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Offshore Applicants Who Apply for the Wrong Visa Class

This relates to offshore applicants who apply for the incorrect visa class. When applying for a Cultural/Social (Temporary) ( Class TE) that includes subclasses:

• 411 (Exchange)
• 416 (Special Program)
• 420 (Entertainment)
• 421 (Sport)
• 423 (Media and Film Staff)
• 428 (Religious Worker)
  

In cases where an offshore applicant whose circumstances at the time of the original application (including information supplied with application) indicate that they would have been eligible for the grant of a different visa had they applied for it, an invitation should be extended by the Immigration Department to an applicant inviting them to apply again.

Regulation 2.11 operates only in respect of applications made outside Australia. No visa application charge (VAC) is payable for the invited further application unless the VAC for the class of visa applied for is more than that of the class originally applied for. In such matters, the difference between the two VACs is payable upon lodgement of the further application.

Note: there is no equivalent onshore migration regulatory provision to invite a further application from a person who has applied onshore for the 'wrong' visa.

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