Regulation 2.05A — Extension of certain visas held by Ukraine passport holders etc.

2.05A Extension of certain visas held by Ukraine passport holders etc.

(1) Despite anything in Schedule 2 to these Regulations, a visa to which subregulation (2), (3) or (4) of this regulation applies is a temporary visa permitting the holder to travel to, enter and remain in Australia until 6 months after the original end date of the visa.

Eligibility for extension

(2) This subregulation applies to a visa, at and after the end of 23 February 2022, if:

(a) the visa is any of the following visas:

(i) a Subclass 400 (Temporary Work (Short Stay Specialist)) visa;

(ii) a Subclass 408 (Temporary Activity) visa;

(iii) a Subclass 457 (Temporary Work (Skilled)) visa;

(iv) a Subclass 482 (Temporary Skill Shortage) visa;

(v) a Subclass 485 (Temporary Graduate) visa;

(vi) a Subclass 500 (Student) visa; and

(b) on the date of grant of the visa, the person to whom the visa was granted held a valid passport issued by Ukraine; and

(c) the original end date of the visa is:

(i) on or after 23 February 2022; and

(ii) before 1 July 2022; and

(d) on 23 February 2022:

(i) the person is in Australia; and

(ii) the visa is in effect.

(3) This subregulation applies to a visa held by a person if:

(a) the visa was granted to the person on or before 23 February 2022 on the basis that the person satisfied the secondary criteria for the grant of the visa as a member of the family unit of a person who holds a visa (the primary visa) of the same subclass granted on the basis of satisfying the primary criteria for the grant of the visa; and

(b) subregulation (2) or (4) applies to the primary visa.

(4) If:

(a) a visa (the secondary visa) was granted to a person on or before 23 February 2022 on the basis that the person satisfied the secondary criteria for the grant of the visa as a member of the family unit of the person who holds a visa (the primary visa) of the same subclass granted on the basis of satisfying the primary criteria for the grant of the visa; and

(b) subregulation (2) applies to the secondary visa;

then this subregulation applies to the primary visa.

Original end date

(5) For the purposes of this regulation, the original end date of a visa mentioned in column 1 of an item of the following table is the day mentioned in column 2 of the item.

Original end dates Item Column 1 Column 2 Visa Original end date 1 a visa not covered by another item of this the last day on which, disregarding this table regulation, the holder of the visa can travel to, enter and remain in Australia under the visa 2 Subclass 400 (Temporary Work (Short Stay the last day of the period mentioned in Specialist)) visa paragraph 400.511(b) of Schedule 2 in relation to the visa 3 Subclass 408 (Temporary Activity) visa the day that, disregarding this regulation, is the last day of the relevant period of stay mentioned in clause 408.511 of Schedule 2