Exception to the limitation on Sponsored Family Visitor (subclass 679) sponsorship
1 November 2005 - Legislation change
Client summary
From 1 November 2005 the Migration Regulations 1994 will be amended so that in a limited set of circumstances a sponsor who has previously sponsored a subclass 679 (Sponsored Family Visitor) visa holder and has been barred for 5 years may be approved to sponsor another subclass 679 visa applicant.
The sponsorship may be approved where:
- the previously sponsored subclass 679 visa holder failed to depart Australia within the period specified by the visa;
- the failure to depart Australia occurred due to circumstances beyond the visa holder's control; and
- those circumstances occurred after the visa holder arrived in Australia.
Technical details
The amendment to subparagraph 1.20L(1)(c)(ii) of the Migration Regulations 1994 makes subregulation 1.20L(1) subject to the new subregulation 1.20L(4). Subregulation 1.20L(4) provides when the Minister may approve the sponsorship by a sponsor of an applicant for the subclass 679 (Sponsored Family Visitor) visa.
Additional information: Nil
Transitional arrangements: Nil
Forms: Amended sponsorship form 1149 to come into effect on 1 November 2005
Instructions: PAM3 Generic Guidelines H (Visitor visas) and Division 2.1 (Classes, criteria, conditions etc) have been amended.
Effect on delegations: Nil
Effect on systems: The ICSE change, to include a new qualifier for the reversal of the sponsor bar, will come into effect on 1 November 2005.