Australian Immigration Daily News

The Migration (Temporary Visa Subclasses for PIC 4005 and 4007) Instrument 2026 (LIN 26/021) has been registered and commences on the day after registration on the Federal Register of Legislation

This instrument is made under subparagraphs 4005(2)(b)(ii) and 4007(1A)(b)(ii) of Schedule 4 to the Migration Regulations 1994. It repeals and replaces the Migration (Temporary visa subclass for the purpose of health requirement) Specification (LIN 22/007) 2022.

The purpose of LIN 26/021 is to specify the temporary visa subclasses to which Public Interest Criteria (PIC) 4005 and 4007 apply for the purposes of Schedule 4 to the Migration Regulations. In doing so, it updates and revises references to visa subclasses and removes references to subclasses 159 (Provisional Resident Return) and 487 (Skilled Regional Sponsored), which have been repealed and are no longer required to be referenced.

Where a temporary visa subclass is specified under PIC 4005 or PIC 4007, the applicant’s health assessment including the assessment of likely health care and community service costs is undertaken over the same period as a permanent visa application, commencing from the date of application, rather than the intended period of stay.

The instrument is exempt from disallowance under regulation 10 of the Legislation (Exemptions and Other Matters) Regulations 2015. As it is considered to be of a minor or machinery nature, external consultation was not undertaken and a statement of compatibility with human rights was not required.

The instrument also contains transitional provisions to preserve the operation of LIN 22/007 in limited circumstances relating to new born and dependent child applications under regulations 2.08 and 2.08B.

While primarily technical in nature, this update is significant for practitioners advising on health criteria, cost thresholds and visa strategy in temporary visa applications.

Source: Migration-Temporary-Visa-Subclasses-for-PIC-4005-and-4007-Instrument-2026.pdf and Migration-Temporary-Visa-Subclasses-for-PIC-4005-and-4007-Instrument-2026-EXPLANATORY-STATEMENT.pdf