Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (135 of 2014)
Schedule 2 Protection visas and other measures
Part 1 Protection visas
Division 2A Safe haven enterprise visas: pathways to other visas
Migration Regulations 1994
18G After regulation 2.06AAA
Insert:
2.06AAB Visa applications by holders and certain former holders of safe haven enterprise visas.
(1) For paragraph 46A(1A)(b) of the Act, visas of the subclasses listed in the following table are prescribed:
|
Visas for which holders and certain former holders of safe haven enterprise visas may apply |
|
|---|---|
|
Item |
Visa subclass |
|
1 |
Subclass 132 (Business Talent) |
|
2 |
Subclass 143 (Contributory Parent) |
|
3 |
Subclass 186 (Employer Nomination Scheme) |
|
4 |
Subclass 187 (Regional Sponsored Migration Scheme) |
|
5 |
Subclass 188 (Business Innovation and Investment (Provisional)) |
|
6 |
Subclass 189 (Skilled - Independent) |
|
7 |
Subclass 190 (Skilled - Nominated) |
|
8 |
Subclass 402 (Training and Research) |
|
9 |
Subclass 405 (Investor Retirement) |
|
10 |
Subclass 416 (Special Program) |
|
11 |
Subclass 445 (Dependent Child) |
|
12 |
Subclass 457 (Temporary Work (Skilled)) |
|
13 |
Subclass 476 (Skilled - Recognised Graduate) |
|
14 |
Subclass 489 (Skilled - Regional (Provisional)) |
|
15 |
Subclass 570 (Independent ELICOS Sector) |
|
16 |
Subclass 571 (Schools Sector) |
|
17 |
Subclass 572 (Vocational Education and Training Sector) |
|
18 |
Subclass 573 (Higher Education Sector) |
|
19 |
Subclass 574 (Postgraduate Research Sector) |
|
20 |
Subclass 575 (Non-Award Sector) |
|
21 |
Subclass 580 (Student Guardian) |
|
22 |
Subclass 801 (Partner) |
|
23 |
Subclass 802 (Child) |
|
24 |
Subclass 804 (Aged Parent) |
|
25 |
Subclass 820 (Partner) |
|
26 |
Subclass 835 (Remaining Relative) |
|
27 |
Subclass 836 (Carer) |
|
28 |
Subclass 837 (Orphan Relative) |
|
29 |
Subclass 838 (Aged Dependent Relative) |
|
30 |
Subclass 858 (Distinguished Talent) |
|
31 |
Subclass 864 (Contributory Aged Parent) |
|
32 |
Subclass 884 (Contributory Aged Parent (Temporary)) |
(2) For the purposes of paragraph 46A(1A)(c) of the Act, an applicant for a visa who currently holds, or has ever held, a safe haven enterprise visa must, for a period or periods totalling 42 months (which need not be continuous) while the visa is (or was) in effect, satisfy one of the following requirements:
(a) the applicant does not receive any social security benefits determined under subregulation (3), and is engaged in employment, as determined under that subregulation, in a regional area specified under subclause 1404(4) of Schedule 1;
(b) the applicant is enrolled in full-time study at an educational institution, as determined under subregulation (3), in a regional area specified under subclause 1404(4) of Schedule 1;
(c) the applicant satisfies a combination of the requirements in paragraph (a) and paragraph (b), at different times.
(3) The Minister may, by legislative instrument, make a determination for the purposes of paragraphs (2)(a) and (b).