Australian Immigration Daily News

Purpose

The purpose of the instrument is to update the approved form, place and manner (the arrangements) for making an application for the Extended Eligibility (Temporary) (Class TK) visa (Class TK visa). The instrument follows recent amendments to the Regulations by the Migration Amendment (2022 Measures No. 1) Regulations 2022 (the amendment Regulations). Prior to the amendment Regulations, an applicant for a Class TK visa had to be in Australia to make a valid visa application in Australia, and an applicant who was outside Australia had to make an application outside Australia. The instrument specifies updated arrangements for the Class TK visa following the amendment Regulations, which allow applicants outside Australia to make an application in Australia.

The instrument also updates the arrangements for the Class TK visa by providing that anyone is able to make an application. IMMI 16/051 previously only specified a place and manner for applications by certain dependent children, rather than for all applicants. The instrument removes this limitation. A requirement for an applicant to claim to be a dependent child of a holder of a certain visa is now specified in the Regulations (see paragraph 1211(3)(ab) of Schedule 1).

The instrument continues to specify arrangements for making an application for a Child (Migrant) (Class AH) visa (Class AH visa) and for a Child (Residence) (Class BT) visa (Class BT visa). The instrument does not change the arrangements for those visas.

The instrument also updates the drafting of IMMI 16/051 to align with current standards and remove redundant provisions.

Source: LIN22017.pdf and  LIN22017-Explanatory-Statement.pdf