Changes to Subclass 416 (Special Program) visa to allow entry of seasonal workers to Australia

19 September 2008 Legislation Change

Client summary

From 19 September 2008, the Migration Regulations 1994 (‘the Regulations’) are amended to provide for non-citizens to be eligible to apply for a Subclass 416 (Special Program) visa to undertake approved seasonal work in Australia.

Affected legislation

The following provisions of the Regulations are amended:

Item 1205 of Schedule 1; and
Part 416 of Schedule 2.

Additional information:

On 17 August 2008, the Government announced its decision to provide for a pilot scheme to allow for non-citizens from selected countries to undertake seasonal work in Australia. These amendments to the Regulations will facilitate the lawful entry to, and stay in Australia for these seasonal workers under the migration legislation.

The Australian Government will negotiate Memoranda of Understanding, which will outline the terms of participation in the pilot, with participating overseas governments. 

Visa applicants will need to be invited by an Australian organisation who will enter into a special program agreement with the Department of Immigration and Citizenship.

Transitional provisions:

The amendment applies in relation to an application for a Subclass 416 (Special Program) visa (Cultural/Social (Temporary) (Class TE)) made on or after
19 September 2008.

Forms: Form 147, Application for a temporary residence visa (non-business). It is envisaged that the changes to this form will come into effect in January 2009.

Instructions: It is envisaged that PAM3 will be amended to reflect these changes by the end of the year.