Repeal of Prospective Marriage Spouse Visa (Subclass 831)
1 July 2005 - Legislation change
Client summary
Before 1 November 1996, holders of Prospective Marriage visas who arrived in Australia and married their sponsor within nine months, could directly access permanent residence by applying for a Prospective Marriage Spouse visa.
After 1 November 1996 holders of a Prospective Marriage visa are streamlined into the Partner (Temporary) (Class UK) visa. Applying for a Spouse visa is a 2 stage process; applying for both a temporary and a permanent visa in the one application and at the same time. A temporary visa remains valid until a decision is made on the permanent visa application, which is generally 2 years after application.
As the pre 1 November 1996 caseload has significantly reduced it is no longer appropriate to maintain a separate subclass.
Technical details
The repeal of the Prospective Marriage Spouse visa (subclass 831), effective from 1 July 2005 will have the following effect:
- all criteria relating to subclass 831 will be removed
- transitional provisions will cater for applicants of any subclass 831 visa applications not yet finalised.
The following regulations are omitted due to the repeal of subclass 831:
- Paragraph 1.15A(3)(ab) from Division 1.2
- Subparagraph 1115(2)(a)(vi) from Schedule 1 to the Principal Regulations
- paragraph 1115(3)(a) from Schedule 1 to the Principal Regulations
- paragraph 1115(3)(c) from Schedule 1 to the Principal Regulations
- paragraph 1214C(3)(d) from Schedule 1 to the Principal Regulations
- Schedule 2, Part 831.
Additional information: Nil.
Transitional arrangements: The current regulations will continue to apply to any subclass 831 visa applications made before 1 July 2005, but not finally determined (within the meaning of subsection 5(9) of the Migration Act 1958) before 1 July 2005. From 1 July 2005, persons will not be able to make a valid application for a Subclass 831 visa.
Forms: Form 1126i will be amended in November 2005 to reflect the change.
Instructions: PAM3 - Amendments to PAM3 will be reflected in LEGEND from1 July 2005.
Migration Series Instructions 160 & 254 will be amended at a future date to reflect repeal.
Effect on delegations: Nil.
Effect on systems: Minor amendments will be made to ICSE after 1 July 2005.