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Visas, Immigration and Refugees

Addendum to Form 1130 Booklet 4 - Other Family Migration

(Design Date 07/09)

This addendum is effective from 9 November 2009 as the Migration Regulations 1994 (the Regulations) were amended to:

  • Ensure that the person who requires care is an Australian citizen, Australian permanent resident or eligible New Zealand citizen and to require that assistance cannot reasonably be provided by Australian relatives.

    Carer visa applications lodged before 9 November 2009 are not affected by the changes to the Regulations.

  • Ensure that the partner of an Australian relative cannot act as the sponsor for a Remaining Relative visa application if the Australian relative, or the Australian relative’s partner on their behalf, has previously sponsored or nominated a successful applicant for any of the following visas:
    • 104 Preferential family visa
    • 115 Remaining relative visa
    • 806 Family visa
    • 835 Remaining relative visa

Remaining visa applications made before 9 November 2009 are not affected by the changes to the Regulations.

Page 7, Sponsorship limitations in the Remaining Relative category, second paragraph

Replace: An application to migrate or remain permanently in Australia as a remaining relative of an Australian citizen, Australian permanent resident or eligible New Zealand citizen cannot be approved if the sponsor was:

  • previously granted a subclass 104 (Preferential Family) visa, subclass 806 (Family) visa, subclass 115 (Remaining Relative) visa or subclass 835 (Remaining Relative) visa; or
  • the sponsor/nominator of another person who was granted a subclass 104 (Preferential Family) visa, subclass 806 (Family) visa, subclass 115 (Remaining Relative) visa or subclass 835 (Remaining Relative) visa on the basis of that sponsorship/nomination.

With: An application to migrate or remain permanently in Australia as a remaining relative of an Australian citizen, Australian permanent resident or eligible New Zealand citizen (Australian relative) cannot be approved if:

  • the Australian relative was previously granted a subclass 104 (Preferential Family) visa, subclass 806 (Family) visa, subclass 115 (Remaining Relative) visa or subclass 835 (Remaining Relative) visa; or
  • the Australian relative or their partner on their behalf, sponsored /nominated another person who was granted a subclass 104 (Preferential Family) visa, subclass 806 (Family) visa, subclass 115 (Remaining Relative) visa or subclass 835 (Remaining Relative) visa on the basis of that sponsorship/nomination.

Page 15, paragraph 3

Replace: The type of assistance you provide must be of a type which cannot reasonably be obtained from any other relative or from welfare, hospital, nursing or community services in Australia.

With: The type of assistance you provide must be of a type which cannot reasonably be provided by any other relative or obtained from welfare, hospital, nursing or community services in Australia.

Page 15, under Medical assessment of the person needing care, paragraph 1

Replace: The person with the medical condition may be your relative or a member of your relative's family unit (see 'Terms you need to know' on pages 3-4). That person must be medically assessed by Health Services Australia (HSA).

With: The person with the medical condition may be your relative or a member of your relative's family unit (see 'Terms you need to know' on pages 3-4). That person must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen and be medically assessed by Health Services Australia (HSA).

Page 20, last item in the checklist

Replace: Carer applicant; Evidence that your relative who needs care has commenced HSA assessment – the letter from HSA or the HSA certificate.

With: Carer applicant; The HSA certificate or evidence that your relative who needs care has commenced HSA assessment (the letter from HSA).
If the person requiring care is a member of the sponsor’s family unit, evidence that they are also an Australian citizen, Australian permanent resident or eligible New Zealand citizen.

After: If the person requiring care is a member of the sponsor’s family unit, evidence that they are also an Australian citizen, Australian permanent resident or eligible New Zealand citizen.

Insert:
checklist box       Aged Dependent Relative visa applicant: Evidence of financial dependency on your relative in Australia.

checklist box       A competed form 47OF.

checklist box       A completed form 47A for each dependant aged 18 or over of you and/or your partner.

checklist box       A completed form 40 from your sponsor in Australia.