Correction of points allocated to Skilled – Regional Sponsored (Subclass 475) applicants with skilled partners

Commencement: 28 November 2009

Client summary

From the day after registration, the Migration Regulations 1994 ('the Regulations') are amended to ensure that applicants for the Skilled – Regional Sponsored (Subclass 475) visa and who meet 6B102 are allocated 5 points.

As this is a time of decision criterion, this amendment will apply to all applications made on or after the day of commencement as well as applications validly made but not yet finalised prior to commencement.

Affected legislation

The following provisions of the Regulations are amended:

Column 3 of item 6B102 of Part 6B.10 of Schedule 6B to the Regulations.

Additional information

Item 6B102 was inserted into the Regulations from 1 July 2009. The purpose of item 6B102 was to ensure that the English language requirement for partner points was the same as the English language requirement for the primary applicant. A typographical error in the regulations allowed 15 points to be allocated to the applicant for a Subclass 475 visa where they were able to demonstrate that their partner met the requirements.

This amendment corrects the typographical error and allocates 5 points to the primary applicant where their partner is able to meet the requirements of item 6B102.

Transitional provisions

The change applies to all Skilled – Regional Sponsored (Subclass 475) visa applications lodged on or after commencement and those applications validly made but not yet finalised prior to commencement. 

Forms

There are no changes to forms.

Instructions

There are no amendments to PAM3 as this amendment corrects a typographical error in the Regulations.