Amendments to the Close Ties Visa Subclass
1 July 2005 - Legislation change
Client summary
From 1 July 2005, the Migration Regulations 1994 have been amended to remove certain provisions from within the Close Ties visa subclass, namely those which catered for people who had arrived in Australia before 1975, and those who entered Australia and became unlawful before turning 18 and had spent most of their formative years in Australia.
From 1 July 2005 the Close Ties visa subclass will only cater for certain former Australia permanent residents who:
- have spent 9 out of first 18 years in Australia as permanent residents, are under 45 years of age and have maintained close ties to Australia; or
- served in the Australian Armed forces for at least 3 months or was discharged before completely 3 months service because they became medically unfit as a result of their Australian defense service.
Technical details
Amendments were made to:
- Omit paragraph 2.12 (1)(a) and 2.12(2) of the Migration Regulations 1994 which enabled applicants who had been refused a visa or had a visa cancelled in Australia, to make a valid application for a Close Ties visa if they met the formative years requirements
- Amend Item 1128 of Schedule 1 of the Migration Regulations 1994 to remove superseded information and to specify the correct form number, visa application charge and address for valid application of a subclass 832 visa
- Remove provisions within Subclass 832 relating to people who arrived before 1975 and those who became unlawful before turning 18 and spent their formative years in Australia, while retaining provisions relating to former Australian permanent residents.
Additional information: Nil.
Transitional arrangements: The amendments apply to applications lodged on or after 1 July 2005.
Forms: Form 47SV and Booklet 8.
Instructions: PAM3: Sch2Visa832.
Effect on delegations: Nil.
Effect on systems: Nil.