Amendments to Special Eligibility Visas
1 November 2005 - Legislation change
Client summary
From 1 November 2005, the Migration Regulations 1994 have been amended to merge the offshore and onshore former resident visas (Subclasses 832 and 151) into one class and one subclass.
This amendment establishes a new visa class - Special Eligibility (Class CB) - and sets the Schedule 1 and Schedule 2 criteria that must be met in order to make a valid application for the new Class CB visa.
Technical details
This amendment establishes a new visa class - Special Eligibility (Class CB) - and sets the Schedule 1 and Schedule 2 criteria that must be met in order to make a valid application for the new Class CB visa.
After 1 November 2005, applicants who may have previously been eligible for a Special Eligibility (Residence) (Class AO) (Subclass 832) or Special Eligibility (Migrant) (Class AR) (Subclass 151) may be eligible for a Special Eligibility (Class CB) (Subclass 151) visa.
Post 1 November 2005 applicants who would have satisfied the requirements leading to the grant of a Special Eligibility (Residence) (Class AO) (Subclass 832) or Special Eligibility (Migrant) (Class AR) (Subclass 151) visa will not be disadvantaged by the changes, as the amended Subclass 151 visa incorporates all the criteria and requirements for the Subclass 832 and Subclass 151 visas.
The new Special Eligibility (Class CB) visa will be available for both onshore and off shore applicants.
Additional information: Nil
Transitional arrangements: These amendments apply to all visa applications made on or after 1 November 2005.
Forms: 47SV and Booklet 8
Instructions: PAM3
Effect on delegations: Nil
Effect on systems: IT Systems have been changed to provide for the new visa subclass