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Departmental Information

Amendments to various Parent Category Visas

Commencement: 27 March 2010

Client summary

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

  • allow certain applicants for a Contributory Parent (Migrant) (Class CA) visa and a Contributory Aged Parent (Residence) (Class DG) visa to add their spouse, de facto or a dependent child to their visa application after it is made but before it is decided;
  • allow a member of the family unit of an applicant in Australia at the time of application for a:
    • Contributory Parent (Migrant) (Class CA) in certain circumstances;
    • Contributory Aged Parent (Residence) (Class DG); or
    • Contributory Aged Parent (Temporary) (Class UU);

visa to be able to make an application for that visa after the primary applicant has applied, and before a decision has been made on the primary applicant's application.

In order to make an application the primary applicant must appear to satisfy the time of application criteria on the basis of the information in the application;

  • provide that applicants making an application on the basis of claiming to be a member of the family unit of a person who is an applicant for a Contributory Parent (Migrant) (Class CA) visa must be made in the same way as the application made by the primary applicant and may be made at the same time and place as, and combined with the application made by the primary applicant;
  • provide that an applicant seeking to satisfy the criteria for a Subclass 143 – Contributory Parent visa:
    • who is the member of the family unit of a person who is the holder of a Contributory Parent (Temporary)(Class UT) visa; and
    • did not make a combined application with a person who satisfies the primary criteria;

may be in or outside Australia, but not in immigration clearance when the visa is granted;

  • enable certain applicants who seek to satisfy the criteria for a Subclass 864 – Contributory Aged Parent visa to remain eligible for the grant of the visa even if their sponsoring child has died. These applicants will not be required to be sponsored to meet certain time of application criteria if their sponsoring child has died;
  • change select time of decision criteria for a Subclass 864 – Contributory Aged Parent visa to ensure that applicants who, at one point, held a substituted Subclass 676 visa can continue to meet the time of application criteria at the time of decision;
  • enable an applicant who is seeking to satisfy the criteria for a:
    • Subclass 103 – Parent;
    • Subclass 143 – Contributory Parent;
    • Subclass 173 – Contributory Parent (Temporary);
    • Subclass 804 – Aged Parent;
    • Subclass 864 – Contributory Aged Parent; or
    • Subclass 884 – Contributory Aged Parent (Temporary);

visa who is a parent of a child who has not turned 18 to be sponsored by a 'relative' of the child or in certain circumstances a 'relative' of the child's spouse rather than a 'close relative' that was provided by the Regulations before 27 March 2010;

  • reduce any potential abuse of the Subclass 804 – Aged Parent;
  • visa by applicants seeking to delay their departure from Australia by ensuring that holders of a Subclass 771 (Transit) visa or persons who immediately before ceasing to hold a substantive visa were the holder of a Subclass 771 (Transit) visa, will not be able to satisfy the time of application criteria for a Subclass 804 (Aged Parent) visa;
  • ensure time of application criteria is consistent with time of decision criteria in an Subclass 804 – Aged Parent visa by requiring that an applicant who is not the holder of a substituted Subclass 676 visa must be an 'aged parent' at the time of application rather than a 'parent' that was provided for in the Regulations before 27 March 2010; and
  • make further technical amendments to clarify certain provisions in the Regulations.

The above changes are to better align the Regulations with the objectives of family stream policy.

Affected legislation

The following provisions of the Regulations are amended:

  • Division 2.2, paragraphs 2.08A(2A)(d) and (e) – omitted
  • Schedule 1, subitem 1130(3) - substituted
  • Schedule 2, subparagraph 103.212(3)(b)(i) – amended
  • Schedule 2, subparagraph 103.212(3)(c)(i) – amended
  • Schedule 2, clause 143.211 – amended
  • Schedule 2, clause 143.211 – inserted new subclause 143.211(2)
  • Schedule 2, subparagraph 143.212(3)(b)(i) – amended
  • Schedule 2, subparagraph 143.212(3)(c)(i) – amended
  • Schedule 2, clause 143.311 – substituted
  • Schedule 2, paragraph 143.411(c) – amended
  • Schedule 2, clause 143.411 – inserted new paragraph 143.411(d)
  • Schedule 2, subparagraph 173.212(3)(b)(i) – amended
  • Schedule 2, subparagraph 173.212(3)(c)(i) – amended
  • Schedule 2, clause 804.211 – amended
  • Schedule 2, clause 804.211 – inserted new subclause 804.211(2)
  • Schedule 2, subclause 804.212(1) – substituted
  • Schedule 2, subparagraph 804.212(3)(b)(i) – amended
  • Schedule 2, subparagraph 804.212(3)(c)(i) – amended
  • Schedule 2, subparagraph 864.213(3)(b)(i) – amended
  • Schedule 2, subparagraph 864.213(3)(c)(i) – amended
  • Schedule 2, subclause 864.211(1) – substituted
  • Schedule 2, subclause 864.213(1) – paragraph 864.213(1)(b) amended and inserted new paragraph 864.213(1)(c)
  • Schedule 2, clause 864.221 – substituted
  • Schedule 2, clause 864.222 – amended
  • Schedule 2, clause 864.311 – substituted
  • Schedule 2, subclause 884.211(1) – substituted
  • Schedule 2, subparagraph 884.212(3)(b)(i) – amended
  • Schedule 2, subparagraph 884.212(3)(c)(i) – amended
  • Schedule 2, clause 884.311 – substituted.

Additional information

Nil.

Transitional provisions

The following amendments apply in relation to an application for a visa made on or after 27 March 2010:

  • the amendment to subitem 1130(3) to provide that applicants making an application on the basis of claiming to be a member of the family unit of a person who is an applicant for a Contributory Parent (Migrant)(Class CA) visa must be made in the same way as the application made by the primary applicant and may be made at the same time and place as, and combined with the application made by the primary applicant;
  • the amendment to reduce any potential abuse of a Subclass 143 (Contributory Parent) visa by providing that if an applicant is in Australia at the time of application and is not the holder of a substantive visa then they must satisfy schedule 3 criterion 3002;
  • the amendment to reduce any potential abuse of the Subclass 804 – Aged Parent visa by applicants seeking to delay their departure from Australia by ensuring that holders of a Subclass 771 (Transit) visa or persons who immediately before ceasing to hold a substantive visa were the holder of a Subclass 771 (Transit) visa, will not be able to satisfy the time of application criteria for Subclass 804 visa; and
  • the amendment to ensure time of application criteria is consistent with time of decision criteria in Subclass 804 – Aged Parent visas by requiring that applicants who are not the holder of a substituted Subclass 676 visa must be an 'aged parent' at the time of application rather than a 'parent' that was provided for in the Regulations before 27 March 2010.

All other amendments apply in relation to an application 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 to visa applications made on or after the commencement day.

Forms

Forms 47PA, 47PT and 1129 (Booklet 3) have been amended.

Instructions

PAM3 will be amended at Schedule 2 Parent Visas and Div2.2/reg2.08, to reflect these changes before commencement on 27 March 2010.