Subclass 476 extensions, Australian ETA App and Subclass 482 amendments

This Instrument amends the Migration Regulations to extend the period of stay in Australia for Subclass 476 visa holders, expand the use of the digital app to apply for an ETA and facilitate a pathway to permanent residence for SC 482 visa holders.

Migration Amendment (2022 Measures No. 2) Regulations 2022 – F2022L00521

Schedule 1 – Skilled Recognized Graduates Subclass 476

Holders of Skilled Recognized Graduate Subclass 476 visas whose stay has been affected by the COVID pandemic will have their visas extended to 14 April 2024 for Reg 476.511, if:

(a) the visa was granted on the basis that the person to whom it was granted satisfied the primary criteria for the grant of the visa; and

(b) the person was outside Australia on a day to which all of the following subparagraphs apply:

(i) the day occurred on or before the original end date;

(ii) the day occurred between 1 February 2020 and 14 December 2021;

(iii) the visa was in effect on the day; and

(c) the original end date occurs before 14 April 2024; and

(d) the visa is not cancelled on or before the original end date.

Secondary visa holders are included where the primary visa holder meets these requirements.

This extension applies to all primary Subclass 476 visa holders who were outside of Australia at any time between 1 February 2020 and 14 December 2021 and applies even if the visa has already ceased, or would have ceased before this amendment was made but was not cancelled.

Item 10701 – these amendments apply for Subclass 476 holders where:

(a) the visa:

(i) was granted before 31 January 2020; and

(ii) did not cease to be in effect before 31 January 2020; or

(b) the visa is granted on or after 31 January 2020.

This Schedule commences retrospectively on 31 January 2022.

Schedule 2 – Australian ETA App

This Schedule amends the Migration Regulations to:

• clarify how an application for an ETA visa may be made; and
• expands who may utilize the Australian ETA App to apply for an ETA visa, to include persons who hold a passport that is both an ETA-eligible passport and an eVisitor eligible passport.

The Australian ETA App auto-populates biographical information from the applicant’s passport and collects biometrics through the capture of passport and live facial images.

The Australian ETA App has specific travel agent functionality to enable travel agents to download the AustralianETA App to lodge an application on behalf of an applicant.

Item 10702 – these amendments apply to applications made on or after 5 April 2022

This Schedule commences on 5 April 2022.

Schedule 3 – Third onshore application for SC 482 visas

This amendment allows SC 482 holders to apply for a third SC 482 visa onshore where they:

• were in Australia as the holder of an SC 482 visa in the Short-term stream for periods that total at least 12 months between 1 February 2020 and 14 December 2021; and
• make that further application before 1 July 2023 unless the Minister specifies a later date.

Changes have been made to Sch 1, Item 1240(3)(b)(ii) and new clauses inserted at 1240(3A) and (3B) to facilitate the pathway to a permanent visa for this cohort.

This Schedule commences on 1 July 2022.

This is a summary of this Legislative Instrument and Explanatory Statement, members should review these two documents in full before lodging applications for this visa.