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 Migration 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 Migration 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 Migration (Visa Application) Charge Act 1997 (VAC Act); and

 

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

 

o   subsection 45C(1), 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), 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 VAC Act may also apply:

 

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

 

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

 

*                     section 6, which limits the visa application charge for the Contributory Parent visa 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 2019

 

ADJUSTMENT OF VISA APPLICATION CHARGES 

This Disallowable Legislative Instrument, titled the Migration Amendment (Visa Application Charges) Regulations 2019 (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 2019-20 forecast consumer price index (CPI), as published in Budget Paper No.1 2019. The base visa application charge of first instalment VACs for all visa subclasses, with the exception of the Subclass 600 (Visitor) visa, are also increased by 5.4 per cent in line with the one-off Visa Application Charge - uplift measure announced as part of the 2019-20 Budget. The amendments in Part 1 of Schedule 1 to the Regulations will come into effect on 1 July 2019 and the amendments in Part 2 of Schedule 1 to the Regulations will come into effect on 16  November 2019. The adjusted VACs are within limits calculated under the Migration (Visa Application) Charge Act 1997.

 

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. David Coleman MP, Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

ATTACHMENT C

 

Details of the Migration Amendment (Visa Application Charges) Regulations 2019

 

Section 1 - Name

 

This section provides that the title of the Regulations is the Migration Amendment (Visa Application Charges) Regulations 2019 (the Regulations).

 

Section 2 - Commencement

 

Subsection 2(1) provides that each provision of the Regulations specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table.  Any other statement in column 2 has effect according to its terms. 

 

Table item 1 states that sections 1 to 4, and anything in this instrument not elsewhere covered by the table, commences on the day after this instrument is registered.  Table item 2 states that Part 1 of Schedule 1 to this instrument commences on 1 July 2019.  Table item 3 states that Part 2 of Schedule 1 to this instrument commences immediately after the commencement of Schedule 1 to the Migration Amendment (New Skilled Regional Visas) Regulations 2019 on 16 November 2019.  However, the provisions in Part 2 of Schedule 1 to this instrument do not commence at all if that event does not occur.  The following note clarifies that this table relates only to the provisions of this instrument as originally made.  It will not be amended to deal with any later amendments of this instrument.

 

Subsection 2(2) provides that any information in column 3 of the table is not part of the Regulations.  Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.  Column 3 of the table provides the date/details of the commencement date.

 

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 Regulations.

 

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, announced as part of the 2017-18 Budget to index visa application charges (VACs) in line with the forecast CPI published annually in the Budget.  The base visa application charge of first instalment VACs for all visa subclasses, with the exception of the Subclass 600 (Visitor) visa, are also increased by 5.4% in line with the one-off Visa Application Charge - uplift measure announced as part of the 2019-20 Budget.

 

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

 

Part 1 - Amendments commencing 1 July 2019

Division 1 - Indexation of visa application charges

 

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

 

These items amend the first instalment VACs for the Business Skills - Business Talent (Permanent) (Class EA) visa (Subclass 132 (Business Talent) visa) as follows:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$7 290	$7 855
Additional applicant charge for an applicant who is at least 18	$3 645	$3 930
Additional applicant charge for an applicant who is less than 18	$1 820	$1 960

 

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

 

These items amend the first instalment VACs for the Business Skills (Permanent) (Class EC) visa (Subclass 888 (Business Innovation and Investment (Permanent)) visa) as follows:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$2 405	$2 590
Additional applicant charge for an applicant who is at least 18	$1 205	$1 300
Additional applicant charge for an applicant who is less than 18	$600	$645

 

Items 7-12 - Subparagraph 1104B(2)(a)(i) of Schedule 1 (table items 1 -3) and Subparagraph 1104B(2)(a)(ii) of Schedule 1 (table items 1-3)

 

These items amend 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:

Applicable Charge	Previous VAC	New VAC
Base application charge	$340	$365
Additional applicant charge for an applicant who is at least18	$170	$185
Additional applicant charge for an applicant who is less than 18	$85	$90

 

*         for any other applicant:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$2 275	$2 450
Additional applicant charge for an applicant who is at least 18	$1 135	$1 225
Additional applicant charge for an applicant who is less than 18	$570	$615

 

Items 13-18 - 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)

 

These items amend 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:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$1 510	$1 630
Additional applicant charge for an applicant who is at least 18	$755	$815
Additional applicant charge for an applicant who is less than 18	$380	$410

 

*         for any other applicant:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$2 470	$2 665
Additional applicant charge for an applicant who is at least 18	$1 235	$1 330
Additional applicant charge for an applicant who is less than 18	$620	$670

 

Items 19-24 - 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)

 

These items amend the first instalment VACs for the Child (Residence) (Class BT) visa (Subclass 802 (Child) visa and 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:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$1 510	$1 630
Additional applicant charge for an applicant who is at least 18	$755	$815
Additional applicant charge for an applicant who is less than 18	$380	$410

 

*         for any other applicant:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$2 470	$2 665
Additional applicant charge for an applicant who is at least 18	$1 235	$1 330
Additional applicant charge for an applicant who is less than 18	$620	$670

 

Items 25-27 - Subparagraph 1111(2)(a)(i) of Schedule 1 (table items 1-3)

 

These items amend the first instalment VACs for the Confirmatory (Residence) (Class AK) visa (Subclass 808 (Confirmatory) visa) for an applicant covered by subitem (2A) as follows:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$285	$310
Additional applicant charge for an applicant who is at least 18	$145	$155
Additional applicant charge for an applicant who is less than 18	$75	$80

 

Items 28-30 - Paragraph 1112(2)(a) of Schedule 1 (table items 1-3)

 

These items amend the first instalment VACs for the Distinguished Talent (Migrant) (Class AL) visa (Subclass 124 (Distinguished Talent) visa) as follows:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$3 810	$4 110
Additional applicant charge for an applicant who is at least 18	$1 910	$2 055
Additional applicant charge for an applicant who is less than 18	$955	$1 030

 

Items 31-33 - Paragraph 1113(2)(a) of Schedule 1 (table items 1-3)

 

These items amend the first instalment VACs for the Distinguished Talent (Residence) (Class BX) visa (Subclass 858 (Distinguished Talent) visa) as follows:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$3 810	$4 110
Additional applicant charge for an applicant who is at least 18	$1 910	$2 055
Additional applicant charge for an applicant who is less than 18	$955	$1 030

 

Items 34-36 - Paragraph 1114B(2)(a) of Schedule 1 (table items 1-3)

 

These items amend the first instalment VACs for the Employer Nomination (Permanent) (Class EN) visa (Subclass 186 (Employer Nomination Scheme) visa) as follows:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$3 755	$4 045
Additional applicant charge for an applicant who is at least 18	$1 875	$2 025
Additional applicant charge for an applicant who is less than 18	$940	$1 010

 

 

Items 37-39 - Paragraph 1114C(2)(a) of Schedule 1 (table items 1-3)

 

These items amend the first instalment VACs for the Regional Employer Nomination (Permanent) (Class RN) visa (Subclass 187 (Regional Sponsored Migration Scheme) visa) as follows:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$3 755	$4 045
Additional applicant charge for an applicant who is at least 18	$1 875	$2 025
Additional applicant charge for an applicant who is less than 18	$940	$1 010

 

Items 40-45 - 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)

 

These items amend 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:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$3 670	$3 955
Additional applicant charge for an applicant who is at least 18	$1 835	$1 980
Additional applicant charge for an applicant who is less than 18	$920	$990

 

*         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:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$3 670	$3 955
Additional applicant charge for an applicant who is at least 18	$1 835	$1 980
Additional applicant charge for an applicant who is less than 18	$920	$990

 

Items 46-51 - 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)

 

These items amend the first instalment VACs for the Other Family (Migrant) (Class BO) visa (Subclass 114 (Aged Dependent 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:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$1 665	$1 795
Additional applicant charge for an applicant who is at least 18	$835	$900
Additional applicant charge for an applicant who is less than 18	$415	$450

 

*         for any other applicant:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$4 035	$4 350
Additional applicant charge for an applicant who is at least 18	$2 020	$2 175
Additional applicant charge for an applicant who is less than 18	$1 010	$1 090

 

Items 52-57 - 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)

 

These items amend 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:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$1 665	$1 795
Additional applicant charge for an applicant who is at least 18	$835	$900
Additional applicant charge for an applicant who is less than 18	$415	$450

 

*         for any other applicant:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$4 035	$4 350
Additional applicant charge for an applicant who is at least 18	$2 020	$2 175
Additional applicant charge for an applicant who is less than 18	$1 010	$1 090

 

Items 58-60 - Paragraph 1124(2)(a) of Schedule 1 (table items 1-3)

 

These items amend the first instalment VACs for the Parent (Migrant) (Class AX) visa (Subclass 103 (Parent) visa) as follows:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$4 035	$4 350
Additional applicant charge for an applicant who is at least 18	$2 020	$2 175
Additional applicant charge for an applicant who is less than 18	$1 010	$1 090

Items 61-63 - Paragraph 1124A(2)(a) of Schedule 1 (table items 1-3)

 

These items amend the first instalment VACs for the Aged Parent (Residence) (Class BP) visa (Subclass 804 (Aged Parent) visa) as follows:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$4 035	$4 350
Additional applicant charge for an applicant who is at least 18	$2 020	$2 175
Additional applicant charge for an applicant who is less than 18	$1 010	$1 090

Items 64-81 - Subparagraph 1124B(2)(a)(ii) of Schedule 1 (table items 1-3), 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)

 

These items amend the first instalment VACs for the Partner (Residence) (Class BS) visa (Subclass 801 (Partner) 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:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$430	$460
Additional applicant charge for an applicant who is at least 18	$215	$230
Additional applicant charge for an applicant who is less than 18	$110	$120

 

*         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:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$1 510	$1 630
Additional applicant charge for an applicant who is at least 18	$755	$815
Additional applicant charge for an applicant who is less than 18	$380	$410

 

*         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:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$1 510	$1 630
Additional applicant charge for an applicant who is at least 18	$755	$815
Additional applicant charge for an applicant who is less than 18	$380	$410

 

*         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:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$1 195	$1 285
Additional applicant charge for an applicant who is at least 18	$600	$645
Additional applicant charge for an applicant who is less than 18	$295	$320

 

*         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:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$1 510	$1 630
Additional applicant charge for an applicant who is at least 18	$755	$815
Additional applicant charge for an applicant who is less than 18	$380	$410

 

*         for any other applicant:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$7 160	$7 715
Additional applicant charge for an applicant who is at least 18	$3 585	$3 860
Additional applicant charge for an applicant who is less than 18	$1 795	$1 935

 

Item 82 - Paragraph 1128(2)(a) of Schedule 1

 

This item amends the first instalment VAC for the Return (Residence) (Class BB) visa (Subclass 155 (Five Year Resident Return) visa and Subclass 157 (Three Month Resident Return) visa to increase the base application charge from $375 to $405.

Items 83-85 - Paragraph 1129(2)(a)(ii) of Schedule 1 (table items 1-3)

 

These items amend the first instalment VACs for the Partner (Migrant) (Class BC) (Subclass 100 (Partner) visa).  In the case of 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.  For any other applicant:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$7 160	$7 715
Additional applicant charge for an applicant who is at least 18	$3 585	$3 860
Additional applicant charge for an applicant who is less than 18	$1 795	$1 935

 

 

Items 86 - 100 - Subparagraph 1130(2)(a)(i) of Schedule 1 (table items 1- 3), subparagraph 1130(2)(a)(ii) of Schedule 1 (table items 1-3), subparagraph 1130(2)(a)(iii) of Schedule 1 (table items 1-3), subparagraph 1130(2)(a)(iv) of Schedule 1 (table items 1-3), subparagraph 1130(2)(a)(vi) of Schedule 1 (table items 1-3)

 

These items amend the first instalment VACs for the Contributory Parent (Migrant) (Class CA) 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:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$340	$365
Additional applicant charge for an applicant who is at least 18	$170	$185
Additional applicant charge for an applicant who is less than 18	$85	$90

 

*         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:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$340	$365
Additional applicant charge for an applicant who is at least 18	$170	$185
Additional applicant charge for an applicant who is less than 18	$85	$90

 

*         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:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$340	$365
Additional applicant charge for an applicant who is at least 18	$170	$185
Additional applicant charge for an applicant who is less than 18	$85	$90

 

*         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:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$2 470	$2 665
Additional applicant charge for an applicant who is at least 18	$1 235	$1 330
Additional applicant charge for an applicant who is less than 18	$620	$670

 

 

*         for any other applicant (other than an applicant to whom subparagraph 1130(2)(a)(v) applies):

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$3 855	$4 155
Additional applicant charge for an applicant who is at least 18	$1 300	$1 400
Additional applicant charge for an applicant who is less than 18	$650	$705

Items 101-115 - Subparagraph 1130A(2)(a)(ii) of Schedule 1 (table items 1-3), subparagraph 1130A(2)(a)(iii) of Schedule 1 (table items 1-3), subparagraph 1130A(2)(a)(iv) of Schedule 1 (table items 1-3), subparagraph 1130A(2)(a)(v) of Schedule 1 (table items 1-3), subparagraph 1130A(2)(a)(vi) of Schedule 1 (table items 1-3)

 

These items amend 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:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$340	$365
Additional applicant charge for an applicant who is at least 18	$170	$185
Additional applicant charge for an applicant who is less than 18	$85	$90

 

*         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:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$340	$365
Additional applicant charge for an applicant who is at least 18	$170	$185
Additional applicant charge for an applicant who is less than 18	$85	$90

 

*         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:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$340	$365
Additional applicant charge for an applicant who is at least 18	$170	$185
Additional applicant charge for an applicant who is less than 18	$85	$90

 

*         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:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$3 855	$4 155
Additional applicant charge for an applicant who is at least 18	$1 925	$2 075
Additional applicant charge for an applicant who is less than 18	$965	$1 040

 

*         for any other applicant:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$3 855	$4 155
Additional applicant charge for an applicant who is at least 18	$1 925	$2 075
Additional applicant charge for an applicant who is less than 18	$965	$1 040

Items 116-121 - Subparagraph 1136(2)(a)(i) of Schedule 1 (table items 1-3) and subparagraph 1136(2)(a)(ii) of Schedule 1 (table items 1-3)

 

These items amend 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 (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:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$385	$415
Additional applicant charge for an applicant who is at least 18	$195	$210
Additional applicant charge for an applicant who is less than 18	$100	$105

 

*         for any other applicant:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$3 670	$3 955
Additional applicant charge for an applicant who is at least 18	$1 835	$1 980
Additional applicant charge for an applicant who is less than 18	$920	$990

 

Items 122-124 - Subitem 1137(3) of Schedule 1 (table items 1-3)

 

These items amend the first instalment VACs for the Skilled - Independent (Permanent) (Class SI) visa (Subclass 189 (Skilled - Independent) visa) in the Points-Tested stream as follows:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$3 755	$4 045
Additional applicant charge for an applicant who is at least 18	$1 875	$2 020
Additional applicant charge for an applicant who is less than 18	$940	$1 015

 

Items 125-127 - Subitem 1137(4E) of Schedule 1 (table items 1-3)

 

These items amend the first instalment VACs for the Skilled - Independent (Permanent) (Class SI) visa (Subclass 189 (Skilled - Independent) visa) in the New Zealand stream as follows:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$750	$810
Additional applicant charge for an applicant who is at least 18	$375	$405
Additional applicant charge for an applicant who is less than 18	$190	$205

 

Items 128-130 - Subitem 1137(4F) of Schedule 1 (table items 1-3)

 

These items amend 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:

 

Applicable Charge	Previous VAC	New VAC
Applicant who satisfies the primary criteria	$3 000	$3 235
Applicant who was at least 18 at the time of the application, and satisfies the secondary criteria	$1 500	$1 615
Applicant who was under 18 at the time of the application, and satisfies the secondary criteria	$755	$810

 

These amendments are 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 131-133 - Paragraph 1138(2)(a) of Schedule 1 (table items 1-3)

 

These items amend the first instalment VACs for the Skilled - Nominated (Permanent) (Class SN) visa (Subclass 190 (Skilled - Nominated) visa) as follows:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$3 755	$4 045
Additional applicant charge for an applicant who is at least 18	$1 875	$2 025
Additional applicant charge for an applicant who is less than 18	$940	$1 010

 

Items 134-148 - 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)

 

These items amend 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:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$600	$645
Additional applicant charge for an applicant who is at least 18	$300	$325
Additional applicant charge for an applicant who is less than 18	$150	$165

 

*         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:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$7 310	$7 880
Additional applicant charge for an applicant who is at least 18	$3 655	$3 940
Additional applicant charge for an applicant who is less than 18	$1 830	$1 975

 

*         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:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$8 770	$9 455
Additional applicant charge for an applicant who is at least 18	$4 385	$4 725
Additional applicant charge for an applicant who is less than 18	$2 195	$2 365

 

*         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:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$3 755	$4 045
Additional applicant charge for an applicant who is at least 18	$1 875	$2 025
Additional applicant charge for an applicant who is less than 18	$940	$1 010

 

*         for any other applicant:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$4 985	$5 375
Additional applicant charge for an applicant who is at least 18	$2 495	$2 685
Additional applicant charge for an applicant who is less than 18	$1 245	$1 345

 

Items 149-151 - Paragraph 1211(2)(a) of Schedule 1 (table items 1-3)

 

These items amend the first instalment VACs for the Extended Eligibility (Temporary) (Class TK) visa (Subclass 445 (Dependent Child) visa) as follows:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$2 470	$2 665
Additional applicant charge for an applicant who is at least 18	$1 235	$1 330
Additional applicant charge for an applicant who is less than 18	$620	$670

 

Items 152-154 - Paragraph 1212B(2)(a) of Schedule 1 (table items 1-3)

 

These items amend the first instalment VACs for the Investor Retirement (Class UY) visa (Subclass 405 (Investor Retirement) visa) as follows:

Applicable Charge	Previous VAC	New VAC
Base application charge	$340	$365
Additional applicant charge for an applicant who is at least 18	$170	$185
Additional applicant charge for an applicant who is less than 18	$85	$90

 

 

Items 155-157 - Paragraph 1214A(2)(a)(i) of Schedule 1 (table items 1-3)

 

These items amend the first instalment VACs for the Medical Treatment (Visitor) (Class UB) visa (Subclass 602 (Medical Treatment) visa) as follows:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$290	$315
Additional applicant charge for an applicant who is at least 18	$145	$155
Additional applicant charge for an applicant who is less than 18	$75	$80

 

Items 158-160 - Paragraph 1214BA(2)(a) of Schedule 1 (table items 1- 3)

 

These items amend 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:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$340	$365
Additional applicant charge for an applicant who is at least 18	$170	$185
Additional applicant charge for an applicant who is less than 18	$85	$90

 

Items 161-163 - Paragraph 1215(2)(a) of Schedule 1 (table items 1-3)

 

These items amend the first instalment VACs for the Prospective Marriage (Temporary) (Class TO) visa (Subclass 300 (Prospective Marriage) visa as follows:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$7 160	$7 715
Additional applicant charge for an applicant who is at least 18	$3 585	$3 860
Additional applicant charge for an applicant who is less than 18	$1 795	$1 935

 

Items 164-166 - Paragraph 1216(2)(a) of Schedule 1 (table items 1-2)

 

These items amend the first instalment VACs for the Resident Return (Temporary) (Class TP) visa (Subclass 159 (Provisional Resident Return) visa as follows:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$195	$210
Additional applicant charge for an applicant who is at least 18	$100	$105
Additional applicant charge for an applicant who is less than 18	$45	$50

 

Items 167-169 - Paragraph 1217(2)(a) of Schedule 1 (table items 1-3)

 

These items amend the first instalment VACs for the Retirement  (Temporary) (Class TQ) (Subclass 410 (Retirement)) visa as follows:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$380	$410
Additional applicant charge for an applicant who is at least 18	$195	$210
Additional applicant charge for an applicant who is less than 18	$95	$100

 

Items 170-172 - Subparagraph 1221(2)(a)(iii) of Schedule 1 (table items 1-3)

 

These items amend the first instalment VACs for the Contributory Parent (Temporary) (Class UT) visa (Subclass 173 (Contributory Parent (Temporary)) visa) as follows:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$2 595	$2 800
Additional applicant charge for an applicant who is at least 18	$1 300	$1 400
Additional applicant charge for an applicant who is less than 18	$650	$705

 

Items 173-175 - Subparagraph 1221A(2)(a)(iii) of Schedule 1 (table items 1-3)

 

These items amend the first instalment VACs for the Contributory Parent (Temporary) (Class UU) visa (Subclass 884 (Contributory Aged Parent (Temporary)) visa) as follows:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$3 855	$4 155
Additional applicant charge for an applicant who is at least 18	$1 925	$2 075
Additional applicant charge for an applicant who is less than 18	$965	$1 040

 

Items 176-178 - Subparagraph 1222(2)(a)(ii) of Schedule 1 (table items 1-3)

 

These items amend the first instalment VACs for the Student (Temporary) (Class TU) visa (Subclass 500 (Student visa) and Subclass 590 (Student Guardian visa)) as follows:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$575	$620
Additional applicant charge for an applicant who is at least 18	$430	$460
Additional applicant charge for an applicant who is less than 18	$140	$150

 

Item 179 - Paragraphs 1224A(2)(a) and 1225(2)(a) of Schedule 1

 

This item amends the first instalment VACs for the Work and Holiday (Temporary) (Class US) visa (Subclass 462 (Work and Holiday) visa) and the Working Holiday (Temporary) (Class TZ) visa (Subclass 417 (Working Holiday) visa) to increase the base application charge from $450 to $485.

 

Items 180-182 - Paragraph 1228(2)(a) of Schedule 1 (table items 1-3)

 

These items amend the first instalment VACs for the Skilled (Provisional) (Class VF) visa (Subclass 476 (Skilled - Recognised Graduate) visa) as follows:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$375	$405
Additional applicant charge for an applicant who is at least 18	$190	$200
Additional applicant charge for an applicant who is less than 18	$95	$100

 

 

Items 183-185 - Paragraph 1229(2)(a) of Schedule 1 (table items 1-3)

 

These items amend the first instalment VACs for the Skilled (Provisional) (Class VC) visa (Subclass 485 (Temporary Graduate visa) as follows:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$1 535	$1 650
Additional applicant charge for an applicant who is at least 18	$765	$825
Additional applicant charge for an applicant who is less than 18	$385	$415

 

Items 186-191 - Subparagraph 1230(2)(a)(i) of Schedule 1 (table items 1-3) and subparagraph 1230(2)(a)(ii) of Schedule 1 (table items 1-3)

 

These items amend 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:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$335	$360
Additional applicant charge for an applicant who is at least 18	$165	$180
Additional applicant charge for an applicant who is less than 18	$85	$90

 

*         for any other applicant:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$3 755	$4 045
Additional applicant charge for an applicant who is at least 18	$1 875	$2 025
Additional applicant charge for an applicant who is less than 18	$940	$1 010

 

Items 192 - 195 - Subparagraph 1231(2)(a)(v) of Schedule 1 (table items 1-3) and subparagraph 1234(2)(a)(iii) of Schedule 1 (table items 1-3)

 

Items 192 and 193 amend the first instalment VACs for the Temporary Work (Short Stay Specialist) (Class GA) visa (Subclass 400 (Temporary Work (Short Stay Specialist)) visa) (where payable) as follows:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$285	$310
Additional applicant charge for an applicant who is at least 18	$285	$310
Additional applicant charge for an applicant who is less than 18	$75	$80

 

 

Items 194 and 195 amend the first instalment VACs for the Temporary Work (International Relations) (Class GD) visa (Subclass 403 (Temporary Work (International Relations)) visa) (where payable):

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$285	$310
Additional applicant charge for an applicant who is at least 18	$285	$310
Additional applicant charge for an applicant who is less than 18	$75	$80

 

Items 196-198 - Subparagraphs 1236(2)(a)(i) and (ii) of Schedule 1 and paragraph 1236(2)(aa) of Schedule 1

 

These items amend 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 $355 to $365; and

*         for an applicant who is outside Australia at the time of application, increase the base application charge from $140 to $145; and

*         in relation to an application for a Subclass 600 (Visitor) visa in the Frequent Traveller stream, increase the base application charge from $1 045 to $1 065.

 

Item 199 - Subparagraph 1237(2)(a)(iii) of Schedule 1 (table items 1 and 2)

 

This item amends the the first instalment VACs for the Temporary Activity (Class GG) (Subclass 408 (Temporary Activity)) visa for an applicant in a class of persons specified by the Minister in a legislative instrument made for the purposes of this subparagraph under subregulation 2.07(5) as follows:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$75	$80
Additional applicant charge for an applicant who is at least 18	$75	$80

 

Items 200 - 201 - Subparagraph 1237(2)(a)(iv) of Schedule 1 (table items 1-3)

 

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

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$285	$310
Additional applicant charge for an applicant who is at least 18	$285	$310
Additional applicant charge for an applicant who is less than 18	$75	$80

 

Items 202 - 203 - Paragraph 1238(2)(a) of Schedule 1 (table items 1-3)

 

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

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$285	$310
Additional applicant charge for an applicant who is at least 18	$285	$310
Additional applicant charge for an applicant who is less than 18	$75	$80

 

Items 204 - 207 - Subparagraph 1240(2)(a)(i) and subparagraph 1240(2)(a)(ii) of Schedule 1 (table items 1-3)

 

These items amend the first instalment VACs for the Temporary Skill Shortage (Class GK) (Subclass 482 (Temporary Skill Shortage)) visa as follows:

 

*         for an applicant seeking to satisfy the criteria for the grant of a Subclass 482 (Temporary Skill Shortage) visa in the Short-term stream, an applicant whose application is combined with an application made by a person mentioned in sub-subparagraph (A) or an applicant seeking to satisfy the secondary criteria for the grant of a Subclass 482 (Temporary Skill Shortage) visa who claims to be a member of the family unit of a person who holds a Subclass 482 (Temporary Skill Shortage) visa in the Short-term stream:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$1 175	$1 265
Additional applicant charge for an applicant who is at least 18	$1 175	$1 265
Additional applicant charge for an applicant who is less than 18	$295	$320

 

*         for any other applicant:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$2 455	$2 645
Additional applicant charge for an applicant who is at least 18	$2 455	$2 645
Additional applicant charge for an applicant who is less than 18	$615	$660

 

Item 208 - Paragraph 1302(2)(a) of Schedule 1 (table item 1)

 

This item amends the first instalment VAC for the the Bridging B (Class WB) (Subclass 020 (Bridging B) visa) to increase the base application charge from $145 to $155.

 

Item 209 - Paragraph 1401(2)(a) of Schedule 1 (table item 1)

 

This item amends the first instalment VAC for the Protection (Class XA) (Subclass 866 (Protection) visa) to increase the base application charge from $35 to $40.

 

Item 210 - Subparagraph 1402(2)(a)(i) of Schedule 1 (table item 1)

 

This item amends the first instalment VAC for the Refugee and Humanitarian (Class XB) (Subclass 202 (Global Special Humanitarian) visa) for an applicant whose application includes a proposal by an approved proposing organisation described in Part 202 of Schedule 2 to increase the base application charge from $2 740 to $2 955.

 

 

Division 2 -- Application of amendments

 

Item 211 - In the appropriate position in Schedule 13

 

This item inserts new Part 86 in Schedule 13 to the Migration Regulations. New clause 8601 provides that the amendments made by Division 1 of Part 1 of Schedule 1 to the Regulations apply in relation to visa applications made on or after 1 July 2019.

 

 

Part 2 - Amendments commencing 16 November 2019

 

Division 1 - Indexation of visa application charges

 

Items 212 - 214 - Paragraph 1241(2)(a) of Schedule 1 (table items 1-3)

 

These items amend the first instalment VACs for the Skilled Work Regional (Provisional) (Class PS) (Subclass 491 (Skilled Work Regional (Provisional)) visa) as follows:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$3 755	$4 045
Additional applicant charge for an applicant who is at least 18	$1 875	$2 025
Additional applicant charge for an applicant who is less than 18	$940	$1 010

 

Items 215 - 217 - Paragraph 1242(2)(a) of Schedule 1 (table items 1-3)

 

These items amend the first instalment VACs for the Skilled Employer Sponsored Regional (Provisional) (Class PE) (Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa) as follows:

 

Applicable Charge	Previous VAC	New VAC
Base application charge	$3 755	$4 045
Additional applicant charge for an applicant who is at least 18	$1 875	$2 025
Additional applicant charge for an applicant who is less than 18	$940	$1 010

 

Division 2 -- Application of amendments

 

Item 218 - At the end of Part 86 of Schedule 13

 

This item amends new Part 86 in Schedule 13 to the Migration Regulations by inserting new clause 8602. Clause 8602 provides that the amendments made by Division 1 of Part 2 of Schedule 1 to the Regulations apply in relation to visa applications made on or after 16 November 2019.