Regulation 2.06AAB — Visa applications by holders and certain former holders of safe haven enterprise visas

2.06AAB Visa applications by holders and certain former holders of safe haven enterprise visas

(1) For paragraph 46A(1A)(b) of the Act, visas of the subclasses listed in the following table are prescribed:

Visas for which holders and certain former holders of safe haven enterprise visas may apply Item Visa subclass 1A Subclass 010 (Bridging A) 1B Subclass 030 (Bridging C) 2 Subclass 143 (Contributory Parent) 3 Subclass 186 (Employer Nomination Scheme) 4 Subclass 187 (Regional Sponsored Migration Scheme) 5 Subclass 188 (Business Innovation and Investment (Provisional)) 6 Subclass 189 (Skilled—Independent) 7 Subclass 190 (Skilled—Nominated) 9 Subclass 405 (Investor Retirement) 10 Subclass 407 (Training) 11 Subclass 445 (Dependent Child) 13 Subclass 476 (Skilled—Recognised Graduate) 13A Subclass 482 (Skills in Demand) 14 Subclass 489 (Skilled—Regional (Provisional)) 14A Subclass 491 (Skilled Work Regional (Provisional)) 14B Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) 15 Subclass 500 (Student) 16 Subclass 590 (Student Guardian) 22 Subclass 801 (Partner) 23 Subclass 802 (Child) 24 Subclass 804 (Aged Parent) 25 Subclass 820 (Partner) 26 Subclass 835 (Remaining Relative) 27 Subclass 836 (Carer) 28 Subclass 837 (Orphan Relative) 29 Subclass 838 (Aged Dependent Relative) 30 Subclass 858 (National Innovation) 31 Subclass 864 (Contributory Aged Parent)

Visas for which holders and certain former holders of safe haven enterprise visas may apply Item Visa subclass 32 Subclass 884 (Contributory Aged Parent (Temporary))

(2) For the purposes of paragraph 46A(1A)(c) of the Act, an applicant for a visa of a class mentioned in subregulation (1), who currently holds, or has ever held, a safe haven enterprise visa must:

(a) subject to subregulation (4), for a period or periods totalling 42 months (which need not be continuous), as the holder of one or more safe haven enterprise visas, satisfy one of the following requirements:

(i) the applicant does not receive any social security benefits determined under subregulation (3), and is engaged in employment, as determined under that subregulation, in a regional area specified, at that time or at any later time occurring before the application is made, under subitem 1404(4) of Schedule 1;

(ii) the applicant is enrolled in full-time study at an educational institution, as determined under subregulation (3), in a regional area specified, at that time or at any later time occurring before the application is made, under subitem 1404(4) of Schedule 1;

(iii) the applicant satisfies a combination of the requirements in subparagraph (i) and subparagraph (ii), at different times; or

(b) be the member of the same family unit of, and have made a combined application with, a non-citizen who:

(i) is an applicant for the same class of visa; and

(ii) meets the requirements of paragraphs 46A(1A)(a) and (b) of the Act; and

(iii) meets the requirements of paragraph (a) of this subregulation.

(3) The Minister may, by legislative instrument, make a determination for the purposes of subparagraphs (2)(a)(i) and (ii).

(4) Any of the following periods may be counted for the purposes of calculating the period or periods totalling 42 months mentioned in paragraph (2)(a):

(a) any period during which the applicant receives social security benefits determined under subregulation (3) during a concession period;

(b) any period during which the applicant is unemployed during a concession period;

(c) any period during which the applicant is, during a concession period, employed in employment that is determined to be an essential service by the Minister under subregulation (5).

(5) The Minister may, by legislative instrument, make a determination for the purposes of paragraph (4)(c).