Values Statement Amendments to the Migration Regulations
15 October 2007 - Legislation change
Client summary
From 15 October 2007, the Migration Regulations 1994 ('the Regulations') are amended to introduce a new requirement that applicants for permanent, and selected temporary visas, must sign a statement that, among other things, they will respect Australian values and will comply with Australian law for the duration of their stay in Australia (a values statement).
Affected legislation
The following subclasses of visa in schedule 2 to the Regulations are amended:
| 100 | 101 | 103 | 110 | 114 | 115 |
| 116 | 119 | 120 | 121 | 124 | 132 |
| 143 | 151 | 160 | 161 | 162 | 163 |
| 164 | 165 | 173 | 175 | 176 | 200 |
| 201 | 202 | 203 | 204 | 300 | 309 |
| 310 | 405 | 410 | 411 | 415 | 416 |
| 417 | 418 | 419 | 420 | 421 | 422 |
| 423 | 426 | 427 | 428 | 442 | 445 |
| 447 | 451 | 457 | 461 | 462 | 470 |
| 475 | 476 | 485 | 487 | 570 | 571 |
| 572 | 573 | 574 | 575 | 576 | 580 |
| 785 | 787 | 800 | 801 | 802 | 804 |
| 814 | 820 | 826 | 835 | 836 | 838 |
| 845 | 846 | 852 | 855 | 856 | 857 |
| 858 | 864 | 866 | 884 | 885 | 886 |
| 887 | 890 | 891 | 892 | 893 |
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Schedule 4 to the Regulations is also amended to insert new public interest criterion 4019, and to insert a new Part 3 which provides for the requirements for new public interest criterion 4019.
Additional information:
Applicants for permanent visas, including applicants for most provisional visas that lead to permanent residence, will be required to sign a values statement indicating that they have read, or had explained to them, material made available by the department on life in Australia and that they understand and respect Australian values and will obey Australian laws.
The values statement will be included in application forms for affected permanent and provisional visas, with a space for all applicants over the age of 18 years to sign.
The material made available by the department will be a Life in Australia book, designed to inform visa applicants about Australian history, culture and social structures before they sign the values statement on their visa application form.
The book will be widely and freely available, including for download from the department's website, in printed form and in audio-visual format. It will be translated into about 29 community languages.
Applicants who are unable to read the book can have its contents explained to them by, for example, a friend or relative or their sponsor or agent.
Applicants for temporary visas with the potential for long term stay will be required to sign a values statement indicating that they will respect Australian values, (as listed on their application form) and will obey Australian laws.
These applicants will not be required to have read the Life in Australia book, but may do so if they wish.
The values statement will be included in the general declarations section of application forms for affected temporary visas and signing the application form will include signing the values statement.
We expect the majority of applicants to sign the values statement, those who fail or forget to sign the values statement will be given another opportunity to sign before a decision is made on their visa application.
Transitional provisions:
The amendments made by the Regulations apply to an application for a visa for a subclass listed above made on or after 15 October 2007. However, where additional applicants or dependent children are added to an existing application in accordance with regulation 2.08A or 2.08B they will not be required to sign a values statement if the original applicant applied before the commencement of the amendment Regulations, that is, before 15 October 2007.
Forms: The values statements have been incorporated into most visa application forms.
Instructions: PAM3 will be amended to reflect these changes by January 2008.