Migration Amendment Regulations 2010 (No. 1)1
Select Legislative Instrument 2010 No. 38
I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Migration Act 1958.
Dated 10 March 2010
QUENTIN BRYCE
Governor-General
By Her Excellency’s Command
CHRIS EVANS
Minister for Immigration and Citizenship
Contents
1 Name of Regulations 3
2 Commencement 3
3 Amendment of Migration Regulations 1994 — Schedule 1 3
4 Amendment of Migration Regulations 1994 — Schedule 2 4
5 Amendment of Migration Regulations 1994 — Schedule 3 4
6 Amendment of Migration Regulations 1994 — Schedule 4 5
7 Amendment of Migration Regulations 1994 — Schedule 5 5
8 Amendment of Migration Regulations 1994 — Schedule 6 6
9 Amendment of Migration Regulations 1994 — Schedule 7 6
Schedule 1 Amendments relating to definitions of Australian child order and step child 7
Schedule 2 Amendments relating to applications for Child (Residence) (Class BT) visas 9
Schedule 3 Amendments relating to worker protection 11
Part 1 General amendments of Migration Regulations 1994 11
Part 2 Amendments of Schedule 1 to Migration Regulations 1994 17
Part 3 Amendments of Schedule 2 to Migration Regulations 1994 19
Part 4 Amendment of Schedule 8 to Migration Regulations 1994 25
Schedule 4 Amendments relating to parent category visas 27
Part 1 Amendments applicable to all applications for visas 27
Part 2 Amendments applicable to applications for visas made on or after 27 March 2010 34
Schedule 5 Amendments relating to occupational trainee nomination criteria 37
Schedule 6 Amendment relating to Cultural/Social (Temporary) (Class TE) visa 39
Schedule 7 Amendments relating to partner visas 40
Part 1 Amendment applicable to all applications for visas 40
Part 2 Amendments applicable to applications for visas made on or after 27 March 2010 41
1 Name of Regulations
These Regulations are the Migration Amendment Regulations 2010 (No. 1).
2 Commencement
These Regulations commence on 27 March 2010.
3 Amendment of Migration Regulations 1994 — Schedule 1
(1) Schedule 1 amends the Migration Regulations 1994.
(2) The amendment made by item [2] of Schedule 1 applies in relation to an application for a visa made on or after 27 March 2010.
(3) The amendments made by items [3] and [4] of Schedule 1 apply in relation to an application for a visa:
(a) made, but not finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958), before 27 March 2010; or
(b) made on or after 27 March 2010.
4 Amendment of Migration Regulations 1994 — Schedule 2
(1) Schedule 2 amends the Migration Regulations 1994.
(2) The amendments made by Schedule 2 apply in relation to an application for a visa made on or after 27 March 2010.
5 Amendment of Migration Regulations 1994 — Schedule 3
(1) Schedule 3 amends the Migration Regulations 1994.
(2) The amendment made by item [1] of Schedule 3 applies in relation to a decision in respect of which a notice to cancel under section 119 of the Act was issued on or after 27 March 2010.
(3) The amendment made by item [19] of Schedule 3 applies in relation to a person who, on or after 27 March 2010, is a person of a kind mentioned in subregulation 2.86 (1) of the Migration Regulations 1994.
(4) The amendment made by item [20] of Schedule 3 applies in relation to a person who, on or after 14 September 2009, is approved as a sponsor of a kind mentioned in subregulation 2.86 (1) of the Migration Regulations 1994.
(5) The amendment made by item [21] of Schedule 3 applies in relation to an application for approval of a nominated position:
(a) made, but not finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958), before 27 March 2010; or
(b) made on or after 27 March 2010.
(6) The amendment made by item [27] of Schedule 3 applies in relation to an application for a visa made on or after 27 March 2010.
(7) The amendments made by Part 3 of Schedule 3 apply in relation to an application for a visa:
(a) made, but not finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958), before 27 March 2010; or
(b) made on or after 27 March 2010.
(8) The amendment made by Part 4 of Schedule 3 applies in relation to an application for a visa:
(a) made, but not finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958), before 27 March 2010; or
(b) made on or after 27 March 2010.
6 Amendment of Migration Regulations 1994 — Schedule 4
(1) Schedule 4 amends the Migration Regulations 1994.
(2) The amendments made by Part 1 of Schedule 4 apply in relation to an application for a visa:
(a) made, but not finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958), before 27 March 2010; or
(b) made on or after 27 March 2010.
(3) The amendments made by Part 2 of Schedule 4 apply in relation to an application for a visa made on or after 27 March 2010.
7 Amendment of Migration Regulations 1994 — Schedule 5
(1) Schedule 5 amends the Migration Regulations 1994.
(2) The amendments made by Schedule 5 apply in relation to an application for a Subclass 442 (Occupational Trainee) visa and a nomination for a Subclass 442 (Occupational Trainee) visa made on or after 27 March 2010.
8 Amendment of Migration Regulations 1994 — Schedule 6
(1) Schedule 6 amends the Migration Regulations 1994.
(2) The amendment made by Schedule 6 does not apply in relation to an application for a Cultural/Social (Temporary) (Class TE) visa made before 27 March 2010.
9 Amendment of Migration Regulations 1994 — Schedule 7
(1) Schedule 7 amends the Migration Regulations 1994.
(2) The amendment made by Part 1 of Schedule 7 applies in relation to an application for a visa:
(a) made, but not finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958), before 27 March 2010; or
(b) made on or after 27 March 2010.
(3) The amendments made by Part 2 of Schedule 7 apply in relation to an application for a visa made on or after 27 March 2010.
Schedule 1 Amendments relating to definitions of Australian child order and step child
(regulation 3)
[1] Regulation 1.03, definition of Australian child order, note
substitute
Note Subsection 70L (1) of the Family Law Act 1975 provides that an Australian child order means:
(a) a Subdivision C parenting order; or
(b) a State child order.
[2] Regulation 1.03, definition of long-term partner relationship, paragraph (b)
omit
5
insert
3
[3] Regulation 1.03, before definition of parent visa
insert
parenting order has the meaning given by subsection 64B (1) of the Family Law Act 1975.
[4] Regulation 1.03, definition of step-child, subparagraph (b) (iii)
substitute
(iii) in relation to whom the parent has:
(A) a parenting order in force under the Family Law Act 1975 under which the parent is the person with whom a child is to live, or who is to be responsible for the child’s long‑term or day-to-day care, welfare and development; or
(B) guardianship or custody, whether jointly or otherwise, under a Commonwealth, State or Territory law or a law in force in a foreign country.
Schedule 2 Amendments relating to applications for Child (Residence) (Class BT) visas
(regulation 4)
[1] Schedule 1, subparagraph 1108A (3) (c) (ii)
omit
applicant; and
insert
applicant.
[2] Schedule 1, paragraph 1108A (3) (d)
omit
is under 18 years of age
insert
has not turned 18
[3] Schedule 1, after paragraph 1108A (3) (d)
insert
(e) For an application made by a person to whom section 48 of the Act applies:
(i) the applicant:
(A) has not turned 25; or
(B) claims to be incapacitated for work due to total or partial loss of bodily or mental functions; and
(ii) if the applicant is not claiming to be an orphan relative of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, the applicant must provide, at the same time and place as making the application, an approved form 40CH 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; and
(iii) if the applicant claims to be incapacitated for work due to total or partial loss of bodily or mental functions, the applicant must provide, at the same time and place as making the application, evidence from a medical practitioner that supports the applicant’s claim.
[4] Schedule 1, subitem 1108A (5), after definition of letter of support
insert
medical practitioner means a person registered as a medical practitioner under a law of a State or Territory providing for the registration of medical practitioners.
Schedule 3 Amendments relating to worker protection
(regulation 5)
Part 1 General amendments of Migration Regulations 1994
[1] Subparagraph 2.43 (1) (l) (ii)
substitute
(ii) the sponsor has given false or misleading information to Immigration or the Migration Review Tribunal; or
[2] Subregulation 2.57 (1), definition of secondary sponsored person, sub-subparagraph (a) (ii) (B)
substitute
(B) who is taken, under section 78 of the Act, to have been granted the visa at the time of the person’s birth; and
[3] Subregulation 2.57 (1), definition of secondary sponsored person, sub-subparagraph (a) (iii) (D)
substitute
(D) who is taken, under section 78 of the Act, to have been granted the visa at the time of the person’s birth; and
[4] Subregulation 2.57 (1), definition of secondary sponsored person, sub-subparagraph (b) (ii) (B)
substitute
(B) who is taken, under section 78 of the Act, to have been granted the visa at the time of the person’s birth; and
[5] Subregulation 2.57 (1), definition of secondary sponsored person, sub-subparagraph (b) (iii) (D)
substitute
(D) who was granted the visa on the basis of satisfying the secondary criteria for the grant of the visa; and
[6] Subregulation 2.57 (1), definition of secondary sponsored person, sub-subparagraph (b) (iv) (D)
substitute
(D) who is taken, under section 78 of the Act, to have been granted the visa at the time of the person’s birth; and
[7] Subparagraph 2.59 (b) (ii)
omit
subclause
insert
subitem
[8] Paragraph 2.59 (e)
omit
instrument, in writing,
insert
instrument
[9] Paragraph 2.68 (h)
omit each mention of
the Minister
insert
Immigration
[10] Paragraph 2.69 (1) (c)
substitute
(c) if the decision is not to vary the term of the approval — by attaching a statement of reasons for the decision.
[11] Sub-subparagraph 2.72 (10) (d) (ii) (B)
omit
paragraph
insert
sub-subparagraph
[12] Sub-subparagraph 2.72 (10) (d) (iii) (B)
omit
paragraph
insert
sub-subparagraph
[13] Subregulation 2.72A (3)
omit
is be satisfied
insert
is satisfied
[14] Paragraph 2.72G (7) (a)
omit
and
insert
or
[15] Subparagraph 2.73 (6) (c) (ii)
omit
(b) the number of nominations made by the person and approved by the Minister under section 140GB are equal to or more than the number of approved nominations permitted under the work agreement for the year.
insert
(B) the number of nominations made by the person and approved by the Minister under section 140GB is equal to or more than the number of approved nominations permitted under the work agreement for the year.
[16] Subregulation 2.80 (1)
omit
(c) a standard business sponsor
insert
(d) a standard business sponsor
[17] Paragraph 2.80 (3) (b)
after
passport
insert
for
[18] Paragraph 2.84 (8) (a)
omit
on which the work
insert
the work
[19] Subregulation 2.86 (2)
substitute
(2) If the primary sponsored person holds a Subclass 457 (Business (Long Stay)) visa, or the last substantive visa held by the primary sponsored person was a Subclass 457 (Business (Long Stay)) visa, the person must ensure that the primary sponsored person:
(a) does not work in an occupation unless both of the following apply:
(i) the occupation was nominated by the person for the primary sponsored person under subsection 140GB (1) of the Act;
(ii) the nomination was approved by the Minister under subsection 140GB (2) of the Act; or
(b) is not employed in an activity unless both of the following apply:
(i) the activity was nominated by the person for the primary sponsored person under regulation 1.20G or 1.20GA (as in force immediately before 14 September 2009);
(ii) the nomination was approved by the Minister under regulation 1.20H (as in force immediately before 14 September 2009); or
(c) is not employed in an activity unless both of the following apply:
(i) the activity was nominated by the person for the primary sponsored person under regulation 1.20G or 1.20GA as in force immediately before 14 September 2009;
(ii) the nomination was approved by the Minister under subsection 140GB (2) of the Act.
[20] Subregulation 2.86 (2A)
omit everything after
the person must
insert
ensure that:
(c) if the person is or was a standard business sponsor who lawfully operates a business in Australia — the primary sponsored person is engaged only as:
(i) an employee of the person; or
(ii) an employee of an associated entity of the person; or
(d) if the person is or was a standard business sponsor who does not lawfully operate a business in Australia — the primary sponsored person is engaged only as an employee of the person; or
(e) if the person is or was a party to a work agreement — the primary sponsored person is engaged only as an employee of the person.
[21] Subparagraph 5.19 (1C) (a) (iii)
omit
Act; and
insert
Act (as in force immediately before 14 September 2009) or section 140M of the Act; and
Part 2 Amendments of Schedule 1 to Migration Regulations 1994
[22] Sub-sub-subparagraph 1205 (3) (cb) (ii) (D) (I)
omit
2.76 (4);
insert
2.76 (4); or
[23] Sub-sub-subparagraph 1205 (3) (cb) (ii) (D) (II)
omit
or
[24] Subparagraph 1207 (3) (ba) (i)
omit
applicant proposes to be identified
insert
applicant has been identified, or proposes to be identified,
[25] Subparagraph 1208 (3) (bb) (i)
omit
applicant proposes to be identified
insert
applicant has been identified, or proposes to be identified,
[26] Subparagraph 1208 (3) (bc) (i)
omit
applicant proposes to be identified
insert
applicant has been identified, or proposes to be identified,
[27] Subparagraph 1223A (1) (bb) (ii)
substitute
(ii) is not making a combined application with the applicant seeking to satisfy the primary criteria for the grant of that visa; and
(iii) either:
(A) the applicant is outside Australia at the time of the application; or
(B) at the time of the application, the applicant is in Australia and holds a substantive visa: 1066 or 1066S (Internet).
Part 3 Amendments of Schedule 2 to Migration Regulations 1994
[28] Clause 411.322A
omit
The
insert
Subject to clause 411.322AB, the
[29] After clause 411.322A
insert
411.322AB Clause 411.322A does not apply to an applicant who is a member of the family unit of the person who satisfies the primary criteria, and that person made his or her application before 14 September 2009.
[30] Clause 415.322
substitute
415.322 The following criteria are satisfied:
(a) if the member of the family unit who satisfies the primary criteria (the primary member) made his or her application on or after 14 September 2009 — the Minister is satisfied that the foreign government agency sponsor of the primary member has agreed in writing to be the foreign government agency sponsor in relation to the applicant;
(b) if the primary member made his or her application before 14 September 2009 — the applicant is included in any sponsorship required in respect of the primary member.
[31] Clause 416.311A
omit
If
insert
Subject to clause 416.311B, if
[32] After clause 416.311A
insert
416.311B Clause 416.311A does not apply to an applicant who is a member of the family unit of the person who satisfies the primary criteria, and that person made his or her application before 14 September 2009.
[33] Clause 419.321A
omit
The
insert
Subject to clause 419.321B, the
[34] After clause 419.321A
insert
419.321B Clause 419.321A does not apply to an applicant who is a member of the family unit of the person who satisfies the primary criteria, and that person made his or her application before 14 September 2009.
[35] Clause 420.322
substitute
420.322 The following criteria are satisfied:
(a) if the member of the family unit who satisfies the primary criteria (the primary member) made his or her application on or after 14 September 2009 — the Minister is satisfied that the entertainment sponsor who most recently identified the primary member in a nomination has agreed in writing to be the entertainment sponsor in relation to the applicant;
(b) if the primary member made his or her application before 14 September 2009 — the applicant is included in any sponsorship required in respect of the primary member.
[36] Clause 421.322
substitute
421.322 The following criteria are satisfied:
(a) if the member of the family unit who satisfies the primary criteria (the primary member) made his or her application on or after 14 September 2009 — the Minister is satisfied that the sport sponsor who most recently identified the primary member in a nomination has agreed in writing to be the sport sponsor in relation to the applicant;
(b) if the primary member made his or her application before 14 September 2009 — the applicant is included in any sponsorship required in respect of the primary member.
[37] Clause 423.322
substitute
423.322 The following criteria are satisfied:
(a) if the member of the family unit who satisfies the primary criteria (the primary member) made his or her application on or after 14 September 2009 — the Minister is satisfied that the entertainment sponsor who most recently identified the primary member in a nomination has agreed in writing to be the entertainment sponsor in relation to the applicant;
(b) if the primary member made his or her application before 14 September 2009 — the applicant is included in any sponsorship required in respect of the primary member.
[38] Clause 427.322
substitute
427.322 The following criteria are satisfied:
(a) if the member of the family unit who satisfies the primary criteria (the primary member) made his or her application on or after 14 September 2009 — the Minister is satisfied that the domestic worker sponsor who most recently identified the primary member in a nomination has agreed in writing to be the domestic worker sponsor in relation to the applicant;
(b) if the primary member made his or her application before 14 September 2009 — the applicant is included in any sponsorship required in respect of the primary member.
[39] Clause 428.229
omit
[40] Clause 428.322
substitute
428.322 The following criteria are satisfied:
(a) if the member of the family unit who satisfies the primary criteria (the primary member) made his or her application on or after 14 September 2009 — the Minister is satisfied that the religious worker sponsor who most recently identified the primary member in a nomination has agreed in writing to be the religious worker sponsor in relation to the applicant;
(b) if the primary member made his or her application before 14 September 2009 — the applicant is included in any sponsorship required in respect of the primary member.
[41] Clause 442.321A
omit
[42] After clause 442.321
insert
442.321A The Minister is satisfied that the occupational trainee sponsor of the member of the family unit who satisfies the primary criteria has agreed in writing to be the occupational trainee sponsor in relation to the applicant.
442.321B Clause 442.321A does not apply to an applicant who is a member of the family unit of the person who satisfies the primary criteria , and that person made his or her application before 14 September 2009.
[43] Clause 457.223B
omit
the applicant gives to the Minister evidence of
insert
the Minister is satisfied that the applicant has
[44] Clause 457.324D
omit
the applicant gives to the Minister evidence of
insert
the Minister is satisfied that the applicant has
[45] Subclause 457.611 (3)
omit
8403,
Part 4 Amendment of Schedule 8 to Migration Regulations 1994
[46] Subclause 8107 (3)
substitute
(3) If the visa is a Subclass 457 (Business (Long Stay)) visa that was granted on the basis that the holder met the requirements of subclause 457.223 (2) or (4):
(a) the holder must:
(i) work only in the occupation listed in the most recently approved nomination for the holder; and
(ii) unless the circumstances in subclause (3A) apply — work only for:
(A) the standard business sponsor, former standard business sponsor, party to a labour agreement or former party to a labour agreement (the sponsor) who nominated the holder in the most recently approved nomination; or
(B) if the sponsor is a standard business sponsor or former standard business sponsor who lawfully operates a business in Australia — an associated entity of the sponsor; and
(b) if the holder ceases employment — the period during which the holder ceases employment must not exceed 28 consecutive days.
(3A) For subparagraph (3) (a) (ii), the circumstances are that:
(a) the holder’s occupation is specified in an instrument in writing for subparagraph 2.72 (10) (d) (ii) or (iii); or
(b) the holder is continuing to work for the sponsor, or the associated entity of the sponsor, for the purpose of fulfilling a requirement under a law relating to industrial relations and relating to the giving of notice.
(3B) If the visa is a Subclass 457 (Business (Long Stay)) visa that was granted on the basis that the holder met the requirements of subclause 457.223 (8), (9) or (10):
(a) the holder must work only in the occupation or position in relation to which the visa was granted; and
(b) if the holder ceases employment — the period during which the holder ceases employment must not exceed 28 consecutive days.
Schedule 4 Amendments relating to parent category visas
(regulation 6)
Part 1 Amendments applicable to all applications for visas
[1] Paragraphs 2.08A (2A) (d) and (e)
omit
[2] Schedule 2, subparagraph 103.212 (3) (b) (i)
omit
close relative
insert
relative
[3] Schedule 2, subparagraph 103.212 (3) (c) (i)
omit
close relative
insert
relative
[4] Schedule 2, subparagraph 143.212 (3) (b) (i)
omit
close relative
insert
relative
[5] Schedule 2, subparagraph 143.212 (3) (c) (i)
omit
close relative
insert
relative
[6] Schedule 2, clause 143.311
substitute
143.311 Either:
(a) the applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in Subdivision 143.21; or
(b) each of the following applies:
(i) the applicant is a member of the family unit of a person (the other applicant) who:
(A) has applied for a Contributory Parent (Migrant) (Class CA) visa; and
(B) was in Australia at the time of application; and
(C) on the basis of the information provided in his or her application, appears to satisfy the criteria in Subdivision 143.21;
(ii) the other applicant is the holder of:
(A) a Subclass 173 (Contributory Parent (Temporary)) visa; or
(B) a substituted Subclass 676 visa;
(iii) the Minister has not decided to grant or refuse to grant the visa to the other applicant;
(iv) the applicant was in Australia at the time at which the applicant made the application for the Contributory Parent (Migrant) (Class CA) visa.
[7] Schedule 2, paragraph 143.411 (c)
omit
subclass 676 visa;
insert
Subclass 676 visa; or
[8] Schedule 2, after paragraph 143.411 (c)
insert
(d) an applicant:
(i) who is a member of the family unit of a person who is the holder of a Contributory Parent (Temporary) (Class UT) visa; and
(ii) to whom paragraph 143.311 (b) applies;
[9] Schedule 2, subparagraph 173.212 (3) (b) (i)
omit
close relative
insert
relative
[10] Schedule 2, subparagraph 173.212 (3) (c) (i)
omit
close relative
insert
relative
[11] Schedule 2, subparagraph 804.212 (3) (b) (i)
omit
close relative
insert
relative
[12] Schedule 2, subparagraph 804.212 (3) (c) (i)
omit
close relative
insert
relative
[13] Schedule 2, subclause 864.211 (1)
substitute
864.211 (1) The applicant is:
(a) the holder of a substantive visa (other than a Subclass 771 (Transit) visa); or
(b) a person who:
(i) is not the holder of a substantive visa; and
(ii) immediately before ceasing to hold a substantive visa, was not the holder of a Subclass 771 (Transit) visa; and
(iii) satisfies criterion 3002.
[14] Schedule 2, paragraph 864.213 (1) (b)
omit
this clause.
insert
this clause; or
[15] Schedule 2, after paragraph 864.213 (1) (b)
insert
(c) satisfies the criterion in paragraph 864.212 (c).
[16] Schedule 2, subparagraph 864.213 (3) (b) (i)
omit
close relative
insert
relative
[17] Schedule 2, subparagraph 864.213 (3) (c) (i)
omit
close relative
insert
relative
[18] Schedule 2, clause 864.221
substitute
864.221 (1) If the applicant met the requirement in paragraph 864.212 (ab) at the time of application, the applicant continues to be the parent of the child mentioned in that paragraph.
(2) If the applicant met the requirement in paragraph 864.212 (c) at the time of application, the applicant is not the parent of a child other than the child mentioned in subparagraph 864.212 (c) (iii).
(3) If the applicant met another requirement in clause 864.212 at the time of application, the applicant continues to meet the requirement.
[19] Schedule 2, clause 864.222
omit
If a sponsorship
insert
For an applicant who satisfies the criterion in paragraph 864.213 (1) (a) or (b), if a sponsorship
[20] Schedule 2, clause 864.311
substitute
864.311 Either:
(a) the applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in Subdivision 864.21; or
(b) each of the following applies:
(i) the applicant is a member of the family unit of a person (the other applicant) who:
(A) has applied for a Contributory Aged Parent (Residence) (Class DG) visa; and
(B) on the basis of the information provided in his or her application, appears to satisfy the primary criteria in Subdivision 864.21;
(ii) the Minister has not decided to grant or refuse to grant the visa to the other applicant.
[21] Schedule 2, subclause 884.211 (1)
substitute
884.211 (1) The applicant is:
(a) the holder of a substantive visa (other than a Subclass 771 (Transit) visa); or
(b) a person who:
(i) is not the holder of a substantive visa; and
(ii) immediately before ceasing to hold a substantive visa, was not the holder of a Subclass 771 (Transit) visa; and
(iii) satisfies criterion 3002.
[22] Schedule 2, subparagraph 884.212 (3) (b) (i)
omit
close relative
insert
relative
[23] Schedule 2, subparagraph 884.212 (3) (c) (i)
omit
close relative
insert
relative
[24] Schedule 2, clause 884.311
substitute
884.311 Either:
(a) the applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in Subdivision 884.21; or
(b) each of the following applies:
(i) the applicant is a member of the family unit of a person (the other applicant) who:
(A) has applied for a Contributory Aged Parent (Temporary) (Class UU) visa; and
(B) on the basis of the information provided in his or her application, appears to satisfy the primary criteria in Subdivision 884.21;
(ii) the Minister has not decided to grant or refuse to grant the visa to the other applicant.
Part 2 Amendments applicable to applications for visas made on or after 27 March 2010
[25] Schedule 1, subitem 1130 (3)
substitute
(3) Other:
(a) If the applicant is in Australia, and is:
(i) the holder of a Subclass 173 (Contributory Parent (Temporary)) visa; or
(ii) the holder of a substituted Subclass 676 visa;
the application must be made in Australia but not in immigration clearance.
(b) For an applicant other than an applicant mentioned in paragraph (a), the application must be made by:
(i) posting the application (with the correct pre-paid postage) to the post office box address specified by the Minister in an instrument for this subparagraph; or
(ii) having the application delivered by a courier to the address specified by the Minister in an instrument for this subparagraph.
(c) If the applicant (the relevant applicant) makes his or her 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 (the other applicant), the relevant applicant’s application:
(i) must be made in the same way as the application made by the other applicant; and
(ii) may be made at the same time and place as, and combined with, the application made by the other applicant.
(d) If the applicant has previously made a valid application for another parent visa:
(i) a decision to grant or refuse to grant that visa has been made; or
(ii) the application for that visa has been withdrawn.
[26] Schedule 2, clause 143.211
omit
143.211 The applicant is
insert
143.211 (1) The applicant is
[27] Schedule 2, clause 143.211
insert
(2) If the applicant:
(a) is in Australia at the time of application; and
(b) is not the holder of a substantive visa;
the applicant satisfies criterion 3002.
[28] Schedule 2, clause 804.211
omit
804.211 If:
insert
804.211 (1) If:
[29] Schedule 2, clause 804.211
insert
(2) The applicant is:
(a) the holder of a substantive visa (other than a Subclass 771 (Transit) visa); or
(b) a person who:
(i) is not the holder of a substantive visa; and
(ii) immediately before ceasing to hold a substantive visa, was not the holder of a Subclass 771 (Transit) visa.
[30] Schedule 2, subclause 804.212 (1)
substitute
804.212 (1) The applicant is:
(a) in the case of an applicant who is not the holder of a substituted Subclass 676 visa:
(i) the aged parent of a person (the child) who is a settled Australian citizen, settled Australian permanent resident or settled eligible New Zealand citizen; and
(ii) sponsored in accordance with subclause (2) or (3); or
(b) in the case of an applicant who is the holder of a substituted Subclass 676 visa:
(i) the parent of a person (the child) who is a settled Australian citizen, settled Australian permanent resident or settled eligible New Zealand citizen; and
(ii) sponsored in accordance with subclause (2) or (3).
Schedule 5 Amendments relating to occupational trainee nomination criteria
(regulation 7)
[1] Paragraph 2.72I (5) (c)
omit
nomination.
insert
nomination; and
[2] After paragraph 2.72I (5) (c)
insert
(d) the identified visa holder or applicant has appropriate English language skills to undertake the nominated occupational training.
[3] Subparagraph 2.72I (6) (b) (i)
substitute
(i) the nominated occupational training is supported by a government agency or the government of a foreign country that is the home country of the identified visa holder or applicant;
[4] Paragraph 2.72I (6) (e)
omit
training.
insert
training; and
[5] After paragraph 2.72I (6) (e)
insert
(f) the identified visa holder or applicant has appropriate English language skills to undertake the nominated occupational training.
[6] Schedule 2, after clause 442.224
insert
442.224A Taking into account the applicant’s work rights during the period of the applicant’s intended stay in Australia, the Minister is satisfied that the applicant has:
(a) adequate means to support himself or herself; or
(b) access to adequate means to support himself or herself.
Schedule 6 Amendment relating to Cultural/Social (Temporary) (Class TE) visa
(regulation 8)
[1] Schedule 1, paragraph 1205 (3) (b)
substitute
(b) Applicant (other than an applicant seeking to satisfy the criteria for the grant of a Subclass 416 (Special Program) visa or a Subclass 420 (Entertainment) visa) must be in Australia to make an application in Australia.
Schedule 7 Amendments relating to partner visas
(regulation 9)
Part 1 Amendment applicable to all applications for visas
[1] Schedule 2, clause 801.411
substitute
801.411 The applicant must be:
(a) in Australia, but not in immigration clearance; or
(b) outside Australia;
when the visa is granted.
Part 2 Amendments applicable to applications for visas made on or after 27 March 2010
[2] Schedule 2, clause 820.111, after definition of court
insert
original sponsor means the Australian citizen, Australian permanent resident or eligible New Zealand citizen who was specified in the application for a prospective marriage (temporary) visa as the person whom the applicant intended to marry after entry into Australia.
[3] Schedule 2, clause 820.111, definition of sponsoring partner
substitute
sponsoring partner means:
(a) in subclauses 820.211 (2) and (2B) and clause 820.221:
(i) for an applicant who is, or was, the holder of a prospective marriage (temporary) visa:
(A) the original sponsor for the applicant; or
(B) the subsequent sponsor for the applicant; or
(ii) for any other applicant — the Australian citizen, Australian permanent resident or eligible New Zealand citizen who was specified in the application as the spouse or de facto partner of the applicant; and
(b) in any other provision of this Part:
(i) for an applicant who is, or was, the holder of a prospective marriage (temporary) visa — the original sponsor for the applicant; or
(ii) for any other applicant — the Australian citizen, Australian permanent resident or eligible New Zealand citizen who was specified in the application as the spouse or de facto partner of the applicant.
subsequent sponsor means a person who:
(a) is an Australian citizen, Australian permanent resident or eligible New Zealand citizen; and
(b) is not the original sponsor for the applicant; and
(c) is the spouse or de facto partner of the applicant.
Note
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.
