Work and Holiday (Temporary) (Class US)

(1) Form: The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

(2) Visa application charge:

(a) the base application charge (payable at the time the application is made) is:

(i) for an applicant in a class of persons specified in a legislative instrument made for the purposes of this subparagraph under subregulation 2.07(5)—nil; or

(ii) in any other case—$650; and

(b) the second instalment (payable before grant of visa) is nil. Note: Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application. Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant’s application.

(3) Other:

(a) Applicant must hold a valid passport issued by a foreign country specified in an instrument in writing for this paragraph. Note: For foreign country, see section 2B of the Acts Interpretation Act 1901.

(aaa) Paragraph (a) does not apply if:

(i) the applicant is in Australia; and

(ii) when entering Australia, the applicant held a valid passport issued by a foreign country specified in an instrument in writing made under paragraph (a); and

(iii) the passport expired after the applicant entered Australia.

(aa) An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

(b) If the applicant is not, and has not previously been, in Australia as the holder of a Subclass 462 (Work and Holiday) visa other than an offshore COVID-19 affected visa, the applicant must:

(i) be outside Australia; and

(ii) not have previously been in Australia as the holder of a Subclass 417 (Working Holiday) visa; and

(iii) unless the applicant is a member of a class of persons specified by the Minister, by an instrument in writing, for this subparagraph—provide evidence that the applicant has the support for the grant of the visa from the government of the foreign country mentioned in paragraph (a).

(c) If the applicant is, or has previously been, in Australia as the holder of a Subclass 462 (Work and Holiday) visa other than an offshore COVID-19 affected visa:

(i) the applicant may be in or outside Australia, but not in immigration clearance; and

(ii) if, disregarding any COVID-19 affected visa, the applicant has held only one Subclass 462 (Work and Holiday) visa in Australia—the application must be accompanied by a declaration by the applicant

that he or she has carried out specified Subclass 462 work for a total period of at least 3 months as the holder of that visa; and

(iia) if, disregarding any COVID-19 affected visa, the applicant has held 2 Subclass 462 (Work and Holiday) visas in Australia—the application must be accompanied by a declaration by the applicant that:

(A) the applicant has carried out specified Subclass 462 work for a total period of at least 6 months; and

(B) all of that work was carried out while the applicant held the second Subclass 462 (Work and Holiday) visa or while the applicant held a bridging visa that was in effect and was granted on the basis of the application for the second Subclass 462 (Work and Holiday) visa (made at a time when the applicant held the first Subclass 462 (Work and Holiday) visa); and

(C) all of that work was carried out on or after 1 July 2019; and

(iii) disregarding any COVID-19 affected visa, the applicant has not held more than 2 Subclass 462 (Work and Holiday) visas in Australia (including any Subclass 462 (Work and Holiday) visa held by the applicant at the time of application); and

(iv) if the applicant is in Australia, the applicant must hold a substantive visa or have held a substantive visa at any time in the period of 28 days immediately before making the application.

(d) Subparagraphs (c)(ii) and (iia) 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 paragraph.

(e) 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.

(3A) If:

(a) the applicant is not, and has not previously been, in Australia as the holder of a Subclass 462 (Work and Holiday) visa; and

(b) the applicant holds a valid passport issued by a foreign country specified by the Minister in a legislative instrument made for the purposes of this paragraph;

the requirements of the following table must be met.

Requirements for certain applicants Item Requirements 1 The applicant is a selected participant for a visa pre-application process (the relevant process) conducted under subsection 46C(1) of the Act in relation to:

(a) a Subclass 462 (Work and Holiday) visa; and

(b) the foreign country that issued the valid passport held by the applicant

2 At the time the applicant became a registered participant for the relevant process, the applicant held a valid passport issued by the foreign country to which the relevant process relates 3 The application is made on or before the date specified in the notice given to the applicant after becoming a selected participant for the relevant process as the date by which the applicant must make a valid visa application for a Subclass 462 (Work and Holiday) visa Note: A determination made under subsection 46C(14) of the Act determines rules that apply in relation to the conduct of the relevant process, including when a person is a registered participant, and a selected participant, for the relevant process. It also provides for the giving of the notice referred to in item 3 of the table.