The instrument specifies the Supporting Innovation in South Australia event for the purposes of visa subclass 408
The Migration (LIN 18/077: Supporting Innovation in South Australia Event for Class GG, Subclass 408 (Temporary Activity) Visa) Instrument 2018 commenced on 21 November 2018 and is made under cl 408.229 of Schedule 2 of the Migration Regulations 1994, which provides as follows:
Australian Government endorsed event
This clause applies to the applicant if:
(a) the applicant seeks to enter or remain in Australia to undertake work directly associated with an event; and
(b) the event is specified in a legislative instrument made by the Minister for the purposes of this paragraph; and
(c) the applicant is in a class of persons specified in the instrument in relation to the event.
Note: There is no requirement for a person or organisation to pass the sponsorship test or pass the support test in relation to the applicant.
LIN 18/077 includes the following provisions:
For the purposes of paragraph 408.229(b) of Schedule 2 to the Regulations, the event known as Supporting Innovation in South Australia is specified as an Australian Government endorsed event.
For the purposes of paragraph 408.229(c) of Schedule 2 to the Regulations, an applicant for a temporary activity visa is in a class of persons in relation to the specified event if:
(a) the applicant is under 45 years old at the time of the temporary activity visa application; and
(b) the applicant has vocational English; and
(c) the government of South Australia has endorsed an application for the applicant to participate in the specified event; and
(d) the applicant’s temporary visa application included a supporting business plan.
The explanatory statement contains the following passage:
2. The instrument operates for the Minister to specify an event for the purposes of a Subclass 408 (Temporary Activity) visa and to specify the classes of persons who are participating in the event who may be eligible to be granted a Subclass 408 visa.
3. The purpose of the instrument is to specify the Supporting Innovation in South Australia event, as an Australian Government endorsed event for the purposes of the Regulations. Additionally, the purpose of the instrument is to specify the class of persons, which an applicant for a subclass 408 visa must fall within to be eligible to be granted the visa. The class of persons specified are applicants:
a. who are under 45 years old at the time of application;
b. who can demonstrate vocational English in accordance with the requirements set out in subregulation 1.15B(1) of the Regulations;
c. whose application to participate in the Supporting Innovation in South Australia event has been endorsed by the government of South Australia; and
d. who has completed a written, supporting, business plan to take forward a business directly related to an innovative idea.
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