Document ID: chunk:federal_register_of_legislation:F2020C00275:reg:5
Version: federal_register_of_legislation:F2020C00275
Segment Type: reg
Provision Reference: reg 5
Character Range: 5749–8593

5  Form and manner of making visa applications

        (1) This section:
           (a) is made for the purposes of item 1242 of Schedule 1 to the Regulations; and
           (b) applies to an application for a Skilled Employer Sponsored Regional (Provisional) (Class PE) visa.

        (2) Subject to subsection (6):
           (a) the approved form for making the visa application is approved form 494V (Internet); and
           (b) the visa application must be made as an Internet application.

       Different way of making visa applications

        (3) The visa application may be made other than as an Internet application if:
           (a) a departmental email, sent in the circumstances mentioned in subsection (4), authorises the applicant to make the visa application other than as an Internet application; and
           (b) electronic lodgement of the visa application is not prevented by the Act or the Regulations.

        (4) For the purposes of paragraph (3)(a), the circumstances are the following:
           (a) a person in the Department has identified a problem with the Department's Internet application systems;
           (b) because of that problem, the applicant is unable to make an Internet application;
           (c) either the problem cannot be rectified, or both of the following subparagraphs apply:
              (i) it is more likely than not that the problem will not be rectified by the end of the day on which the departmental email is sent;
              (ii) the applicant will become an unlawful non‑citizen on, or before, the next business day after the departmental email is sent;
           (d) the departmental email includes:
              (i) approved form 494V; and
              (ii) the name and position number of the person who sent the departmental email.

        (6) If the visa application is made other than as an Internet application:
           (a) the approved form for making the application is approved form 494V; and
           (b) the visa application, in the form mentioned in paragraph (a), must be emailed:
              (i) to the address from which the departmental email was sent; and
              (ii) by the end of the day (by legal time in the Australian Capital Territory) on which the departmental email is sent; and
           (c) that email must also include:
              (i) a copy of the departmental email; and
              (ii) the name and position number of the person who sent the departmental email.

            Note: For approved forms, see regulation 1.03 of the Regulations. The visa application must be made in approved form 494V as approved when the visa application is made. The visa application must not be made in a previous version of approved form 494V. The current approved form 494V must have been included in the departmental email.