ATTACHMENT A

 

AUTHORISING PROVISIONS

 

Subsection 504(1) of the Migration Act 1958 (the Migration Act) relevantly provides that the Governor-General may make regulations, not inconsistent with the Migration Act, prescribing all matters which by the Migration Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Migration Act.

 

In addition, the following provisions of the Migration Act may apply:

 

*         section 45A of the Act, which provides that a non-citizen who makes an application for a visa is liable to pay a visa application charge if, assuming the charge were paid, the application would be a valid visa application;

 

*         subsection 45B(1) of the Act, which provides that the amount of the visa application charge is the amount, not exceeding the visa application charge limit, prescribed in relation to the application.  The visa application charge limit is determined under the VAC Act; and

 

*         section 45C of the Act, which deals with regulations about the visa application charge.  In particular:

 

o   subsection 45C(1) of the Act, which provides that the Migration Regulations 1994 (the Regulations) may provide that the visa application charge may be payable in instalments, and specify how those instalments are to be calculated and when instalments are payable; and

 

o   paragraph 45C(2)(a) of the Act, which relevantly provides that the Regulations may make provision for and in relation to various matters, including the recovery of the visa application charge in relation to visa applications and the way, including the currency, in which visa application charge is to be paid.

 

The following provisions of the Migration (Visa Application) Charge Act 1997 may also apply:

 

*                     section 4, which imposes a visa application charge payable under section 45A of the Act; and

 

*                     section 5, which limits the visa application charge and provides the formula to calculate the charge limit for later financial years.

 

 

ATTACHMENT B

 

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Migration Amendment (Visa Application Charges) Regulations 2017

 

ADJUSTMENT OF VISA APPLICATION CHARGES 

This Disallowable Legislative Instrument, titled the Migration Amendment (Visa Application Charges) Regulations 2017 (the Regulations) is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Disallowable Legislative Instrument

The Regulations make amendments to increase first instalment Visa Application Charges (VACs) in accordance with the 2017-18 forecast consumer price index (CPI), as published in Budget Paper No.1 2017. The amendments will come into effect on 1 July 2017. The adjusted VACs are within limits calculated under the Migration (Visa Application) Charge Act 1997 (VAC Act).

In addition, the Regulations amend the first and second instalment VACs for the Subclass 202 (Global Special Humanitarian) visa to ensure that the total VAC payable for this visa is within the cap set by the VAC Act.

 

Human rights implications

The Regulations do not engage any of the applicable rights or freedoms.

 

Conclusion

The Regulations are compatible with human rights as they do not raise any human rights issues.

 

 

 

 

The Hon. Peter Dutton MP, Minister for Immigration and Border Protection

 

ATTACHMENT C

 

Details of the Migration Amendment (Visa Application Charges) Regulations 2017

 

Section 1 - Name

 

This section provides that the title of the Regulations is the Migration Amendment (Visa Application Charges) Regulations 2017 (the Regulations).

 

Section 2 - Commencement

 

This section provides that the Regulations commence immediately after the commencement of the Migration Legislation Amendment (2017 Measures No. 2) Regulations 2017.

 

The Migration Legislation Amendment (2017 Measures No. 2) Regulations 2017 (the 2017 Measures No.2 Regulations) includes a new visa stream in the Subclass 189 (Skilled-Independent) visa for New Zealand citizens. The 2017 Measures No.2 Regulations commence on 1 July 2017 and refer to the non-indexed VAC.  The amendments made by these Regulations increase the visa application charges (VACs) for the new stream in accordance with CPI.  In order to ensure the indexation of the VAC has effect it must commence immediately after the 2017 Measures No.2 Regulations which refer to the non-indexed VAC.

 

The purpose of this section is to provide for when the amendments made by the Regulations commence.

 

Section 3 - Authority

 

This section provides that the Regulations are made under the Migration Act 1958 (the Migration Act).

 

The purpose of this section is to set out the Act under which the Regulations are made.

 

Section 4 - Schedules

 

This section provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

 

The effect of this section is that the Migration Regulations 1994 (the Migration Regulations) are amended as set out in the applicable items in the Schedules to the Regulation.

 

The purpose of this section is to provide for how the amendments in these Regulations operate.

 

Schedule 1 - Amendments

 

Migration Regulations 1994

 

The Regulations give effect to the Government's decision as part of the 2017-18 Budget to adjust the price of a number of first instalment VACs.

 

The amount of the increase in these items does not exceed the limit determined in the Migration (Visa Application) Charge Act 1997.

 

Part 1 - Indexation of visa application charges

 

Items 1-3 - Paragraph 1104AA(2)(a) of Schedule 1 (table items 1-3)

 

This item amends the first instalment VACs for the Business Skills - Business Talent (Permanent) (Class EA) visa (Subclass 132 (Business Talent) visa) as follows:

*         increase to the base application charge from $6 990 to $7 130;

*         increase to the additional applicant charge from $3 495 to $3 565 for an applicant who is at least 18; and

*         increase to the additional applicant charge from $1 745 to $1 780 for an applicant who is less than 18.

 

Items 4-6 - Paragraph 1104BA(2)(a) of Schedule 1 (table items 1-3)

 

This item amends the  first instalment VACs for the Business Skills (Permanent) (Class EC) visa (Subclass 888 (Business Innovation and Investment (Permanent) visa) as follows:

*         increase to the base application charge from $2 305 to $2 350;

*         increase to the additional applicant charge from $1 155 to $1 180 for an applicant who is at least 18; and

*         increase to the additional applicant charge from $575 to $585 for an applicant who is less than 18.

 

Items 7-11 - Subparagraph 1104B(2)(a)(i) of Schedule 1 (table items 1-2) and Subparagraph 1104BA(2)(a)(ii) of Schedule 1 (table items 1-3)

 

This item amends the first instalment VACs for the Business Skills (Residence) (Class DF) visa (Subclass 890 (Business Owner) visa, Subclass 891 (Investor) visa, Subclass 892 (State/Territory Sponsored Business Owner) visa and Subclass 893 (State/Territory Sponsored Investor) visa) as follows:

*         for an applicant who is the holder of a Skilled Independent Regional (Provisional) (Class UX) visa or whose application is combined, or sought to be combined, with an application made by that holder:

o   increase to the base application charge from $325 to $330; and

o   increase to the additional applicant charge from $165 to $170 for an applicant who is at least 18; and

 

*         for any other applicant:

o   increase to the base application charge from $2 180 to $2 225;

o   increase to the additional applicant charge from $1 090 to $1 110 for an applicant who is at least 18; and

o   increase to the additional applicant charge from $545 to $555 for an applicant who is less than 18.

 

 

 

Items 12-17 - Subparagraph 1108(2)(a)(i) of Schedule 1 (table items 1-3) and Subparagraph 1108(2)(a)(ii) of Schedule 1 (table items 1-3)

 

This item amends the first instalment VACs for the Child (Migrant)(Class AH) visa (Subclass 101 (Child) visa, Subclass 102 (Adoption) visa and Subclass 117 (Orphan Relative) visa) as follows:

*         for an applicant who appears to the Minister, on the basis of information contained in the application, to be an orphan relative or whose application is combined, or sought to be combined, with an application made by that person:

o   increase to the base application charge from $1 450 to $1 480;

o   increase to the additional applicant charge from $725 to $740 for an applicant who is at least 18; and

o   increase to the additional applicant charge from $365 to $370 for an applicant who is less than 18.

 

*         for any other applicant:

o   increase to the base application charge from $2 370 to $2 415;

o   increase to the additional applicant charge from $1 185 to $1 210 for an applicant who is at least 18; and

o   increase to the additional applicant charge from $595 to $605 for an applicant who is less than 18.

 

Items 18-23 - Subparagraph 1108A(2)(a)(i) of Schedule 1 (table items 1-3) and Subparagraph 1108A(2)(a)(iv) of Schedule 1 (table items 1-3)

 

This item amends the first instalment VACs for the Child (Residence) (Class BT) visa (Subclass 802 (Child) visa, Subclass 837 (Orphan Relative) visa) as follows:

*         for an applicant who appears to the Minister, on the basis of information contained in the application, to be an orphan relative or whose application is combined, or sought to be combined, with an application made by that person:

o   increase to the base application charge from $1 450 to $1 480;

o   increase to the additional applicant charge from $725 to $740 for an applicant who is at least 18; and

o   increase to the additional applicant charge from $365 to $370 for an applicant who is less than 18.

 

*         for any other applicant:

o   increase to the base application charge from $2 370 to $2 415;

o   increase to the additional applicant charge from $1 185 to $1 210 for an applicant who is at least 18; and

o   increase to the additional applicant charge from $595 to $605 for an applicant who is less than 18.

 

Items 24-25 - Subparagraph 1111(2)(a)(i) of Schedule 1 (table items 1-2)

 

This item amends the first instalment VACs for the Confirmatory (Residence) (Class AK) visa (Subclass 808 (Confirmatory) visa) as follows:

*         for an applicant covered by subitem (2A):  

o   increase to the base application charge from $275 to $280;

o   increase to the additional applicant charge from $140 to $145 for an applicant who is at least 18.

 

Items 26-28 - Paragraph 1112(2)(a) of Schedule 1 (table items 1-3)

 

This item amends the first instalment VACs for the Distinguished Talent (Migrant) (Class AL) visa (Subclass 124 (Distinguished Talent) visa) as follows:

*         increase to the base application charge from $3 655 to $3 730;

*         increase to the additional applicant charge from $1 830 to $1 865 for an applicant who is at least 18; and

*         increase to the additional applicant charge from $915 to $935 for an applicant who is less than 18.

 

Items 29-31 - Paragraph 1113(2)(a) of Schedule 1 (table items 1-3)

 

This item amends the first instalment VACs for the Distinguished Talent (Residence) (Class BX) visa (Subclass 858 (Distinguished Talent) visa) as follows:

*         increase to the base application charge from $3 655 to $3 730;

*         increase to the additional applicant charge from $1 830 to $1 865 for an applicant who is at least 18; and

*         increase to the additional applicant charge from $915 to $935 for an applicant who is less than 18.

 

Items 32-34 - Paragraph 1114B(2)(a) of Schedule 1 (table items 1-3)

 

This item amends the first instalment VACs for the Employer Nomination (Permanent) (Class EN) visa (Subclass 186 (Employer Nomination Scheme) visa) as follows:

*         increase to the base application charge from $3 600 to $3 670;

*         increase to the additional applicant charge from $1 800 to $1 835 for an applicant who is at least 18; and

*         increase to the additional applicant charge from $900 to $920 for an applicant who is less than 18.

 

Items 35-37 - Paragraph 1114C(2)(a) of Schedule 1 (table items 1-3)

 

This item amends the first instalment VACs for the Regional Employer Nomination (Permanent) (Class RN) visa (Subclass 187 (Regional Sponsored Migration Scheme) visa) as follows:

*         increase to the base application charge from $3 600 to $3 670;

*         increase to the additional applicant charge from $1 800 to $1 835 for an applicant who is at least 18; and

*         increase to the additional applicant charge from $900 to $920 for an applicant who is less than 18.

 

Items 38-43 - Subparagraph 1118A(2)(a)(i) of Schedule 1 (table items 1-3) and subparagraph 1118A(2)(a)(ii) of Schedule 1 (table items 1-3)

 

This item amends the first instalment VACs for the Special Eligibility (Class CB) visa (Subclass 151 (Former Resident) visa) as follows:

*         for an applicant who is in Australia at the time of application or whose application is combined, or sought to be combined, with an application made by that person:

o   increase to the base application charge from $3 520 to $3 590;

o   increase to the additional applicant charge from $1 760 to $1 795 for an applicant who is at least 18; and

o   increase to the additional applicant charge from $880 to $900 for an applicant who is less than 18.

 

*         For an applicant who is outside Australia at the time of application and whose application is combined, or sought to be combined with an application made by that person:

o   increase to the base application charge from $3 520 to $3 590;

o   increase to the additional applicant charge from $1 760 to $1 795 for an applicant who is at least 18; and

o   increase to the additional applicant charge from $880 to $900 for an applicant who is less than 18.

 

Items 44-49 - Subparagraph 1123A(2)(a)(i) of Schedule 1 (table items 1-3) and subparagraph 1123A(2)(a)(ii) of Schedule 1 (table items 1-3)

 

This item amends the first instalment VACs for the Other Family (Migrant) (Class BO) visa (Subclass 114 (Aged Dependant Relative) visa, subclass 115 (Remaining Relative) visa and subclass 116 (Carer) visa) as follows:

*         for an applicant who appears to the Minister, on the basis of information contained in the application, to be a carer or whose application is combined, or sought to be combined, with an application made by the person:

o   increase to the base application charge from $1 595 to $1 625;

o   increase to the additional applicant charge from $800 to $815 for an applicant who is at least 18; and

o   increase to the additional applicant charge from $400 to $410 for an applicant who is less than 18.

 

*         For any other applicant:

o   increase to the base application charge from $3 870 to $3 945;

o   increase to the additional applicant charge from $1 935 to $1 975 for an applicant who is at least 18; and

o   increase to the additional applicant charge from $970 to $990 for an applicant who is less than 18.

 

Items 50-55 - Subparagraph 1123B(2)(a)(i) of Schedule 1 (table items 1-3) and subparagraph 1123B(2)(a)(ii) of Schedule 1 (table items 1-3)

 

This item amends the first instalment VACs for the Other Family (Residence) (Class BU) visa (Subclass 835 (Remaining Relative) visa, subclass 836 (Carer) visa and subclass 838 (Aged Dependent Relative) visa) as follows:

*         for an applicant who appears to the Minister, on the basis of information contained in the application, to be a carer or whose application is combined, or sought to be combined, with an application made by the person:

o   increase to the base application charge from $1 595 to $1 625;

o   increase to the additional applicant charge from $800 to $815 for an applicant who is at least 18; and

o   increase to the additional applicant charge from $400 to $410 for an applicant who is less than 18.

 

*         For any other applicant:

o   increase to the base application charge from $3 870 to $3 945;

o   increase to the additional applicant charge from $1 935 to $1 975 for an applicant who is at least 18; and

o   increase to the additional applicant charge from $970 to $990 for an applicant who is less than 18.

 

Items 56-58 - Paragraph 1124(2)(a) of Schedule 1 (table items 1-3) and paragraph 1124(2)(a)(ii) of Schedule 1 (table items 1-3)

 

This item amends the first instalment VACs for the Parent (Migrant) (Class AX) visa (Subclass 103 (Parent) visa) as follows:

*         increase to the base application charge from $3 870 to $3 945;

*         increase to the additional applicant charge from $1 935 to $1 975 for an applicant who is at least 18; and

*         increase to the additional applicant charge from $970 to $990 for an applicant who is less than 18.

Items 59-61 - Paragraph 1124A(2)(a) of Schedule 1 (table items 1-3)

 

This item amends the first instalment VACs for the Aged Parent (Residence) (Class BP) visa (Subclass 804 (Parent) visa) as follows:

*         increase to the base application charge from $3 870 to $3 945;

*         increase to the additional applicant charge from $1 935 to $1 975 for an applicant who is at least 18; and

*         increase to the additional applicant charge from $970 to $990 for an applicant who is less than 18.

Items 62-78 - Subparagraph 1124B(2)(a)(ii) of Schedule 1 (table items 1-2) and subparagraph 1124B(2)(a)(iii) (table items 1-3), subparagraph 1124B(2)(a)(iv) (table items 1-3), subparagraph 1124B(2)(a)(v) (table items 1-3), subparagraph 1124B(2)(a)(vi) (table items 1-3) and subparagraph 1124B(2)(a)(vii) (table items 1-3)

 

This item amends the first instalment VACs for the Partner (Residence) (Class BS) visa (Subclass 801 (Parent) visa) as follows:

*         for an applicant who is the holder of a transitional (temporary) visa, granted on the basis that the holder satisfied the criteria for the grant of an extended eligibility entry permit under the Migration (1989) Regulations or whose application is combined, or sought to be combined, with an application made by that person:

o   increase to the base application charge from $410 to $420;

o   increase to the additional applicant charge from $205 to $210 for an applicant who is at least 18.

*         for an applicant who is not the holder of a substantive visa and entered Australia before 19 December 1989 and, at the time of entry, was engaged to be married to a person who was an Australian citizen or Australian permanent resident, and has subsequently married that person or whose application is combined, or sought to be combined, with an application made by that person:

o   increase to the base application charge from $1 450 to $1 480;

o   increase to the additional applicant charge from $725 to $740 for an applicant who is at least 18; and

o   increase to the additional applicant charge from $365 to $370 for an applicant who is less than 18.

 

*         for an applicant who is not the holder of a substantive visa and entered Australia on or after 19 December 1989 as the holder of a prospective marriage (code number 300) entry permit granted under the Migration (1989) Regulations, or a Class 300 (prospective marriage) entry permit granted under the Migration (1993) Regulations, and ceased to hold a substantive visa after marrying the Australian citizen or Australian permanent resident whom the applicant entered Australia to marry or whose application is combined, or sought to be combined, with an application made by that person:

o   increase to the base application charge from $1 450 to $1 480;

o   increase to the additional applicant charge from $725 to $740 for an applicant who is at least 18; and

o   increase to the additional applicant charge from $365 to $370 for an applicant who is less than 18.

 

*         for an applicant who is the holder of a Prospective Marriage (Temporary) (Class TO) visa and is married to a person who was specified as the applicant's intended spouse in the application for that visa and seeks to remain in Australia permanently on the basis of that marriage or whose application is combined, or sought to be combined, with an application made by that person:

o   increase to the base application charge from $1 145 to $1 170;

o   increase to the additional applicant charge from $575 to $585 for an applicant who is at least 18; and

o   increase to the additional applicant charge from $285 to $290 for an applicant who is less than 18.

 

*         In the case of an applicant who is not the holder of a substantive visa and entered Australia as the holder of a Prospective Marriage (Temporary) (Class TO) visa and ceased to hold that visa after marrying the Australian citizen, Australian permanent resident or eligible New Zealand citizen whom the applicant entered Australia to marry and seeks to remain in Australia permanently on the basis of that marriage or whose application is combined, or sought to be combined, with an application made by that person:

o   increase to the base application charge from $1 450 to $1 480;

o   increase to the additional applicant charge from $725 to $740 for an applicant who is at least 18; and

o   increase to the additional applicant charge from $365 to $370 for an applicant who is less than 18.

 

*         For any other applicant:

o   increase to the base application charge from $6 865 to $7 000;

o   increase to the additional applicant charge from $3 435 to $3 505 for an applicant who is at least 18; and

o   increase to the additional applicant charge from $1 720 to $1 755 for an applicant who is less than 18.

 

Items 79 - Paragraph 1128(2)(a) of Schedule 1

 

This item amends the first instalment VACs for the Return (Residence) (Class BB) visa (Subclass 155 (Five Year Resident Return) and 157 (Three Month Resident Return) visa) as follows:

*         increase to the base application charge from $360 to $365.

Items 80-82 - Paragraph 1129(2)(a)(ii) of Schedule 1 (table items 1-3)

 

This item amends the first instalment VACs for the Partner (Migrant) (Class BC) visa (Subclass 100 (Partner) visa) as follows:

*         for an applicant who is the holder of a subclass 445 (Dependent Child) visa or whose application is combined, or sought to be combined, with an application made by that person, the amount is nil and for any other applicant:

o   increase to the base application charge from $6 865 to $7 000;

o   increase to the additional applicant charge from $3 435 to $3 505 for an applicant who is at least 18; and

o   increase to the additional applicant charge from $1 720 to $1 755 for an applicant who is less than 18.

Items 83-94 - Subparagraph 1130(2)(a)(i) of Schedule 1 (table items 1-2), subparagraph 1130(2)(a)(ii) of Schedule 1 (table items 1-2), subparagraph 1130(2)(a)(iii) of Schedule 1 (table items 1-2), subparagraph 1130(2)(a)(iv) of Schedule 1 (table items 1-3), subparagraph 1130(2)(a)(vi) of Schedule 1 (table items 1-3)

 

This item amends the first instalment VACs for the Contributory Parent (Migrant) (Class CA) visa (Subclass 143 (Contributory Parent) visa) as follows:

*         for an applicant who is the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application or whose application is combined, or sought to be combined, with an application made by that person:

o   increase to the base application charge from $325 to $330;

o   increase to the additional applicant charge from $165 to $170 for an applicant who is at least 18.

 

*         for an applicant who has been the holder of a Subclass 173 (Contributory Parent (Temporary)) visa and is the holder of a substituted Subclass 600 visa at the time of application or whose application is combined, or sought to be combined, with an application made by that person:

o   increase to the base application charge from $325 to $330;

o   increase to the additional applicant charge from $165 to $170 for an applicant who is at least 18.

 

*         for an applicant who has held a Subclass 173 (Contributory Parent (Temporary)) visa at any time in the 28 days immediately before making the application or whose application is combined, or sought to be combined, with an application made by that person:

o   increase to the base application charge from $325 to $330;

o   increase to the additional applicant charge from $165 to $170 for an applicant who is at least 18.

*         for an applicant who has been the holder of a Subclass 173 (Contributory Parent (Temporary)) visa and provides the Minister with evidence that compassionate and compelling circumstances exist for the person to be considered to be the holder of a Subclass 173 (Contributory Parent (Temporary)) visa for the purpose of the application or whose application is combined, or sought to be combined, with an application made by that person:

o   increase to the base application charge from $2 370 to $2 415;

o   increase to the additional applicant charge from $1 185 to $1 210 for an applicant who is at least 18; and

o   increase to the additional applicant charge from $595 to $605 for an applicant who is less than 18.

 

*         for any other applicant:

o   increase to the base application charge from $3 695 to $3 770;

o   increase to the additional applicant charge from $1 245 to $1 270 for an applicant who is at least 18; and

o   increase to the additional applicant charge from $625 to $640 for an applicant who is less than 18.

Items 95-106 - Subparagraph 1130A(2)(a)(ii) of Schedule 1 (table items 1-2), subparagraph 1130A(2)(a)(iii) of Schedule 1 (table items 1-2), subparagraph 1130A(2)(a)(iv) of Schedule 1 (table items 1-2), subparagraph 1130A(2)(a)(v) of Schedule 1 (table items 1-3), subparagraph 1130A(2)(a)(vi) of Schedule 1 (table items 1-3)

 

This item amends the first instalment VACs for the Contributory Aged Parent (Residence) (Class DG) visa (Subclass 864 (Contributory Aged Parent) visa) as follows:

*         for an applicant who is the holder of a  Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of application or whose application is combined, or sought to be combined, with an application made by that person:

o   increase to the base application charge from $325 to $330;

o   increase to the additional applicant charge from $165 to $170 for an applicant who is at least 18.

 

*         for an applicant who held a Subclass 884 (Contributory Aged Parent (Temporary)) visa and is the holder of a substituted Subclass 600 visa at the time of application or whose application is combined, or sought to be combined, with an application made by that person:

o   increase to the base application charge from $325 to $330;

o   increase to the additional applicant charge from $165 to $170 for an applicant who is at least 18.

 

*         for an applicant who has held a  Subclass 884 (Contributory Aged Parent (Temporary)) visa at any time in the 28 days immediately before making the application or whose application is combined, or sought to be combined, with an application made by that person:

o   increase to the base application charge from $325 to $330;

o   increase to the additional applicant charge from $165 to $170 for an applicant who is at least 18.

 

*         for an applicant who held a  Subclass 884 (Contributory Aged Parent (Temporary)) visa, and provides the Minister with evidence that compassionate and compelling circumstances exist for the person to be considered to be the holder of a  Subclass 884 (Contributory Aged Parent (Temporary)) visa for the purpose of the application or whose application is combined, or sought to be combined, with an application made by that person:

o   increase to the base application charge from $3 695 to $3 770;

o   increase to the additional applicant charge from $1 845 to $1 880 for an applicant who is at least 18; and

o   increase to the additional applicant charge from $925 to $945 for an applicant who is less than 18.

 

*         For any other applicant:

o   increase to the base application charge from $3 695 to $3 770;

o   increase to the additional applicant charge from $1 845 to $1 880 for an applicant who is at least 18; and

o   increase to the additional applicant charge from $925 to $945 for an applicant who is less than 18.

Items 107-111 - Subparagraph 1136(2)(a)(i) of Schedule 1 (table items 1-2) and subparagraph 1136(2)(a)(ii) of Schedule 1 (table items 1-3)

 

This item amends the first instalment VACs for the Skilled (Residence) (Class VB) visa (Subclass 887 (Skilled - Regional) visa) as follows:

*         for an applicant who is the holder of a Skilled -- Independent Regional (Provisional) (Class UX) visa; or a Skilled -- Designated Area-sponsored (Provisional) (Class UZ) visa; or a Subclass 475 (Skilled - Regional Sponsored) visa; or a Subclass 487 (Skilled - Regional Sponsored) visa; or a Skilled -- Regional Sponsored (Provisional) (Class SP) visa; or a Bridging A (Class WA) or Bridging B (Class WB) visa granted on the basis of a valid application for a Skilled -- Independent Regional (Provisional) (Class UX) visa; or a Bridging A (Class WA) or Bridging B (Class WB) visa granted on the basis of a valid application for a Skilled (Provisional) (Class VC) visa (other than a Subclass 485 (Temporary Graduate) visa); or a Bridging A (Class WA) or Bridging B (Class WB) visa granted on the basis of a valid application for a Skilled -- Regional Sponsored (Provisional) (Class SP) visa; or whose application is combined, or sought to be combined, with an application made by that person:

o   increase to the base application charge from $370 to $375;

o   increase to the additional applicant charge from $185 to $190 for an applicant who is at least 18.

 

*         for any other applicant:

o   increase to the base application charge from $3 520 to $3 590;

o   increase to the additional applicant charge from $1 760 to $1 795 for an applicant who is at least 18; and

o   increase to the additional applicant charge from $880 to $900 for an applicant who is less than 18.

Items 112-114 - Subitem 1137(3) of Schedule 1 (table items 1-3)

 

This item amends the first instalment VACs for the Skilled - Independent (Permanent) (Class SI) visa (Subclass 189 (Skilled - Independent) visa) in the Points-Tested stream as follows:

*         increase to the base application charge from $3 600 to $3 670;

*         increase to the additional applicant charge from $1 800 to $1 835 for an applicant who is at least 18; and

*         increase to the additional applicant charge from $900 to $920 for an applicant who is less than 18.

 

Items 115-117 - Subregulation 1137(4E) of Schedule 1 (table items 1-3)

 

This item amends the first instalment VACs for the Skilled - Independent (Permanent) (Class SI) visa (Subclass 189 (Skilled - Independent) visa) in the New Zealand stream as follows:

*         increase to the base application charge from $720 to $734;

*         increase to the additional applicant charge from $360 to $367 for an applicant who is at least 18; and

*         increase to the additional applicant charge from $180 to $184 for an applicant who is less than 18.

 

Items 118-120 - Subregulation 1137(4F) of Schedule 1 (table items 1-3)

 

This item amends the second instalment VACs for the Skilled - Independent (Permanent) (Class SI) visa (Subclass 189 (Skilled - Independent) visa) in the New Zealand stream (the New Zealand stream) as follows:

*         increase to the base application charge from $2 880 to $2 936;

*         increase to the additional applicant charge from $1 440 to $1 468 for an applicant who is at least 18; and

*         increase to the additional applicant charge from $720 to $736 for an applicant who is less than 18.

 

This amendment is required in order to ensure that the overall VAC payable (first and second instalments) for this visa is the same as the first instalment of the VAC payable for the Skilled - Independent (Permanent) (Class SI) visa (Subclass 189 (Skilled - Independent) visa) in the Points-Tested stream, as indexed by the Regulations.

Consistent with the Government's announcement on 19 February 2016 in relation to the New Zealand stream, applicants are only required to pay 20% of the overall VAC for this visa at the time of application (as the first instalment of the VAC). The remaining 80% of the overall VAC is charged as the second instalment of the VAC, which is only payable by the applicant before the visa is granted.

Items 121-123 - Paragraph 1138(2)(a) of Schedule 1 (table items 1-3)

 

This item amends the first instalment VACs for the Skilled - Nominated (Permanent) (Class SN) visa (Subclass 190 (Skilled - Nominated) visa) as follows:

*         increase to the base application charge from $3 600 to $3 670;

*         increase to the additional applicant charge from $1 800 to $1 835 for an applicant who is at least 18; and

*         increase to the additional applicant charge from $900 to $920 for an applicant who is less than 18.

 

Items 124-138 - Subparagraph 1202B(2)(a)(i) of Schedule 1 (table items 1-3), subparagraph 1202B(2)(a)(ia) of Schedule 1 (table items 1-3), subparagraph 1202B(2)(a)(ib) of Schedule 1 (table items 1-3), subparagraph 1202B(2)(a)(ic) of Schedule 1 (table items 1-3), subparagraph 1202B(2)(a)(ii) of Schedule 1 (table items 1-3)

 

This item amends the first instalment VACs for the Business Skills (Provisional) (Class EB) visa (Subclass 188 (Business Innovation and Investment (Provisional)) visa) as follows:

*         for an applicant seeking to satisfy the primary criteria for the grant of a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Business Innovation Extension stream or the Significant Investor Extension stream; or whose application is combined, or sought to be combined, with an application made by that person:

o   increase to the base application charge from $575 to $585;

o   increase to the additional applicant charge from $290 to $295 for an applicant who is at least 18; and

o   increase to the additional applicant charge from $145 to $150 for an applicant who is less than 18.

 

*         for an applicant seeking to satisfy the primary criteria for the grant of a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Significant Investor stream or whose application is combined, or sought to be combined, with an application made by that person:

o   increase to the base application charge from $7 010 to $7 150;

o   increase to the additional applicant charge from $3 505 to $3 575 for an applicant who is at least 18; and

o   increase to the additional applicant charge from $1 755 to $1 790 for an applicant who is less than 18.

 

*         for an applicant seeking to satisfy the primary criteria for the grant of a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Premium Investor stream or whose application is combined, or sought to be combined, with an application made by that person:

o   increase to the base application charge from $8 410 to $8 580;

o   increase to the additional applicant charge from $4 205 to $4 290 for an applicant who is at least 18; and

o   increase to the additional applicant charge from $2 105 to $2 145 for an applicant who is less than 18.

 

*         for an applicant seeking to satisfy the primary criteria for the grant of a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Entrepreneur stream; or whose application is combined, or sought to be combined, with an application made by that person:

o   increase to the base application charge from $3 600 to $3 670;

o   increase to the additional applicant charge from $1 800 to $1 835 for an applicant who is at least 18; and

o   increase to the additional applicant charge from $900 to $920 for an applicant who is less than 18.

 

*         for any other applicant:

o   increase to the base application charge from $4 780 to $4 875;

o   increase to the additional applicant charge from $2 390 to $2 440 for an applicant who is at least 18; and

o   increase to the additional applicant charge from $1 195 to $1 220 for an applicant who is less than 18.

 

Items 139-141 - Paragraph 1211(2)(a) of Schedule 1 (table items 1-3)

 

This item amends the first instalment VACs for the Extended Eligibility (Temporary) (Class TK) visa (Subclass 445 (Dependent Child) visa) as follows:

*         increase to the base application charge from $2 370 to $2 415;

*         increase to the additional applicant charge from $1 185 to $1 210 for an applicant who is at least 18; and

*         increase to the additional applicant charge from $595 to $605 for an applicant who is less than 18.

 

Items 142-143 - Paragraph 1212B(2)(a) of Schedule 1 (table items 1-2)

 

This item amends the first instalment VACs for the Investor Retirement (Class UY) visa (Subclass 405 (Investor Retirement) visa) as follows:

*         increase to the base application charge from $325 to $330;

*         increase to the additional applicant charge from $165 to $170 for an applicant who is at least 18.

 

Items 144-145 - Paragraph 1214A(2)(a)(i) of Schedule 1 (table items 1-2)

 

This item amends the first instalment VACs for the Medical Treatment (Visitor) (Class UB) visa (Subclass 602 (Medical Treatment) visa) as follows:

*         increase to the base application charge from $280 to $285;

*         increase to the additional applicant charge from $140 to $145 for an applicant who is at least 18.

 

Items 146-147 - Paragraph 1214BA(2)(a) of Schedule 1 (table items 1-2)

 

This item amends the first instalment VACs for the New Zealand Citizen (Family Relationship (Temporary) (Class UP) visa (Subclass 461 (New Zealand Citizen Family Relationship (Temporary)) visa) as follows:

*         increase to the base application charge from $325 to $330;

*         increase to the additional applicant charge from $165 to $170 for an applicant who is at least 18.

 

Items 148-150 - Paragraph 1215(2)(a) of Schedule 1 (table items 1-3)

 

This item amends the first instalment VACs for the Prospective Marriage (Temporary) (Class TO) visa (Subclass 300 (Prospective Marriage visa) as follows:

*         increase to the base application charge from $6 865 to $7 000;

*         increase to the additional applicant charge from $3 435 to $3 505 for an applicant who is at least 18; and

*         increase to the additional applicant charge from $1 720 to $1 755 for an applicant who is less than 18. 

 

Items 151 - Paragraph 1216(2)(a) of Schedule 1 (table item 1)

 

This item amends the first instalment VACs for the Resident Return (Temporary) (Class TP) visa (Subclass 159 (Provisional Resident Return visa)) as follows:

*         increase to the base application charge from $185 to $190.

 

Items 152-154 - Subparagraph 1221(2)(a)(iii) of Schedule 1 (table items 1-3)

 

This item amends the first instalment VACs for the Contributory Parent (Temporary) (Class UT) visa (Subclass 173 (Contributory Parent (Temporary) visa) as follows:

*         increase to the base application charge from $2 490 to $2 540;

*         increase to the additional applicant charge from $1 245 to $1 270 for an applicant who is at least 18; and

*         increase to the additional applicant charge from $625 to $640 for an applicant who is less than 18. 

 

Items 155-157 - Subparagraph 1221A(2)(a)(iii) of Schedule 1 (table items 1-3)

 

This item amends the first instalment VACs for the Contributory Parent (Temporary) (Class UU) visa (Subclass 884 (Contributory Aged Parent (Temporary) visa) as follows:

*         increase to the base application charge from $3 695 to $3 770;

*         increase to the additional applicant charge from $1 845 to $1 880 for an applicant who is at least 18; and

*         increase to the additional applicant charge from $925 to $945 for an applicant who is less than 18.

 

Items 158-160 - Subparagraph 1222(2)(a)(ii) of Schedule 1 (table items 1-3)

 

This item amends the first instalment VACs for the Student (Temporary) (Class TU) visa (Subclass 500 (Student visa) and Subclass 590 (Student Guardian visa)) as follows:

*         increase to the base application charge from $550 to $560;

*         increase to the additional applicant charge from $410 to $420 for an applicant who is at least 18; and

*         increase to the additional applicant charge from $135 to $140 for an applicant who is less than 18. 

 

Items 161 - 162 - Paragraph 1223A(2)(a) of Shedule 1 (table items 1-3)

 

This item amends the first instalment VACs for the Temporary Business Entry (Class UC) visa (Subclass 457 (Temporary Work (Skilled) visa) as follows:

*         increase to the base application charge from $1 060 to $1 080;

*         increase to the additional applicant charge from $1 060 to $1 080 for an applicant who is at least 18; and

*         increase to the additional applicant charge from $265 to $270 for an applicant who is less than 18. 

 

Items 163-164 - Subparagraph 1228(2)(a) of Schedule 1 (table items 1-2)

 

This item amends the first instalment VACs for the Skilled (Provisional) (Class VF) visa (Subclass 476 (Skilled - Recognised Gradate visa)) as follows:

·         increase to the base application charge from $360 to $365;

*         increase to the additional applicant charge from $180 to $185 for an applicant who is at least 18.

 

Items 165-167 - Subparagraph 1229(2)(a) of Schedule 1 (table items 1-3)

 

This item amends the first instalment VACs for the Skilled (Provisional) (Class VC) visa (Subclass 485 (Temporary Graduate visa)) as follows:

*         increase to the base application charge from $1 470 to $1 500;

*         increase to the additional applicant charge from $735 to $750 for an applicant who is at least 18; and

*         increase to the additional applicant charge from $370 to $375 for an applicant who is less than 18. 

 

Items 168-172 - Subparagraph 1230(2)(a)(i) of Schedule 1 (table items 1-2) and subparagraph 1230(2)(a)(ii) of Schedule 1 (table items 1-3)

 

This item amends the first instalment VACs for the Skilled - Regional Sponsored (Provisional) (Class SP) visa (Subclass 489 (Skilled - Regional Provisional visa)) as follows:

*         for an applicant who holds a Skilled -- Independent Regional (Provisional) (Class UX) visa; or a Skilled -- Designated Area-sponsored (Provisional) (Class UZ) visa; or a Subclass 475 (Skilled - Regional Sponsored) visa; or a Subclass 487 (Skilled - Regional Sponsored) visa; or whose application is combined, or sought to be combined, with an application made by that person:

o   increase to the base application charge from $320 to $325;

o   increase to the additional applicant charge from $160 to $165 for an applicant who is at least 18.

 

*         for any other applicant:

o   increase to the base application charge from $3 600 to $3 670;

o   increase to the additional applicant charge from $1 800 to $1 835 for an applicant who is at least 18; and

o   increase to the additional applicant charge from $900 to $920 for an applicant who is less than 18. 

 

Item 173 - Subparagraph 1231(2)(a)(v) of Schedule 1 (table items 1-2) and subparagraph 1234(2)(a)(iii) of Schedule 1 (table items 1-2)

 

Where payable, this item amends the first instalment VACs for the Temporary Work (Short Stay Specialist) (Class GA) visa (Subclass 400 (Temporary Work (Short Stay Specialist) visa) as follows:

*         increase to the base application charge from $275 to $280;

*         increase to the additional applicant charge from $275 to $280 for an applicant who is at least 18.

 

Where payable, this item amends the first instalment VACs for the Temporary Work (International Relations) (Class GD) visa (Subclass 403 (Temporary Work (International Relations) visa):

*         increase to the base application charge from $275 to $280;

*         increase to the additional applicant charge from $275 to $280 for an applicant who is at least 18.

 

Items 174-176 - Subparagraph 1236(2)(a)(i) of Schedule 1, subparagraph 1236(2)(a)(ii) of Schedule 1 and paragraph 1236(2)(aa) of Schedule 1

This item amends the first instalment VACs for the Visitor (Class FA) visa (Subclass 600 (Visitor visa)) as follows:

*         for an applicant who is in Australia at the time of application, increase the base application charge from $340 to $345;

*         for an applicant who is outside Australia at the time of application, increase the base application charge from $135 to $140; and

·         in relation to an application for a Subclass 600 (Visitor) visa in the Frequent Traveller stream, increase the base application charge from $1 000 to $1 020.

 

Item 177 - Subparagraph 1237(2)(a)(iv) of Schedule 1 (table items 1-2)

 

Where payable, this item amends the first instalment VACs for the Temporary Activity (Class GG) visa (Subclass 408 (Temporary Activity) visa) as follows:

*         increase to the base application charge from $275 to $280;

*         increase to the additional applicant charge from $275 to $280 for an applicant who is at least 18.

 

Item 178 - Paragraph 1238(2)(a) of Schedule 1 (table items 1-2)

 

This item amends the first instalment VACs for the Training (Class GF) visa (Subclass 407 (Training) visa) as follows:

*         increase to the base application charge from $275 to $280;

*         increase to the additional applicant charge from $275 to $280 for an applicant who is at least 18.

 

Items 179 - Paragraph 1302(2)(a) of Schedule 1 (table item 1)

 

This item amends the first instalment VACs for the Bridging B (Class WB) visa (Subclass 020 (Bridging B) visa) as follows:

*         increase to the base application charge from $140 to $145.

 

 

Part 2--Changes to visa application charges for certain humanitarian visas

Migration Regulations 1994

Items 180-182 - Subparagraph 1402(2)(a)(i) of Schedule 1 (table item 1) and paragraph 1402(2)(b) of Schedule 1 (table items 1-2)

 

This item amends the first and second instalment VACs for the Refugee and Humanitarian (Class XB) Subclass 202 (Global Special Humanitarian) visa as follows:

*         for an applicant whose application includes a proposal by an approved proposing organisation described in Part 202 of Schedule 2:

o   decrease the base application charge from $3 080 to $2 680.

*         for a second instalment (payable before the grant of visa):

o   for an applicant whose application includes a proposal by an approved proposing organisation described in Part 202 of Schedule 2 and who satisfies the primary criteria for the grant of the visa:

§  decrease the amount from $18 910 to $16 444;

o   for an applicant whose application includes a proposal by an approved proposing organisation described in Part 202 of Schedule 2 and who satisfies the secondary criteria for the grant of the visa:

§  decrease the amount from $3 080 to $2 680.

 

The Department has been charging the VAC amounts which were previously in effect. This is because the Department took the view that the above figures were invalid as they were higher than the allowable VAC. This amendment corrects Schedule 1 to reflect the amounts actually charged by the Department. 

 

Part 3--Application of amendment

 

Item 183 - In the appropriate position in Schedule 13

 

This item inserts new Part 64 in Schedule 13 to the Migration Regulations. New clause 6401 provides that the amendments made by the Regulations apply in relation to applications for visas made on or after 1 July 2017. The item also clarifies that clause 6301, which was inserted by the Migration Legislation Amendment (2017 Measures No. 2) Regulations 2017, does not affect the application of these amendments.