Visa subclass 417 (Working Holiday) – age limit raised to 35 for some countries on 1 November 2018
The Migration (LIN 18/173: Arrangements for Working Holiday Visa Applications) Instrument 2018 (LIN 18/173) was registered on 30 October 2018 and commences immediately following the commencement of Schedule 1 to the Customs Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Act 2018 (the New Act). Schedule 1 of the New Act commences on:
The later of:
(a) the day this Act receives the Royal Assent; and
(b) the day the Comprehensive and Progressive Agreement for Trans‑Pacific Partnership, done at Santiago, Chile on 8 March 2018, enters into force for Australia.
However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur.
The Minister must announce, by notifiable instrument, the day the Agreement enters into force for Australia.
According to the DFAT’s webpage, the TPP Agreement ‘will enter into force on 30 December 2018’.
Under LIN 18/173, the age limit for most eligible countries remains at 30, but there is a change for holders of passports of Canada and The Republic of Ireland.
Paragraph 417.211(2)(b) of Schedule 2 of the Migration Regulations reads as follows:
The applicant…
(b) is aged at least 18 and no more than:
(i) 35; or
(ii) if a younger age is specified in the instrument mentioned in paragraph (a) for the kind of passport the applicant holds-that younger age.
Under LIN 18/173, the is no longer an age limit for Canada and The Republic of Ireland, which means that, as per the above provision, the maximum age for passport holders of those countries is 35.
There are other provisions in the instrument. Click here to read the explanatory statement.
Disclaimer: the above is a mere tentative analysis of a new piece of legislation. The views expressed in those documents might not reflect the view of the Department, the AAT or the courts. The law or policies might have changed between the writing and reading of this article. The author of this article and Migration Law Updates disclaim any liability for any action (or omission) on their part based on any information provided (or not provided) in this article and are under no obligation to keep the general public nor practitioners informed about the matters discussed in this article or any other matters, or any future changes to any of those matters. It is the responsibility of each practitioner to obtain access to primary sources of law and policy by themselves and to carry out their own research and come to their own conclusions on legislation, case law, policies and more. This article is not intended for the general public.
Sergio Zanotti Stagliorio is a Registered Migration Agent (MARN 1461003). He is the owner of Target Migration in Sydney. He can be reached at sergio@targetmigration.com.au