Amendments to provisions in the Migration Regulations 1994 concerning subclasses 309, 820, 100, 801, 115, 835 and 864 and regulation 1.20K
9 November 2009 Legislation Change
Client summary
From 9 November 2009, the Migration Regulations 1994 ('the Regulations') are amended to provide that:
- a Subclass 309 visa may be granted to a dependant visa applicant following review of a decision to not grant that visa, regardless of whether the applicant who met the primary criteria has already been granted the Subclass 100 visa (subject to the dependent applicant meeting all other relevant criteria);
- a Subclass 820 visa may be granted to a dependant visa applicant following review of a decision to not grant that visa, regardless of whether the applicant who met the primary criteria has already been granted the Subclass 801 visa (subject to the dependent applicant meeting all other relevant criteria);
- the "sponsoring partner" for the purposes of an application for a permanent partner visa must be an Australian citizen, permanent resident or eligible New Zealand citizen at time of decision;
- no more than one remaining relative of an Australian relative may be granted a subclass 115 or subclass 835 visa on the basis of meeting the primary criteria for a visa of those subclasses, regardless of whether the applicant is sponsored by the Australian relative or the spouse or de facto partner of the Australian relative; and
- a holder or former holder of a substituted Subclass 676 visa does not have to meet the age requirement for a subclass 864 Contributory Aged Parent visa.
Affected legislation
The following provisions of the Regulations are amended:
- Reg 1.03
- Reg 1.20K
- Schedule 2, clause 100.111
- Schedule 2, clause 115.1
- Schedule 2, subclause 115.211
- Schedule 2, clause 309.321
- Schedule 2, clause 801.111
- Schedule 2, clause 820.321
- Schedule 2, subclause 835.111
- Schedule 2, paragraph 864.212 (b)
- Schedule 2, subclause 864.222
- Schedule 2, paragraph 864.222A.
Additional information
Nil.
Transitional provisions
The amendments in 3 and 4 above apply to applications made on or after 9 November 2009. The amendments in 1, 2 and 5 above apply to applications made on or after 9 November 2009 and to applications made, but not fully determined (within the meaning of subsection 5 (9) of the Migration Act 1958), before 9 November 2009.
Forms
Forms will be updated by April 2010.
Instructions
PAM3: PAM3 will be amended to reflect these changes by 9 November 2009.