Working Holiday Maker (Subclasses 417 and 462) COVID-19 Replacement Concessions

Policy effect

Introduces specific criteria waivers and concessions for COVID-19 affected holders of Subclass 417 (Working Holiday) and Subclass 462 (Work and Holiday) visas who were unable to enter or utilize their visas due to border closures, allowing them to apply for replacement visas without satisfying standard age or location limitations.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… and specified work Migration Regulations 1994 1 Regulation 1.03 (definition of COVID-19 affected visa) Repeal the definition, substitute: COVID-19 affected visa means an offshore COVID-19 affected visa or an onshore COVID-19 affected visa. 2 Regulation 1.03 Insert: offshore COVID-19 affected visa means: (a) a Subclass 417 (Working Holiday) visa, or a Subclass 462 (Work and Holiday) visa, covered by subregulation 1.15P(1); or (b) a Subclass 417 (Working Holiday) visa, or a Subclass 462 (Work and Holiday) visa, of a kind specified for the purposes of this definition by the Minister under subregulation 1.15P(2). onshore COVID-19 affected visa means: (a) a Subclass 417 (Working Holiday) visa, or a Subclass 462 (Work and Holiday) visa, covered by subregulation 1.15P(2A); or (b) a Subclass 417 (Working Holiday) visa, or a Subclass 462 (Work and Holiday) visa, of a kind specified for the purposes of this definition by the Minister under subregulation 1.15P(2B). 3 Before subregulation 1.15P(1) Insert: Offshore COVID-19 affected visas 4 Subregulation 1.15P(2) After “definition of”, insert “offshore”. 5 After subregulation 1.15P(2) Insert: Onshore COVID-19 affected visas (2A) A Subclass 417 … (Working Holiday) visa or a Subclass 462 (Work and Holiday) visa (the covered visa) is covered by this subregulation if: (a) the covered visa is granted to a person before 20 March 2020; and (b) on 20 March 2020, either: (i) the covered visa is in effect; or (ii) the person does not hold a substantive visa and the covered visa is the last substantive visa held by the person; andAuthorised Version F2022L00244 registered 04/03/2022 Amendments Schedule 1 Exceptions relating to COVID-19 affected visas and specified work Part 1 Migration Amendment (Subclass 417 and 462 Visas) Regulations 2022 3 OPC65791 - A (c) the person is in Australia on 20 March 2020; and (d) between 5 March 2022 and 31 December 2022, the person applies for a Subclass 417 (Working Holiday) visa or a Subclass 462 (Work and Holiday) visa; and (e) the person is in Australia when the application is made; and (f) if the covered visa is cancelled before the application is made—it was cancelled on the ground specified in paragraph 2.43(1)(g). (2B) The Minister may, by legislative instrument, specify kinds of Subclass 417 (Working Holiday) visas and Subclass 462 (Work and Holiday) visas for the purposes of the definition of … Subparagraphs (c)(ii) and (iia) do not apply if: (i) the application is made between 5 March 2022 and 31 December 2022; and (ii) the applicant holds or held an onshore COVID-19 affected visa; and (iii) the applicant has not been granted a Subclass 462 (Work and Holiday) visa on the basis of another application made on or after 5 March 2022. (f) Subparagraph (c)(iv) does not apply if: (i) the application is made between 5 March 2022 and 31 December 2022; and (ii) the applicant holds a bridging visa. 14 Subitem 1225(3A) of Schedule 1 After “Subclass 417 (Working Holiday) visa”, insert “other than an offshore … (3B)(c) and (ca) do not apply if the applicant holds a passport of a kind specified by the Minister in a legislative instrument made for the purposes of this subitem. (3BB) Paragraphs (3B)(c) and (ca) do not apply if: (a) the application is made between 5 March 2022 and 31 December 2022; and (b) the applicant holds or held an onshore COVID-19 affected visa; and (c) the applicant has not been granted a Subclass 417 (Working Holiday) visa on the basis of another application made on or after 5 March 2022. (3BC) Paragraph (3B)(e) does not apply if: (a) the applicant is in Australia; and (b) when entering … 1; and (c) the applicant does not need to satisfy the criteria in subclauses (5) and (6) if: (i) the application is made between 5 March 2022 and 31 December 2022; and (ii) the applicant holds or held an onshore COVID-19 affected visa; and (iii) the applicant has not been granted a Subclass 417 (Working Holiday) visa on the basis of another application made on or after 5 March 2022. 21 Subparagraph 417.211(2)(b)(ii) of Schedule 2 After “holds”, insert “(or, if paragraph (1A)(a) applies, held)”. 22 Paragraph 417.221(2)(a) of Schedule 2 Repeal the paragraph, substitute: (a) continues to satisfy … (a) the applicant holds a passport of a kind specified by the Minister in a legislative instrument made for the purposes of paragraph 1224A(3)(d) of Schedule 1; or (b) all of the following apply: (i) the application is made between 5 March 2022 and 31 December 2022; (ii) the applicant holds or held an onshore COVID-19 affected visa; (iii) the applicant has not been granted a Subclass 462 (Work and Holiday) visa on the basis of another application made on or after 5 March 2022. 26 Paragraph 462.212(b) of Schedule 2 After “holds”, insert “(or, if paragraph 1224A(3)(aaa) of Schedule 1 applies, held …

Review method

Two separate automated exact-claim source reviews

Other Australia changes operative in 2022

• 2022-02-21Expansion of Subclass 408 COVID-19 Pandemic Event Visa work rights across all economic sectors
• 2022-03-05Hong Kong permanent-residence stream opened under Subclass 189
• 2022-03-05Hong Kong regional permanent-residence stream opened under Subclass 191
• 2022-03-05Subclass 445 grant-location flexibility extended beyond the COVID concession
• 2022-04-04Consolidation of Pacific Labour Mobility into the Subclass 403 PALM Stream
• 2022-07-01Subclass 186 Age Exemption for Legacy 457 Workers (LIN 22/047)
• 2022-10-01Repeal of the Australian Agriculture Worker Stream
• 2022-12-10Migration Amendment (Subclass 189 Visas—New Zealand Stream) Regulations 2022