Amendments to Former Resident Visa
20 December 2005 - Legislation change
Client summary
From 20 December 2005 , the Migration Regulations 1994 will be amended to ensure that accompanying members of the family unit of applicants for a Subclass 151 (Former Resident) visa are required to satisfy specified special return criteria if they have previously been in Australia .
These criteria were inadvertently omitted when Subclasses 151 (Former Resident) and 832 (Close Ties) visas were merged on 1 November 2005 . These amendments restore the previous provisions.
Members of the family unit of long residence and defence service applicants who were outside Australia at the time of application, and who have previously been in Australia , need to satisfy special return criteria 5001, 5002 and 5010.
Members of the family unit of long residence and defence service applicants who are in Australia at the time of application, and who have previously been in Australia , need to satisfy special return criteria 5001 and 5002.
Technical details
Schedule 2 amendments relating to special return criteria:
- new paragraph 151.225(c)
- new paragraph 151.226(c)
- new clause 151.227A
- new clause 151.227B
Schedule 2 minor technical amendments:
- paragraph 151.225(b)
- paragraph 151.226(b)
- paragraph 151.227(a)
Additional information: Nil
Transitional arrangements:These amendments apply to all visa applications made on or after 1 November 2005 but not finally determined before 20 December 2005 , and all visa applications made on or after 20 December 2005 .
Forms: 47SV and Booklet 8
Instructions:
PAM3 Sch2Visa151
PAM3 Sch2Visa832
Effect on delegations: Nil
Effect on systems: Nil