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Amendments to the Migration Regulations 1994 in relation to the:

  • Balance of Family test; and

  • Change of sponsor for parent and remaining relative visas

1 July 2009 Legislation Change

Client summary

From 1 July 2009, the Migration Regulations 1994 (the 'Regulations') are amended to:

  • allow change of sponsor for remaining relative and parent visas, at any time prior to visa decision, subject to the new sponsor meeting the sponsorship requirements;
  • clarify sponsorship provisions under Sub-regulation 1.20K; and
  • make the Balance of Family (BoF) test a time of application criteria for all parent visas.

Affected legislation

The following provisions of the Regulations are amended:

Clauses 103.222 and 103.223 are substituted with new clause 103.222
Clause 103.312 is amended
Clause 103.322 is amended
Clause 115.222 is amended
Clause 115.312 is amended
Clause 115.322 is amended
Paragraph 143.212(4)(a) is amended
Clauses 143.222 and 143.223 are substituted with new clauses 143.222 and 143.222A
Clauses 173.222 and 173.223 are substituted with new clause 173.222
Clause 173.312 is amended
Clause 173.322 is amended
Clause 804.214 is inserted
Clauses 804.222 and 804.223 are substituted with new clause 804.222
Clause 804.312 is amended
Clause 804.325 is amended
Clause 835.227 is amended
Clause 835.312 is amended
Clause 835.325 is amended
Paragraph 864.213(4)(a) is amended
Clause 864.222 is substituted with new clause 864.222 and 864.222A
Clause 864.223 is amended
Clauses 884.222 and 884.223 are substituted with new clause 884.222
Clause 884.312 is amended
Paragraph 884.322(a) is amended
Sub-regulation 1.20K(1) is amended

Additional information: On 5 March 2009, the Minister agreed to a proposal to develop legislative changes to allow parent and remaining relative visa applicants to change sponsors at any time prior to visa decision subject to the new sponsor meeting the sponsorship requirements. This will ensure that in cases where a change of sponsor is desired or essential, the visa applicant will no longer be disadvantaged by their inability, under the current legislation, to change their sponsor.

The Minister also agreed to making changes to the BoF test so that it is a time of application criterion for all parent visas. Prior to 1 July 2009, there were inconsistencies in the legislation across the parent visa subclasses relating to when the BoF test need to be satisfied. This legislative change will ensure that all six parent visa subclasses are consistent in relation to the BoF test requirement.

Furthermore, the transitional arrangement provisions, will ensure that applicants who have applications that are not finally determined, will also benefit from this change.

Amendments are being made to information products affected by this legislative change.

Transitional provisions: These changes apply to all applications in the remaining relative and parent visa subclasses from July 1 2009, and also to applicants who have applications that are not finally determined on 1 July 2009.

Forms: Relevant changes have been made to parent visa forms 40, 47PA, 47PT and 1129 (Booklet 3 – Parent Migration) with Design Date (07/09). No changes to forms 47OF, 47A, Form 1130 (Booklet 4 – Other Family Migration).

Instructions: PAM3 will be amended to reflect these legislative changes.