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Legislative instrument

Migration (Arrangements for Subclass 462 (Work and Holiday) Visa) Instrument 2026

Status
InForce
Made / registered
2026-06-30
Register ID
F2026L00883

Migration (Arrangements for Subclass 462 (Work and Holiday) Visa) Instrument 2026

I, Tony Burke, Minister for Home Affairs, make the following instrument.

Dated  29 June 2026

Tony Burke

Minister for Home Affairs

Contents

1  Name...................................................1

2  Commencement............................................1

3  Authority................................................1

4  Schedules................................................1

5  Definitions...............................................1

6  Form, place and manner for making a Work and Holiday visa application..........1

7  Passport and age arrangements for Work and Holiday visas...................2

8  Class of persons exempt from evidence of support for the grant of the visa..........2

9  Educational qualifications.......................................3

Schedule 1—Countries, age and educational qualifications 4

Schedule 2—Repeals 7

Migration (Arrangements for Work and Holiday (Subclass 462) Visa Applications) Instrument (LIN 21/019) 2021 7

1  Name

  This instrument is the Migration (Arrangements for Subclass 462 (Work and Holiday) Visa) Instrument 2026.

2  Commencement

  This instrument commences immediately after the commencement of the Migration Amendment (Working Holiday Maker Age Criteria) Regulations 2026.

3  Authority

  This instrument is made under the Migration Regulations 1994.

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

5  Definitions

  In this instrument:

AEDST means Australian Eastern Daylight Saving Time.

AEST means Australian Eastern Standard Time.

Internet application has the meaning given by regulation 1.03 of the Regulations.

Regulations means the Migration Regulations 1994.

written notice means an email from the Department:

 (a) notifying a person that they can make a visa application using an approved form that is specified in subsection 6(1) in a manner other than as an internet application; and

 (b) including instructions about how to provide the form to the Department.

6  Form, place and manner for making a Work and Holiday visa application

 (1) For the purposes of subitem 1224A(1) of Schedule 1 to the Regulations, the following approved forms are specified:

 (a) Form 1208 (Internet);

 (b) Form 1208.

 (2) For the purposes of paragraph 1224A(3)(aa) of Schedule 1 to the Regulations, the manner in which an application must be made is:

 (a) using Form 1208 (Internet) as an internet application; or

 (b) if a written notice has been given to the applicant:

 (i) using Form 1208; and

 (ii) attaching a copy of the written notice to the application; and

 (iii) submitting the application and written notice by email to WHM.invited.applications@homeaffairs.gov.au within 7 calendar days after the day on which the written notice was sent, calculated by reference to AEST or AEDST as applicable on that day.

7  Passport and age arrangements for Work and Holiday visas

 (1) For the purposes of paragraph 1224A(3)(a) of Schedule 1 to the Regulations, the foreign countries in column 1 of the table in Schedule 1 to this instrument are specified.

 (2) For the purposes of subparagraph 1224A(3)(aab)(ii) of Schedule 1 to the Regulations, the younger age (if any) is the age, expressed in years, specified in column 3 of an item of the table in Schedule 1 to this instrument, in relation to the foreign country specified in column 1 of the same table item.

8  Class of persons exempt from evidence of support for the grant of the visa

  For the purposes of subparagraph 1224A(3)(b)(iii) of Schedule 1 to the Regulations, the specified class of persons is applicants who hold a valid passport issued by a foreign country mentioned in an item of the following table.

Item

Foreign country

1

Argentina

2

Austria

3

Brazil

4

Chile

5

China, People’s Republic of

6

Czech Republic

7

Hungary

8

India

9

Israel

10

Luxembourg

11

Papua New Guinea

12

Portugal

13

Singapore

14

Slovak Republic

15

Spain

16

Switzerland

17

United States of America

18

Uruguay

19

Vietnam

Note: If an applicant falls within the class of persons specified in section 8, they are not required under subparagraph 1224A(3)(b)(iii) to provide evidence that they have government support for the grant of the visa.

9  Educational qualifications

  For the purposes of paragraph 462.221(c) of Schedule 2 to the Regulations, the educational qualifications mentioned in column 2 of an item of the table in Schedule 1 are specified in relation to the foreign country mentioned in column 1 of the same table item.

Note: Paragraph 462.221(c) of Schedule 2 to the Regulations provides that if the visa 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 must be the holder of an educational qualification specified in an instrument in writing for the paragraph, in relation to the foreign country that issued the applicant’s passport. Under paragraph 462.221(a), this may be either the passport the applicant held when they applied for the visa, or a valid replacement passport issued by the same country.


Schedule 1—Countries, age and educational qualifications

Item

Column 1

Country

Column 2

Educational qualifications

Column 3

Younger age

1

Argentina

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

30

2

Austria

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of higher education

30

3

Brazil

(a) successful completion of at least 2 years of post-secondary study

30

4

Chile

(a) tertiary qualifications; or

(b) satisfactory completion of, or approval to undertake, a third year of undergraduate university study

30

5

China, People’s Republic of

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

30

6

Czech Republic

(a) successful completion of at least 2 years of tertiary education

30

7

Ecuador

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of higher education study

30

8

Greece

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

30

9

Hungary

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

30

10

India

(a) successful completion of at least 2 years of post-secondary study

30

11

Indonesia

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

30

12

Israel

(a) secondary school qualifications; and

(b) completion of military service or a legal exemption from completing military service

30

13

Luxembourg

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

30

14

Malaysia

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

30

15

Mongolia

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

30

16

Papua New Guinea

(a) successful completion of at least 2 years of undergraduate university study

30

17

Peru

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

30

18

Philippines, Republic of the

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate study or post-secondary education

30

19

Poland

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

30

20

Portugal

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

30

21

San Marino

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

30

22

Singapore

(a) qualifications considered to be at tertiary level in Singapore; or

(b) successful completion of the equivalent of 2 years full-time tertiary study

30

23

Slovak Republic

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

30

24

Slovenia

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

30

25

Spain

(a) successful completion of at least 2 years higher education

30

26

Switzerland

(a) successful completion of at least 2 years of study following compulsory schooling

30

27

Thailand

(a) tertiary qualifications

30

28

Turkey

(a) tertiary qualifications; or

(b) satisfactory completion of at least 2 years of undergraduate university study

30

29

United States of America

(a) secondary school qualifications

30

30

Uruguay

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

30

31

Vietnam

(a) tertiary qualifications; or

(b) successful completion of at least 2 years of undergraduate university study

30


Schedule 2—Repeals

Migration (Arrangements for Work and Holiday (Subclass 462) Visa Applications) Instrument (LIN 21/019) 2021

1  The whole of the instrument

Repeal the instrument.

This is the as-made (original) text of F2026L00883, reproduced from the Federal Register of Legislation (legislation.gov.au) under CC BY 4.0. For an amended instrument the current compilation may differ — always confirm against the official source.

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