Amendments to the definitions of 'Australian Child Order' and 'Step-Child' and to reduce the relationship period for some applicants to qualify for a Partner (Migrant) (Class BC) Visa or a Partner (Residence) (Class BS) Visa

Commencement: 27 March 2010

Client summary

From 27 March 2010, the Migration Regulations 1994 (the 'Principal Regulations') will be amended to ensure that the note to the definition of 'Australian Child Order', at regulation 1.03 of the Principal Regulations, is aligned with the definition appearing in the Family Law Act 1975. The definition of the term 'step-child', at regulation 1.03 of the Principal Regulations, will be amended by replacing reference to 'residence order' and 'specific issues order', with 'parenting order', consistent with the meaning in paragraphs (a) and (c) of the definition of 'Subdivision C parenting order' in section 4 of the Family Law Act 1975. A definition of 'parenting order' is inserted into regulation 1.03 of the Principal Regulations to ensure it is consistent with the meaning of subsection 64B(1) of the Family Law Act 1975. In addition, the definition of 'long-term partner relationship' in regulation 1.03 of the Principal Regulations will be amended by replacing the minimum spouse or de facto partner relationship period required to qualify for either a Partner (Migrant) (Class BC) or Partner (Residence) (Class BS) visa, from 5 years to 3 years.

Affected legislation

The following provisions of the Principal Regulations are amended:

• Part 1, Regulation 1.03.

Additional information

Nil.

Transitional provisions

Amendment to the definition of 'long-term partner relationship' apply in relation to applications for a visa made on or after 27 March 2010.

Amendments to the definitions of 'parenting order' and 'step-child' apply in relation to applications for a visa made, but not finally determined, (within the meaning of subsection 5(9) of the Migration Act 1958), before 27 March 2010, and applications made on or after 27 March 2010.

Forms

Form 1127 Booklet 1 Partner Migration, and Form 47SP Application for Migration to Australia by a Partner, will both have addenda published at the earliest opportunity.

Instructions

PAM 3, Div1.2/reg1.03 - Long-term partner relationship, Sch4/4015-4018 Custody of children, and Div1.2/reg1.03/Step-child will be amended to reflect these changes by 27 March 2010.