Legislative Instrument - F2016L01696 has a number of key changes as outlined below:
Visa Condition 8107
- The time period that a Subclass 457 (Temporary Work (Skilled) visa holder can remain in Australia after ceasing employment with their current sponsor will be decreased from 90 days to 60 days
- If 457 holder has not found a new sponsor within 60 days of ceasing that employment, they will be in breach of their visa condition 8107 and their visa may be cancelled.
Subclass 462 (Work and Holiday) visas
- Visa holders (or former holders) of Subclass 462 (Work and Holiday) visas will be able to apply for a second Subclass 462 (Work and Holiday) visa, if they have carried out work in areas of Australia and of a kind specified by the Minister, for at least three months as the holder of the first Subclass 462 (Work and Holiday) visa.
- In line with the Government’s White Paper on Developing Northern Australia, the specified work is intended to be work undertaken in the agriculture, forestry, fisheries, tourism and hospitality industries in the Northern Territory and northern parts of Western Australia and Queensland.
Information to be provided before identification tests
- This Schedule ensures that the requirements to provide certain information to a person prior to conducting an identification test under s257A of the Migration Act is extended to include Australian citizens. This information includes, for example, the reason for requesting the identifier, possible uses of identifier information and the breach of privacy complaint process.
- This amendment applies in relation to an identification test carried out on or after 19 November 2016
Change of definition of ‘member of family unit’
This change applies to most visas except protection, refugee and humanitarian visas
- This amendment includes ‘step child’ in the definition of ‘dependent child’
- Sets an upper age limit of 23 years for children or step-children who are dependent, unless they are incapacitated for work. This is to bring consistency to the provisions on who can accompany a visa holder as a family member in line with those on who can be sponsored by an existing permanent resident or citizen as a family member.
- Simplifies the provisions that allow a family member who holds a specified temporary visa to be eligible for a further visa even where they are no longer a member of the family unit, for example, because they are now over 23 years of age. This ensures the family unit is kept together for subsequent visas.
Note: For the purpose of a Subclass 457 visa, which specifies a subsequent visa may only be granted up to the end of the day before the dependent child’s 21st birthday this amendment applies to - a visa granted as a result of such an application, whether it was granted on the basis of being an MOFU before 19 November 2016 or as a result of anapplication made on or after 19 November 2016.