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 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 2018

 

ADJUSTMENT OF VISA APPLICATION CHARGES 

This Disallowable Legislative Instrument, titled the Migration Amendment (Visa Application Charges) Regulations 2018 (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 2018-19 forecast consumer price index (CPI), as published in Budget Paper No.1 2018. The amendments will come into effect on 1 July 2018. 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. Peter Dutton MP, Minister for Home Affairs

and Minister for Immigration and Border Protection

 

ATTACHMENT C

 

Details of the Migration Amendment (Visa Application Charges) Regulations 2018

 

Section 1 - Name

 

This section provides that the title of the Regulations is the Migration Amendment (Visa Application Charges) Regulations 2018 (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.  The table states that the whole of this instrument commences on 1 July 2018.  A 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 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 Visa Application Charges (VACs) annually.

 

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)

 

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	Current VAC	New VAC
Base application charge	$7 130	$7 290
Additional applicant charge for an applicant who is at least 18	$3 565	$3 645
Additional applicant charge for an applicant who is less than 18	$1 780	$1 820

 

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	Current VAC	New VAC
Base application charge	$2 350	$2 405
Additional applicant charge for an applicant who is at least 18	$1 180	$1 205
Additional applicant charge for an applicant who is less than 18	$585	$600

 

Items 7-11 - Subparagraph 1104B(2)(a)(i) of Schedule 1 (table items 1 and 3) and Subparagraph 1104BA(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	Current VAC	New VAC
Base application charge	$330	$340
Additional applicant charge for an applicant who is less than 18	$80	$85

 

*         for any other applicant:

 

Applicable Charge	Current VAC	New VAC
Base application charge	$2 225	$2 275
Additional applicant charge for an applicant who is at least 18	$1 110	$1 135
Additional applicant charge for an applicant who is less than 18	$555	$570

 

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)

 

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	Current VAC	New VAC
Base application charge	$1 480	$1 510
Additional applicant charge for an applicant who is at least 18	$740	$755
Additional applicant charge for an applicant who is less than 18	$370	$380

 

*         for any other applicant:

 

Applicable Charge	Current VAC	New VAC
Base application charge	$2 415	$2 470
Additional applicant charge for an applicant who is at least 18	$1 210	$1 235
Additional applicant charge for an applicant who is less than 18	$605	$620

 

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)

 

These items amend 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:

 

Applicable Charge	Current VAC	New VAC
Base application charge	$1 480	$1 510
Additional applicant charge for an applicant who is at least 18	$740	$755
Additional applicant charge for an applicant who is less than 18	$370	$380

 

*         for any other applicant:

 

Applicable Charge	Current VAC	New VAC
Base application charge	$2 415	$2 470
Additional applicant charge for an applicant who is at least 18	$1 210	$1 235
Additional applicant charge for an applicant who is less than 18	$605	$620

 

Items 24-25 - Subparagraph 1111(2)(a)(i) of Schedule 1 (table items 1 and 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	Current VAC	New VAC
Base application charge	$280	$285
Additional applicant charge for an applicant who is less than 18	$70	$75

 

Items 26-28 - 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	Current VAC	New VAC
Base application charge	$3 730	$3 810
Additional applicant charge for an applicant who is at least 18	$1 865	$1 910
Additional applicant charge for an applicant who is less than 18	$935	$955

 

Items 29-31 - 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	Current VAC	New VAC
Base application charge	$3 730	$3 810
Additional applicant charge for an applicant who is at least 18	$1 865	$1 910
Additional applicant charge for an applicant who is less than 18	$935	$955

 

Items 32-34 - 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	Current VAC	New VAC
Base application charge	$3 670	$3 755
Additional applicant charge for an applicant who is at least 18	$1 835	$1 875
Additional applicant charge for an applicant who is less than 18	$920	$940

 

Items 35-37 - 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	Current VAC	New VAC
Base application charge	$3 670	$3 755
Additional applicant charge for an applicant who is at least 18	$1 835	$1 875
Additional applicant charge for an applicant who is less than 18	$920	$940

 

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)

 

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	Current VAC	New VAC
Base application charge	$3 590	$3 670
Additional applicant charge for an applicant who is at least 18	$1 795	$1 835
Additional applicant charge for an applicant who is less than 18	$900	$920

 

*         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	Current VAC	New VAC
Base application charge	$3 590	$3 670
Additional applicant charge for an applicant who is at least 18	$1 795	$1 835
Additional applicant charge for an applicant who is less than 18	$900	$920

 

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)

 

These items amend 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:

 

Applicable Charge	Current VAC	New VAC
Base application charge	$1 625	$1 665
Additional applicant charge for an applicant who is at least 18	$815	$835
Additional applicant charge for an applicant who is less than 18	$410	$415

 

*         For any other applicant:

 

Applicable Charge	Current VAC	New VAC
Base application charge	$3 945	$4 035
Additional applicant charge for an applicant who is at least 18	$1 975	$2 020
Additional applicant charge for an applicant who is less than 18	$990	$1 010

 

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)

 

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	Current VAC	New VAC
Base application charge	$1 625	$1 665
Additional applicant charge for an applicant who is at least 18	$815	$835
Additional applicant charge for an applicant who is less than 18	$410	$415

 

*         For any other applicant:

 

Applicable Charge	Current VAC	New VAC
Base application charge	$3 945	$4 035
Additional applicant charge for an applicant who is at least 18	$1 975	$ 2 020
Additional applicant charge for an applicant who is less than 18	$990	$1 010

 

Items 56-58 - 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	Current VAC	New VAC
Base application charge	$3 945	$4 035
Additional applicant charge for an applicant who is at least 18	$1 975	$2 020
Additional applicant charge for an applicant who is less than 18	$990	$1 010

Items 59-61 - 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 (Parent) visa) as follows:

 

Applicable Charge	Current VAC	New VAC
Base application charge	$3 945	$4 035
Additional applicant charge for an applicant who is at least 18	$1 975	$2 020
Additional applicant charge for an applicant who is less than 18	$990	$1 010

Items 62-79 - Subparagraph 1124B(2)(a)(ii) of Schedule 1 (table items 1-3) 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)

 

These items amend 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:

 

Applicable Charge	Current VAC	New VAC
Base application charge	$420	$430
Additional applicant charge for an applicant who is at least 18	$210	$215
Additional applicant charge for an applicant who is less than 18	$105	$110

 

*         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	Current VAC	New VAC
Base application charge	$1 480	$1 510
Additional applicant charge for an applicant who is at least 18	$740	$755
Additional applicant charge for an applicant who is less than 18	$370	$380

 

*         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	Current VAC	New VAC
Base application charge	$1 480	$1 510
Additional applicant charge for an applicant who is at least 18	$740	$755
Additional applicant charge for an applicant who is less than 18	$370	$380

 

*         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	Current VAC	New VAC
Base application charge	$1 170	$1 195
Additional applicant charge for an applicant who is at least 18	$585	$600
Additional applicant charge for an applicant who is less than 18	$290	$295

 

*         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	Current VAC	New VAC
Base application charge	$1 480	$1 510
Additional applicant charge for an applicant who is at least 18	$740	$755
Additional applicant charge for an applicant who is less than 18	$370	$380

 

*         For any other applicant:

 

Applicable Charge	Current VAC	New VAC
Base application charge	$7 000	$7 160
Additional applicant charge for an applicant who is at least 18	$3 505	$3 585
Additional applicant charge for an applicant who is less than 18	$1 755	$1 795

 

Items 80 - Paragraph 1128(2)(a) of Schedule 1

 

These items amend the first instalment VACs for the Return (Residence) (Class BB) visa (Subclass 155 (Five Year Resident Return) and 157 (Three Month Resident Return) visa) to increase the base application charge from $365 to $375.

Items 81-83 - 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) visa (Subclass 100 (Partner) visa) 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 as follows:

 

Applicable Charge	Current VAC	New VAC
Base application charge	$7 000	$7 160
Additional applicant charge for an applicant who is at least 18	$3 505	$3 585
Additional applicant charge for an applicant who is less than 18	$1 755	$1 795

Items 84-95 - Subparagraph 1130(2)(a)(i) of Schedule 1 (table items table items 1 and 3), subparagraph 1130(2)(a)(ii) of Schedule 1 (table items 1 and 3), subparagraph 1130(2)(a)(iii) of Schedule 1 (table items 1 and 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) 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, to increase the base application charge from $330 to $340.

 

*         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	Current VAC	New VAC
Base application charge	$330	$340
Additional applicant charge for an applicant who is less than 18	$80	$85

 

*         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	Current VAC	New VAC
Base application charge	$330	$340
Additional applicant charge for an applicant who is less than 18	$80	$85

 

*         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	Current VAC	New VAC
Base application charge	$2 415	$2 470
Additional applicant charge for an applicant who is at least 18	$1 210	$1 235
Additional applicant charge for an applicant who is less than 18	$605	$620

 

*         for any other applicant:

 

Applicable Charge	Current VAC	New VAC
Base application charge	$3 770	$3 855
Additional applicant charge for an applicant who is at least 18	$1 270	$1 300
Additional applicant charge for an applicant who is less than 18	$640	$650

Items 96-107 - Subparagraph 1130A(2)(a)(ii) of Schedule 1 (table items 1 and 3), subparagraph 1130A(2)(a)(iii) of Schedule 1 (table items 1 and 3), subparagraph 1130A(2)(a)(iv) of Schedule 1 (table items 1 and 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	Current VAC	New VAC
Base application charge	$330	$340
Additional applicant charge for an applicant who is less than 18	$80	$85

 

*         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	Current VAC	New VAC
Base application charge	$330	$340
Additional applicant charge for an applicant who is less than 18	$80	$85

 

*         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	Current VAC	New VAC
Base application charge	$330	$340
Additional applicant charge for an applicant who is less than 18	$80	$85

 

·         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	Current VAC	New VAC
Base application charge	$3 770	$3 855
Additional applicant charge for an applicant who is at least 18	$1 880	$1 925
Additional applicant charge for an applicant who is less than 18	$945	$965

*         For any other applicant:

 

Applicable Charge	Current VAC	New VAC
Base application charge	$3 770	$3 855
Additional applicant charge for an applicant who is at least 18	$1 880	$1 925
Additional applicant charge for an applicant who is less than 18	$945	$965

Items 108-113 - 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 (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:

 

Applicable Charge	Current VAC	New VAC
Base application charge	$375	$385
Additional applicant charge for an applicant who is at least 18	$190	$195
Additional applicant charge for an applicant who is less than 18	$95	$100

 

*         for any other applicant:

 

Applicable Charge	Current VAC	New VAC
Base application charge	$3 590	$3 670
Additional applicant charge for an applicant who is at least 18	$1 795	$1 835
Additional applicant charge for an applicant who is less than 18	$900	$920

Items 114-116 - 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	Current VAC	New VAC
Base application charge	$3 670	$3 755
Additional applicant charge for an applicant who is at least 18	$1 835	$1 875
Additional applicant charge for an applicant who is less than 18	$920	$940

 

Items 117-119 - Subregulation 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	Current VAC	New VAC
Base application charge	$734	$750
Additional applicant charge for an applicant who is at least 18	$367	$375
Additional applicant charge for an applicant who is less than 18	$184	$190

 

Items 120-122 - Subregulation 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	Current VAC	New VAC
Base application charge	$2 936	$3 000
Additional applicant charge for an applicant who is at least 18	$1 468	$1 500
Additional applicant charge for an applicant who is less than 18	$736	$755

 

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 123-125 - 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	Current VAC	New VAC
Base application charge	$3 670	$3 755
Additional applicant charge for an applicant who is at least 18	$1 835	$1 875
Additional applicant charge for an applicant who is less than 18	$920	$940

 

Items 126-139 - Subparagraph 1202B(2)(a)(i) of Schedule 1 (table items 1-2), 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	Current VAC	New VAC
Base application charge	$585	$600
Additional applicant charge for an applicant who is at least 18	$295	$300

 

*         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	Current VAC	New VAC
Base application charge	$7 150	$7 310
Additional applicant charge for an applicant who is at least 18	$3 575	$3 655
Additional applicant charge for an applicant who is less than 18	$1 790	$1 830

 

*         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	Current VAC	New VAC
Base application charge	$8 580	$8 770
Additional applicant charge for an applicant who is at least 18	$4 290	$4 385
Additional applicant charge for an applicant who is less than 18	$2 145	$2 195

 

*         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	Current VAC	New VAC
Base application charge	$3 670	$3 755
Additional applicant charge for an applicant who is at least 18	$1 835	$1 875
Additional applicant charge for an applicant who is less than 18	$920	$940

 

*         for any other applicant:

 

Applicable Charge	Current VAC	New VAC
Base application charge	$4 875	$4 985
Additional applicant charge for an applicant who is at least 18	$2 440	$2 495
Additional applicant charge for an applicant who is less than 18	$1 220	$1 245

 

Items 140-142 - 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	Current VAC	New VAC
Base application charge	$2 415	$2 470
Additional applicant charge for an applicant who is at least 18	$1 210	$1 235
Additional applicant charge for an applicant who is less than 18	$605	$620

 

Items 143-144 - Paragraph 1212B(2)(a) of Schedule 1 (table items 1 and 3)

 

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

 

Applicable Charge	Current VAC	New VAC
Base application charge	$330	$340
Additional applicant charge for an applicant who is less than 18	$80	$85

 

Items 145-146 - Paragraph 1214A(2)(a)(i) of Schedule 1 (table items 1 and 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	Current VAC	New VAC
Base application charge	$285	$290
Additional applicant charge for an applicant who is less than 18	$70	$75

 

 

Items 147-148 - Paragraph 1214BA(2)(a) of Schedule 1 (table items 1 and 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	Current VAC	New VAC
Base application charge	$330	$340
Additional applicant charge for an applicant who is less than 18	$80	$85

 

Items 149-151 - 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	Current VAC	New VAC
Base application charge	$7 000	$7 160
Additional applicant charge for an applicant who is at least 18	$3 505	$3 585
Additional applicant charge for an applicant who is less than 18	$1 755	$1 795

 

Items 152-153 - 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	Current VAC	New VAC
Base application charge	$190	$195
Additional applicant charge for an applicant who is at least 18	$95	$100

 

Items 154-156 - Paragraph 1217(2)(a) of Schedule 1 (table items 1-3)

 

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	Current VAC	New VAC
Base application charge	$365	$380
Additional applicant charge for an applicant who is at least 18	$185	$195
Additional applicant charge for an applicant who is less than 18	$90	$95

 

Items 157-159 - 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	Current VAC	New VAC
Base application charge	$2 540	$2 595
Additional applicant charge for an applicant who is at least 18	$1 270	$1 300
Additional applicant charge for an applicant who is less than 18	$640	$650

 

Items 160-162 - 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	Current VAC	New VAC
Base application charge	$3 770	$3 855
Additional applicant charge for an applicant who is at least 18	$1 880	$1 925
Additional applicant charge for an applicant who is less than 18	$945	$965

 

Items 163-164 - Subparagraph 1222(2)(a)(ii) of Schedule 1 (table items 1-2)

 

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	Current VAC	New VAC
Base application charge	$560	$575
Additional applicant charge for an applicant who is at least 18	$420	$430

 

Item 165 - Paragraphs 1224A(2)(a) and 1225(2)(a) of Schedule 1

 

These items amend the first instalment VACs for the Work and Holiday (Temporary) (Class US) (Subclass 462 (Work and Holiday) visa) and the Working Holiday (Temporary) (Class TZ) (Subclass 417 (Working Holiday) visa) to increase the base application charge from $440 to $450.

 

Items 166-168 - Subparagraph 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 Gradate visa)) as follows:

 

Applicable Charge	Current VAC	New VAC
Base application charge	$365	$375
Additional applicant charge for an applicant who is at least 18	$185	$190
Additional applicant charge for an applicant who is less than 18	$90	$95

 

 

 

Items 169-171 - Subparagraph 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	Current VAC	New VAC
Base application charge	$1 500	$1 535
Additional applicant charge for an applicant who is at least 18	$750	$765
Additional applicant charge for an applicant who is less than 18	$375	$385

 

Items 172-176 - Subparagraph 1230(2)(a)(i) of Schedule 1 (table items 1 and 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	Current VAC	New VAC
Base application charge	$325	$335
Additional applicant charge for an applicant who is less than 18	$80	$85

 

*         for any other applicant:

 

Applicable Charge	Current VAC	New VAC
Base application charge	$3 670	$3 755
Additional applicant charge for an applicant who is at least 18	$1 835	$1 875
Additional applicant charge for an applicant who is less than 18	$920	$940

 

Item 177 - 180 - Subparagraph 1231(2)(a)(v) of Schedule 1 (table items 1-2) and subparagraph 1234(2)(a)(iii) of Schedule 1 (table items 1-3)

 

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:

 

Applicable Charge	Current VAC	New VAC
Base application charge	$280	$285
Additional applicant charge for an applicant who is at least 18	$280	$285
Additional applicant charge for an applicant who is less than 18	$70	$75

 

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):

 

Applicable Charge	Current VAC	New VAC
Base application charge	$280	$285
Additional applicant charge for an applicant who is at least 18	$280	$285
Additional applicant charge for an applicant who is less than 18	$70	$75

 

Items 181-182 - Subparagraph 1236(2)(a)(i) 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 $345 to $355; and

*         in relation to an application for a Subclass 600 (Visitor) visa in the Frequent Traveller stream, increase the base application charge from $1 020 to $1 045.

 

Item 183 - 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	Current VAC	New VAC
Base application charge	$70	$75
Additional applicant charge for an applicant who is at least 18	$70	$75

 

Item 184 - 185 - 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	Current VAC	New VAC
Base application charge	$280	$285
Additional applicant charge for an applicant who is at least 18	$280	$285
Additional applicant charge for an applicant who is less than 18	$70	$75

 

 

 

 

Item 186 - 187 - Paragraph 1238(2)(a) of Schedule 1 (table items 1-3)

 

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

 

Applicable Charge	Current VAC	New VAC
Base application charge	$280	$285
Additional applicant charge for an applicant who is at least 18	$280	$285
Additional applicant charge for an applicant who is less than 18	$70	$75

 

Items 188 - 191 - 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 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	Current VAC	New VAC
Base application charge	$1 150	$1 175
Additional applicant charge for an applicant who is at least 18	$1 150	$1 175
Additional applicant charge for an applicant who is less than 18	$290	$295

 

*         For any other applicant:

 

Applicable Charge	Current VAC	New VAC
Base application charge	$2 400	$2 455
Additional applicant charge for an applicant who is at least 18	$2 400	$2 455
Additional applicant charge for an applicant who is less than 18	$600	$615

Items 192 - Subparagraph 1402(2)(a)(i) of Schedule 1 (table item 1)

 

This item amends the first instalment VACs 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 $2680 to $2 740.

 

 

 

Part 2 -- Application of amendments

 

Item 193 - In the appropriate position in Schedule 13

 

This item inserts new Part 72 in Schedule 13 to the Migration Regulations. New clause 7201 provides that the amendments made by the Regulations apply in relation to visa applications  made on or after 1 July 2018.