Removal of the Requirement for an Assurance of Support for Carer Visas (subclasses 116 and 836)
1 January 2008 - Legislation Change
Client summary
From 1 January 2008, the Migration Regulations 1994 ('the Regulations') will be amended to remove the requirement that an Assurance of Support be provided for applicants for visa subclasses 116 and 836 (carer visas).
Affected legislation
The following provisions of the Regulations are omitted:
Clause 116.225 of Schedule 2 to the Principal Regulations
Clause 116.325 of Schedule 2 to the Principal Regulations
Clause 836.222 of Schedule 2 to the Principal Regulations
Clause 836.323 of Schedule 2 to the Principal Regulations
Additional information:
Removal of the Assurance of Support requirement from Subclasses 116 and 836 was a recommendation arising from the 2006 multi-agency review of the Assurance of Support Scheme.
Transitional provisions:
These amendments apply in relation to an application for a visa made but not finally determined (within the meaning of subsection 5(9) of the Act) before 1 January 2008, and to new applications made on or after 1 January 2008.
The effect of this is that applications lodged before 1 January 2008 (when the AOS requirement was current) but not yet decided by 1 January 2008, will not be subject to the AOS requirement.
Forms: Addendum to Form 1130 Booklet 4 – Other Family Migration
Instructions: PAM3
PAM3 Div 1-2 – Reg 1.15AA
PAM3 Sch2Visa116
PAM3 Sch2Visa836
PAM3 Div 1-2 – Reg 1.03 – Assurance of support