Subsequent temporary application charge means the charge explained in sub-regulations 2.12C(5) and (6).
Migration > 2017 > 27/03/2017 - > R. 27/03/2017 - > MIGRATION REGULATIONS 1994 > PART 2 - VISAS [r2.01 - r2.55] > Pt 2 Div 2.2A - Visa application charge [r2.12C - r2.12L]
Division 2.2A - Visa application charge
Reg 2.12C Amount of visa application charge
Subsequent temporary application charge
(5) Subsequent temporary application charge is payable by an applicant for a visa if:
(a) the visa is specified by the Minister in an instrument in writing for this paragraph; and
(b) the applicant is in Australia at the time of application; and
(c) the applicant holds, or the last substantive visa held by the applicant was, a visa specified by the Minister in an instrument in writing for this paragraph (the previous visa); and
(d) the applicant was in Australia at the time of application for the previous visa; and
(e) the previous visa was not granted:
(i) as the result of an application that was taken, under regulation 2.08, to have been made; or
(ii) as the result of an application that was taken to have been made by operation of law; or
(iii) by the Minister exercising his or her power under section 195A, 345, 351, 417 or 501J of the Act; or
(iv) without the applicant making an application (unless the application is taken to be made in a way permitted by regulation 2.08B).
(6) The amount of subsequent temporary application charge is $700.
Migration > 2017 > 27/03/2017 - > P. 27/03/2017 - > PAM3 - MIGRATION REGULATIONS - DIVISIONS > PAM - Div 2.2A - Visa application charge
The subsequent temporary application charge
Onshore applicants only
The subsequent temporary application charge - refer to regulation 2.12C(5) - is applied to visa applicants who make a series of specified temporary visa applications while they are in Australia.
The subsequent temporary application charge is a component of the first instalment of the VAC and is liable to be paid in specific circumstances only.
Visas "liable" for the subsequent temporary application charge
A visa is "liable" for the subsequent temporary application charge only if it has been specified in a legislative instrument made under regulation 2.12C(5)(a). A visa applicant will be liable for the subsequent temporary application charge only if the application was made on or after 1 July 2013.
For those visas that are specified in the regulation 2.12C(5)(a) instrument as "liable", the subsequent temporary application charge is payable by an applicant for that visa if:
the applicant is in Australia at the time of the application and
the 'previous visa' - that is substantive visa held, or last held, by the applicant - is specified in the legislative instrument made under regulation 2.12C(5)(c) and
the applicant was in Australia at the time of application for the previous visa and
the application for the previous visa was not taken to have been made by a newborn child under regulation 2.08 and
the previous visa was not granted as the result of an application taken to have been made by operation of law and
he previous visa was not granted by the Minister exercising ministerial powers under s195A, s345, s351, s391, s417, s454 or s501J of the Act and
the previous visa was not granted without the applicant making an application.
An applicant would be liable to pay the subsequent temporary application charge irrespective of whether they had previously paid it in relation to another visa application.
The charge will apply to all applications for those substantive temporary visas:
specified in the regulation 2.12C(5) subsequent temporary application charge liability legislative instrument and
made after the applicant is granted a visa that meets regulation 2.12C(5)(c) criteria to be a 'previous visa'
and will apply until the person:
leaves Australia and applies for a visa outside Australia, which is granted, or
applies for and is granted a visa in Australia that is not a 'previous visa' as defined.
Provisional or temporary visas leading to the grant of a permanent visa
The subsequent temporary application charge does not apply to provisional or temporary visas that lead to a permanent visa. (An example is the UK-820 Partner visa, which leads to a BS-801 Partner visa.)
These visas are neither subsequent temporary application charge-liable nor a previous visa, and are not specified in either of the regulation 2.12C(5) legislative instruments.
The subsequent temporary application charge and combined applications
The subsequent temporary application charge is required to be paid by all applicants who are liable for it under the Regulations.
If an applicant's visa application is combined with another application, that applicant may be liable to pay the subsequent temporary application charge irrespective of whether any other applicant in the combined application is liable to pay it. In other words, in a combined application, all, some or none of the applicants may be liable to pay the subsequent temporary application charge. Liability will depend on each applicant's individual circumstances and whether that particular applicant meets the criteria for subsequent temporary application charge liability.
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