Amendments to Create the New Superyacht Crew Visa
27 October 2008 legislation change
Client summary
From 27 October 2008, the Migration Regulations 1994 (‘the Regulations’) are amended to introduce the new Superyacht Crew (Temporary) (class UW) visa class and Superyacht Crew (subclass 488) visa subclass.
Affected legislation
The following provisions of the Regulations are amended:
- Division 1.2
- Division 1.4
- Division 2.2
- Division 2.9
- Schedule 1 – new Item 1227A
- Schedule 2 – new Part 448
- Schedule 4
- Schedule 8 – new condition 8114.
Additional information:
The Superyacht Crew visa is being introduced as part of the Government’s election commitment to support the Superyacht industry by introducing a new visa to cope with the specific needs of crew.
To be eligible to be granted a Superyacht Crew (subclass 488) visa, amongst other things, an applicant must be employed as a member of the crew of a superyacht. Applicants must be sponsored by the captain or owner of the superyacht on which they are working.
Applicants can apply to stay and work in Australia for up to 12 months and can apply for a further Superyacht Crew visa onshore if required.
Superyacht crew members who are already in Australia on a business visa are not required to immediately apply for a Superyacht Crew (subclass 488) visa. These crew members can apply for a Superyacht Crew (subclass 488) visa in Australia at any time before their substantive visa ceases.
Transitional provisions: The amendments apply in relation to an application for a visa made on or after 27 October 2008.
Forms: New application form 1365 and 1365 (internet) and new sponsorship form 1366 will be available from 27 October 2007.
Instructions: PAM3 has been developed in relation to these changes.