Amendments to the Migration Regulations 1994 to allow certain partners of Australian citizens, Australian permanent residents and eligible New Zealand citizens to apply for a Partner visa in Australia
14 September 2009 Legislation Change
Client summary
From 14 September 2009, the Migration Regulations 1994 are amended to allow some partners of Australian citizens, Australian permanent residents or eligible New Zealand citizens to apply for a Partner visa in Australia.
A person who does not hold a substantive visa (a visa that is not a Bridging visa or a Criminal Justice visa) and has had a visa refused or cancelled since their last entry to Australia is prevented by section 48 of the Migration Act from applying for another visa while in Australia, except for certain prescribed visa classes.
From 14 September 2009, these people may now be eligible to apply for a Partner visa in Australia if they meet certain criteria. They must not have had a visa cancelled or refused on character grounds or have had a Partner visa refused since their last entry to Australia, and they must provide with their application:
- a form 40SP Sponsorship for a partner to migrate to Australia completed and signed by an Australian citizen, Australian permanent resident or eligible New Zealand citizen who declares that they are the spouse or de facto partner of the applicant; and
- two statutory declarations from Australian citizens, Australian permanent residents or eligible New Zealand citizens supporting the existence of their relationship with their sponsor.
Affected legislation
The following provisions of the Regulations are amended:
Regulation 2.12
Schedule 1, Item 1214C
Additional information
Not applicable.
Transitional provisions
Not applicable.
Forms
Booklet 1: Partner Migration (Form 1127) will be amended to reflect these changes by 1 November 2009.
Instructions
PAM3 will be amended to reflect these changes by 14 September 2009.