Migration (Arrangements for Work and Holiday (Subclass 462) Visa Applications) Amendment(The Philippines) Instrument (LIN 24/041) 2024


LIN 21/019 specifies the requirements that an applicant must meet to make a valid Subclass 462
(Work and Holiday) visa application in accordance with Schedule 1 to the Migration Regulations. It
also specifies educational qualifications required to be met for the grant of the visa under
paragraph 462.221(c) of Schedule 2 to the Migration Regulations.

Item 1224A of Schedule 1 to the Migration Regulations sets out the requirements for making a valid
application for a Work and Holiday (Temporary) (Class US) visa. These requirements include:

  • the application must be made using the approved form specified by the Minister in a
    legislative instrument made under subregulation 2.07(5) (see subitem 1224A(1) of Schedule 1
    to the Migration Regulations);
  • an applicant must hold a valid passport issued by a foreign country specified in an instrument
    in writing (see paragraph 1224A(3)(a) of Schedule 1 to the Migration Regulations);
  • the application must be made at the place and in the manner specified in a legislative
    instrument made under subregulation 2.07(5) (see paragraph 1224A(3)(aa) of Schedule 1 to
    the Migration Regulations); and
  • if the applicant is not, and has not previously been in Australia as the holder of a Subclass 462
    visa, other than an offshore COVID-19 affected visa, the applicant is to provide evidence they
    have support for the grant of the visa from the foreign country, unless the applicant is a
    member of a class of persons specified by the Minister in an instrument in writing (see
    subparagraph 1224A(3)(b)(iii) of Schedule 1 to the Migration Regulations)).
    Authorised Version Explanatory Statement registered 24/06/2024 to F2024L00768

    6 Part 462 of Schedule 2 to the Migration Regulations sets out the criteria that an applicant must satisfy
    to be granted a Subclass 462 visa. This includes the requirement in paragraph 462.221(c), which
    provides:
  • if the applicant is not, and has not previously been in Australia as the holder of a Subclass 462
    visa, other than an offshore COVID-19 affected visa, the applicant is the holder of an
    educational qualification specified in an instrument in writing in relation to the foreign
    country that issued the passport mentioned in paragraph 1224A(3)(a) of Schedule 1 to the
    Migration Regulations.
    7 The purpose of this instrument is to amend LIN 21/019 to implement Subclass 462 (Work and
    Holiday) visa arrangements agreed to by the Australian Government and the Government of the
    Republic of the Philippines. The instrument amends LIN 21/019 to:
  • specify the Philippines as a foreign country for the purpose of paragraph 1224A(3)(a) of
    Schedule 1 to the Migration Regulations; and
  • specify the educational qualifications required for Subclass 462 visa applicants from the
    Philippines for the purpose of paragraph 462.221(c) of Schedule 2 to the Migration
    Regulations.
    8 Eligibility to apply for a Subclass 462 visa is restricted to applicants who hold a valid passport issued
    by a foreign country mentioned in a legislative instrument made for paragraph 1224A(3)(a) of
    Schedule 1 to the Migration Regulations. These amendments enable applicants who hold a valid
    passport issued by the Republic of the Philippines to apply for a Work and Holiday (Temporary)
    (Class US) visa.

Written by Ross Ahmadzai

28 Jun, 2024

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