Changes to Balance of Family Test and Sponsor for Parent and Remaining Relative Visas
From 1 July 2009, the Migration Regulations 1994 (the 'Regulations') will be amended to:
- allow change of sponsor for remaining relative and parent visas, at any time prior to visa decision, subject to the new sponsor meeting the sponsorship requirements
- clarify sponsorship provisions under Sub-regulation 1.20K
- make the Balance of Family (BoF) test a time of application criteria for all parent visas.
These changes will allow parent and remaining relative visa applicants to change sponsors at any time prior to visa decision subject to the new sponsor meeting the sponsorship requirements. This will ensure that in cases where a change of sponsor is desired or essential, the visa applicant will no longer be disadvantaged by their inability, under the current legislation, to change their sponsor.
Changes will also be made to the BoF test so that it is a time of application criterion for all parent visas. Currently, there are inconsistencies in the legislation across the parent visa subclasses relating to when the BoF test need to be satisfied. This legislative change will ensure that all six parent visa subclasses are consistent in relation to the BoF test requirement.
Furthermore, the transitional arrangement provisions, will ensure that applicants who have applications that are not finally determined, will also benefit from these changes.
Amendments are being made to information products affected by this legislative change.
Further information on these changes will be available through the department’s website.
See: All Notices of Legislation Changes