What's New?

Removal of the discretionary Assurance of Support requirement from Partner visas

From 1 January 2012, the discretionary Assurance of Support (AoS) requirement will be removed from Partner visas. This change means that an AoS will not be required for Partner visa applications made on or after 1 January 2012. The change also applies to Partner visa applications made but not finally determined by 1 January 2012.

This change affects the following visa subclasses:

• Partner temporary visa (subclass 309)
• Partner permanent visa  (subclass 100)
• Partner temporary visa  (subclass 820)
• Partner permanent visa (subclass 801)
• Prospective Marriage visa (subclass 300).

Any AoS that commenced prior to 1 January 2012 will still be enforced by the Department of Human Services.
See: Department of Human Services

Change to processing location for Partner and Family migration applications in Pakistan or Afghanistan from 1 December 2011

From 1 December 2011, the Australian High Commission in Islamabad, Pakistan will process all new partner, child and family migration applications lodged by clients who live in Pakistan or Afghanistan (except for applications made by Afghan nationals).

Applications lodged before 1 December will continue to be processed by the Australian Embassy in Bangkok, Thailand until further notice. Should a case be transferred to the Islamabad office, you will be notified by your new case officer in the Islamabad office.
Note: Clients are encouraged to lodge their application directly with this office, however applications will continue to be accepted at their nearest immigration office.
See: Change to processing location for partner and family migration applications from clients in Pakistan or Afghanistan ( 61K B PDF file)

Family migration – questions and answers

Information about the Family Migration program.
See: Family Migration – Questions and Answers

Stronger measures for the protection of children

Since 16 September 2009, sponsors of child visa applications and partner or prospective marriage applications which include a minor applicant have been required to provide a police check as part of the process of assessing the application.

From 27 March 2010, amendments have been made to the Migration Regulations to provide for mandatory refusal of sponsorships where a sponsor has a conviction or an outstanding charge for an offence against a child, or other serious offence indicating that the person might pose a significant risk to a child.
See: Stronger Measures for the Protection of Children

Additional requirements for lodging a valid application for certain child category visa applicants

From 27 March 2010, children who do not hold a substantive visa, and have been refused a visa or had a visa cancelled, must meet additional requirements in order to lodge a valid application for onshore Child (Subclass 802) and Orphan Relative (Subclass 837) visas.

They must:

• have not turned 25 years of age unless claiming to be incapacitated for work due to total or partial loss of bodily or mental functions; and
• unless claiming to be an orphan relative, provide an approved form 40CH Sponsorship for a child to migrate to Australia that has been completed and signed by an Australian citizen, Australian permanent resident or eligible New Zealand citizen who claims to be the parent of the applicant.

If claiming to be incapacitated for work due to total or partial loss of bodily or mental functions, the applicant must provide evidence from an Australian registered medical practitioner to support the claim.

Note: It is also a requirement for the grant of an Orphan Relative (Subclass 837) visa only that the applicant has not turned 18 at the time of application.

Amendments in relation to Contributory Parent visa holders sponsoring a partner

From 1 July 2009, amendments have been made to the Migration Regulations to prevent persons who are granted a permanent Contributory Parent category visa (Subclasses 143 and 864) from sponsoring their partner for a Partner or Prospective Marriage visa for five years from the day of their visa grant, if they:

• were granted their permanent Contributory Parent category visa on or after 1 July 2009; and
• were in a spouse or de facto partner relationship on or before the date their permanent Contributory Parent category visa was granted and now want to sponsor that partner.

Further details are available on the department's website.
See: Amendments in Relation to Contributory Parent Visa Holders Sponsoring a Partner

Parent Visa Applicants - administrative errors resulting in overcharge of the Migrant Health Services Charge (MHSC)

The Migrant Health Services Charge (MHSC) is governed by the Migration (Health Services) Charges Act 1991 and applies to any unfinalised visa application lodged before to 1 May 1997. Applications lodged on or after 1 May 1997 are subject to a Visa Application Charge.

The MHSC is charged for each applicant (including children) included in the visa application and is indexed on 21 August each year.  The visa applicant is required to pay the MHSC amount as at the date of the MHSC liability notification letter.

An administrative error has been discovered in the formula used for the indexation of the MHSC performed in 2006 and 2008. Clients who are affected are those who applied for a Parent (subclass 103) visa or an Aged Parent (subclass 804) visa before 1 May 1997 and were notified of their MHSC on the dates below.

• Clients who were notified of their MHSC between 21 August 2006 and 20 August 2007, and paid a MHSC of $1194, are eligible for a repayment of $9.
• Clients who were notified of their MHSC after 21 August 2008 and paid a MHSC of $1363 are eligible for a repayment of $99.

To claim a repayment, clients should submit a request in writing to:

The MHSC officer
Family Section
Department of Immigration and Citizenship
PO Box 25
Belconnen ACT 2616

They should provide contact details as well as details of the visa applicant(s) and, if possible, provide evidence of the MHSC payment. The MHSC Repayment Arrangements Form can be used by clients to authorise the payment of the repayment.
See: MHSC Repayment Arrangements Form ( 23KB PDF file)