Visa application charges on Tourist (Class TR) visa and Temporary Business Entry (Class UC) (Subclass 456) visa. Studying on Subclass 676

From 01 July 2007 the Migration Regulations 1994 (‘the regulations’) are amended to prescribe a nil visa application charge (VAC) to:

• nationals of EU member states outside Australia who apply online for a Tourist (Class TR) visa for up to three months stay in Australia
• nationals of EU member states applying for a Temporary Business Entry (Class UC) (subclass 456) visa
  and
• individuals specified by the minister in a legislative instrument for whom a nil VAC will be prescribed under Classes TR and UC, including those attending a special event and those whose home country is in a state of emergency/humanitarian crisis.

Subclass 676 will also be amended to allow non-student visa holders to be granted (if in Australia when they apply) a subclass 676 for the purposes of studying. Student visa holders will also be able to be granted a subclass 676 in Australia for the purposes of studying provided that they are not:

• commencing a CRICOS registered course
  or
• continuing or completing a CRICOS registered course in which they are enrolled.

Technical details

The following provisions of the Regulations are amended:
Schedule 1,
subparagraph 1218(2)(a)(i)
subparagraph 1218(3)(e)(i)
subparagraph 1223A(2)(a)(viii)

Schedule 2,
subparagraph 676.221(2)(c)(ii)
paragraph 676.221(2)(e)
clause 676.212(appearing after clause 676.611)

Additional information:
The amendments provide flexibility for the Minister to exercise the discretion to specify in a legislative instrument classes of applicants in certain circumstances for a nil visa application charge. The amendments will also enable persons who are seeking to study in Australia in certain circumstances to apply in Australia for a Tourist (Class TR) visa. A number of minor technical amendments to the criteria will also be made.

Transitional arrangements:
The amendments apply to applications made on or after 1 July 2007.

Forms: Forms 990i, 456 and 48R (Internet) have been updated to reflect the nil VAC changes, and will be effective from 1 July 2007. Form 999i Visiting Australia – Study Options will be withdrawn from 1 July 2007. The website will however be updated to reflect those legislative changes.

Instructions: GenGuide H will be amended to reflect these legislative amendments of 1 July 2007.Note GenGuide H is due back with Instructions & Legend on 31 July 2007.

Effect on delegations: Nil

Effect on systems: ICSE (including e676) and IRIS have been amended to reflect the legislative amendments with effect from 1 July 2007.