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Departmental Information

Amendments relating to Child (Residence) (Class BT) visa applications

Commencement: 27 March 2010

Client summary

From 27 March 2010, the Migration Regulations 1994 ('the Regulations') are amended to:

  • prevent certain applicants from making a valid application for a Child (Residence) (Class BT) visa.

The applicants who will be prevented from making a valid application for a Child (Residence) (Class BT) visa are certain applicants to whom section 48 of the Migration Act 1958 ('the Act') applies.

A person in the migration zone who does not hold a substantive visa (that is a visa that is not a Bridging visa or a Criminal Justice visa or an enforcement visa) and has had a visa refused or cancelled (except a Bridging visa or a refusal under section 501, 501A or 501B of the Act) since their last entry to Australia is prevented by section 48 of the Act from applying for another visa while in Australia except for a class of visa prescribed by the Regulations. The Child (Residence) (Class BT) visa is a class of visa for which persons subject to section 48 of the Act may apply.

From 27 March 2010, a valid Child (Residence) (Class BT) visa application may only be made by a client to whom section 48 of the Act applies if the applicant has not turned 25 or claims to be incapacitated for work due to total or partial loss of bodily or mental functions. Further, there will be additional information which must be provided with the application.

For an applicant who is not claiming to be an orphan relative of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, the additional information will be a completed and signed Form 40CH – Sponsorship for a child to migrate to Australia.

For an applicant who claims to be incapacitated for work, the additional information will be evidence from a medical practitioner that supports the applicant's claim.

Affected legislation

The following provisions of the Regulations are amended:

  • Paragraph 1108A(3)(c) – amended
  • Paragraph 1108A(3)(d) – amended
  • Paragraph 1108A(3)(e) – inserted
  • Subitem 1108A(5) – inserted a definition of medical practitioner for item 1108A after the definition of letter of support.

Additional information

Nil.

Transitional provisions

The amendments will apply to visa applications made on or after 27 March 2010.

Forms

Form 40CH and Form 1128:  Booklet 2, Child Migration.

Instructions

PAM3 will be amended to reflect these changes by 27 March 2010.