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Departmental Information

Protection of Children – amendments to the Migration Regulations 1994 providing for character requirements for sponsors

Commencement: 27 March 2010

Client summary

From 27 March 2010, the Migration Regulations 1994 ('the Regulations') are amended to ensure that a person who has a conviction or outstanding charge for a child sex offence, or other serious offence which indicates that the person might pose a significant risk to a child, cannot sponsor a child for a partner or child visa.

Affected legislation

The following provisions of the Regulations are affected:

  • Part 1 - Regulation 1.20KB is inserted
  • Schedule 2 – Clause 101.222 – note is inserted
  • Schedule 2 – Clause 102.222 – note is inserted
  • Schedule 2 – Clause 117.222 – note is inserted
  • Schedule 2 – Clause 300.222 – note is inserted
  • Schedule 2 – Clause 309.222 – note is inserted
  • Schedule 2 – Clause 445.224 – note is inserted
  • Schedule 2 – Clause 802.226 - note is inserted
  • Schedule 2 – Clause 820.221A - note is inserted
  • Schedule 2 – Clause 837.226 - note is inserted.

Additional information

The amendments seek to protect applicants for partner or child visas who are under 18 years of age, by providing a limitation on sponsorships relating to the following visa classes:

  • Child (Migrant) (Class AH)
  • Child (Residence) (Class BT)
  • Extended Eligibility (Temporary) (Class TK)
  • Partner (Temporary) (Class UK)
  • Prospective Marriage (Temporary) (Class TO)
  • Partner (Provisional) (Class UF).

This limitation provides that the Minister must not approve a sponsorship for the relevant visa classes if one of the proposed applicants included in the sponsorship is under 18 years of age and the Minister is satisfied that the sponsor has a conviction or outstanding charge for a child sex offence, including an offence of a type that would lead to registration on the Australian National Child Offender Register. Further, for child visa classes, the sponsor’s partner must not have a relevant conviction or outstanding charge.

The Minister may request the sponsor or their partner to provide a police check to demonstrate that there is no relevant conviction or charge, and may refuse the sponsorship if the police check is not provided.

The Minister will have a discretion to approve the sponsorship in circumstances where 5 years have passed since completion of the sentence for the last relevant offence and there are compelling circumstances affecting the sponsor or the visa applicant.

Transitional provisions

The changes apply to all applications for a:

  • Child (Migrant) (Class AH);
  • Child (Residence) (Class BT);
  • Extended Eligibility (Temporary) (Class TK);
  • Partner (Temporary) (Class UK);
  • Prospective Marriage (Temporary) (Class TO); or
  • Partner (Provisional) (Class UF)

visa made on or after 27 March 2010.

Forms

  • 40CH Sponsorship for a child to migrate to Australia;
  • 40SP Sponsorship for a partner to migrate to Australia;
  • 47CH Application for migration to Australia by a child;
  • 47SP Application for migration to Australia by a partner;
  • 918 Application for a subclass 445 (temporary) visa by a dependent child;
  • Booklet 1: Partner Migration; and
  • Booklet 2: Child Migration,

will be amended by November 2010, with addendums and updated website information in the meantime.

Instructions

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