  The applicant is sponsored by a Commonwealth government agency or instrumentality or a State or Territory government agency or instrumentality.

600.233

                   If subclause 600.232(2) applies, and if the applicant is not a relative of the sponsor, a Subclass 600 visa in the Sponsored Family stream has been granted to another person who is:

                     (a)  a relative of the sponsor; and

                     (b)  sponsored by the sponsor in relation to the applicant's visit.

600.234

                   The sponsorship described in subclause 600.232(2), (3) or (4) has been approved by the Minister and is still in force.

600.235

                   If an officer authorised under section 269 of the Act (which deals with security for compliance with the Act) has asked for the lodgement of a security, the security has been lodged.

600.24 -- Criteria for Business Visitor stream

Note:          These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 600 visa in the Business Visitor stream.

600.241

                   The applicant intends to visit Australia to engage in a business visitor activity.

600.242

                   The applicant does not intend to engage in activities that will have adverse consequences for employment or training opportunities, or conditions of employment, for Australian citizens or Australian permanent residents.

600.25 -- Criteria for Approved Destination Status stream

Note:          These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 600 visa in the Approved Destination Status stream.

600.251

             (1)  The applicant is a citizen of PRC.

             (2)  The applicant is resident in an area of PRC specified by the Minister in an instrument in writing for this subclause.

600.252

                   The applicant intends to travel to Australia as a member of a tour organised by a travel agent specified by the Minister in an instrument in writing for item 3 of the table in subitem 1236(6) of Schedule 1.

600.253

                   The applicant intends to travel to Australia for the purpose of sightseeing and related activities.

600.254

                   A statement of the travel and touring arrangements has been provided to the Minister.

600.3 -- Secondary criteria

Note:          There are no secondary criteria for this Part. The primary criteria must be satisfied by all applicants.

600.4 -- Circumstances applicable to grant

600.411

                   If the applicant is in Australia at the time of application, the applicant must be in Australia at the time of grant.

600.412

                   If the applicant is outside Australia at the time of application, the applicant must be outside Australia at the time of grant.

600.413

                   An applicant for a Subclass 600 visa in the Approved Destination Status stream must be in PRC at the time of grant.

600.5 -- When visa is in effect

600.511

             (1)  If the visa:

                     (a)  is granted to an applicant in Australia; and

                     (b)  does not specify that it permits the holder to travel to and enter Australia;

temporary visa permitting the holder to remain in Australia for a period, or until a date, specified by the Minister.

             (2)  If the visa:

                     (a)  is granted to an applicant in Australia; and

                     (b)  specifies that it permits the holder to travel to and enter Australia;

temporary visa permitting the holder to travel to, and enter, Australia on one or more occasions, as specified by the Minister, until a date specified by the Minister and to remain in Australia, after each entry, for a period, or until a date, specified by the Minister.

600.512

                   If the visa is granted to an applicant outside Australia, temporary visa permitting the holder to travel to, and enter, Australia on one or more occasions, as specified by the Minister, until a date specified by the Minister and to remain in Australia, after each entry, for a period, or until a date, specified by the Minister.

600.513

                   Despite clauses 600.511 and 600.512, if:

                     (a)  the visa is granted to an applicant on the basis of a deemed application under regulation 2.07AA; and

                     (b)  the applicant already holds a substantive visa that is in effect at the time of grant;

the Subclass 600 visa comes into effect when the other substantive visa ceases to be in effect.

Note:          If the visa period of the Subclass 600 visa ends before the other substantive visa ceases, the Subclass 600 visa never comes into effect.

600.6 -- Conditions

600.611

             (1)  Subclauses (2) to (4) apply if the visa is a Subclass 600 visa in the Tourist stream.

             (2)  If the sponsorship described in clause 600.224 has been approved by the Minister, conditions 8101, 8201, 8503, and 8531 must be imposed.

             (3)  If the applicant was not sponsored in accordance with clause 600.224, and subclause (4) does not apply :

                     (a)  conditions 8101 and 8201 must be imposed; and

                     (b)  conditions 8501, 8503 and 8558 may be imposed.

             (4)  If:

                     (a)  the applicant is suffering financial hardship as a result of changes in the applicant's circumstances after entering Australia; and

                     (b)  the applicant, or a member of the applicant's immediate family, is likely to become a charge on the Commonwealth, a State, a Territory or a public authority in Australia; and

                     (c)  for reasons beyond the applicant's control, the applicant, or a member of the applicant's immediate family, cannot leave Australia; and

                     (d)  the applicant has compelling personal reasons to work in Australia;

condition 8201 must be imposed and condition 8503 may be imposed.

600.612

                   If the visa is a Subclass 600 visa in the Sponsored Family stream, conditions 8101, 8201, 8503, and 8531 must be imposed.

600.613

                   If the visa is a Subclass 600 visa in the Business Visitor stream:

                     (a)  conditions 8115 and 8201 must be imposed; and

                     (b)  condition 8503 may be imposed.

600.614

                   If the visa is a Subclass 600 visa in the Approved Destination Status stream, conditions 8101, 8207, 8503 and 8530 must be imposed.

4   After clause 8114 of Schedule 8

Insert:

8115           The holder must not work in Australia other than by engaging in a business visitor activity.



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